State v. Jones

538 S.E.2d 228, 140 N.C. App. 691, 2000 N.C. App. LEXIS 1257
Procedural entryThis page is a short order in State v. Jones. Read the opinion of the Court — 137 N.C. App. 221
Court of Appeals of North Carolina·Decided December 5, 2000·No. No. COA99-1142·Published

Opinion

TIMMONS-GOODSON, Judge.

Scot A. Jones (“defendant”) was convicted by a jury of impaired driving in a commercial motor vehicle. The trial court sentenced defendant to a suspended term of forty-five days imprisonment and further ordered him to serve an eighteen-month term of unsupervised probation. From this judgment, defendant appeals.

The evidence presented at trial tended to show the following: While driving cross-country from California to the North Carolina coast, defendant stopped at Brindle’s Truck Stop (“Brindle’s”) in Mount Airy, North Carolina, on the morning of 20 March 1998. Defendant was driving a tractor-trailer loaded with strawberries.

Defendant, feeling ill, visited the local hospital emergency room, where he was diagnosed with acute bronchitis with pleurisy. An emergency room physician prescribed a narcotic for defendant’s chest pain and an antibiotic for his bronchial infection. Defendant [693]*693filled his prescription and returned to the truck stop, where he fell asleep in his tractor-trailer. Defendant testified at trial that although he had been taking Nyquil (an over-the-counter cold medication containing alcohol) prior to visiting the emergency room, he did not take the cold medication after being seen by the physician.

Defendant testified that he awoke at approximately 8:00 p.m. and was still feeling sick. Defendant stated that he unhooked the trailer portion of his tractor-trailer and drove himself to the hospital. Defendant testified, however, that the wait at the emergency room was too long and he therefore did not see a physician at that time.

On 21 March 1998, at approximately 12:00 a.m., North Carolina State Trooper Dan Kiger (“Trooper Kiger”) observed two truck tractors parked outside a bar near Mount Airy. Trooper Kiger noticed the driver of one of the truck tractors climb into his vehicle. While in the process of turning his patrol car around, the trooper observed a set of headlights traveling toward his direction, which he assumed belonged to one of the truck tractors. Trooper Kiger followed the tractor, driven by defendant, and observed it swerving left of center and traveling forty-five miles an hour in a fifty-five mile an hour speed zone. The trooper activated his emergency lights and followed the tractor until it pulled into Brindle’s.

Trooper Kiger testified that defendant informed him that he had unhooked his trailer, left it at the truck stop, and visited the bar for only a few minutes. Trooper Kiger noted that he “never heard anything about any treatment or anything like that, nothing other than alcohol.”

During the encounter, Trooper Kiger detected an odor of alcohol on defendant’s breath. Based on this and other observations, the trooper concluded that defendant had consumed a sufficient quantity of alcohol to be appreciably impaired. As such, the trooper arrested defendant for driving a commercial vehicle while impaired. Trooper Kiger confirmed, through a series of physical assessments, that defendant was indeed impaired. Trooper Kiger also administered an Intoxilyzer test, which indicated that defendant’s blood alcohol concentration was .06.

At trial, Trooper Kiger offered testimony concerning the vehicle defendant was driving at the time of his arrest. Specifically, the trooper noted that the vehicle was

[694]*694what generally people talk, they call transfer track, tractor trailer track that you see on the major highways. It, however, did not have a trailer attached to it at that time. It was just what people commonly say bobtail. It had the truck tractor, front axle, two rear axles, large heavy truck, big truck.

Defendant testified that he left the hospital at 12:00 a.m., drove straight to the track stop, and did not visit a bar. Defendant stated that he told the trooper about his visit to the hospital and even showed him his hospital “paperwork” and medication. Defendant also stated that at the time of his arrest, he was driving a vehicle known as a “[19]96 [] Freightliner condo,” which he described as “a little apartment.” Defendant noted that the track had a sink, stove, refrigerator, shower, and bunk beds. Defendant testified that he did not know the exact unloaded weight of his tractor-trailer, but that the tractor-trailer’s typical loaded weight was between 78,000 and 79,000 pounds. Defendant affirmed that on the day he was arrested, the tractor-trailer’s loaded weight was approximately 70,000 pounds. Defendant testified that without the trailer, the three-axle, ten-wheel tractor weighed between 17,000 and 18,000 pounds.

Defendant moved to dismiss the case at the end of the State’s presentation of evidence and at the end of the presentation of all evidence. The trial court denied both motions, finding there was substantial evidence to support each and every element of the charged offense.

Defendant also objected to the court’s jury instructions concerning “commercial motor vehicles,” arguing that the vehicle in question was not being used as a commercial vehicle at the time of his arrest. Defendant asserted that the truck tractor was being operated in a private manner without its commercial load attached. Finding that simply disconnecting a portion of the vehicle does not alter its nature as defined by our General Statutes, the court denied defendant’s objection. The jury returned a guilty verdict, and defendant has appealed.

By his first assignment of error, defendant contends that the trial court erred in failing to grant his motion to dismiss at the close of the State’s evidence. As a preliminary issue, we note that because defendant presented evidence below, he has waived his right to challenge the denial of his motion to dismiss made at the close of the State’s case-in-chief. N.C. Gen. Stat. § 15-173 (1999); State v. Franklin, 327 [695]*695N.C. 162, 393 S.E.2d 781 (1990). We therefore consider whether the trial court erred in denying defendant’s motion to dismiss made following the presentation of all evidence.

In ruling on a motion to dismiss for insufficient evidence, the trial court must examine whether substantial evidence exists to support the essential elements of the charged offense. State v. Vause, 328 N.C. 231, 400 S.E.2d 57 (1991). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” State v. Scott, 323 N.C. 350, 353, 372 S.E.2d 572, 575 (1988). The court must examine the evidence in the light most favorable to the State, giving the State the benefit of “every reasonable inference and intendment that can be drawn therefrom.” State v. Barrett, 343 N.C. 164, 173, 469 S.E.2d 888, 893 (1996) (citation omitted). The court must not grant the motion based on contradictions and discrepancies; “they are for the jury to resolve.” State v. Earnhardt, 307 N.C. 62, 67, 296 S.E.2d 649, 653 (1982) (citation omitted). “If there is substantial evidence — whether direct, circumstantial, or both — to support a finding that the offense charged has been committed and that the defendant committed it, the case is for the jury and the motion to dismiss should be denied.” State v. Locklear, 322 N.C.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Jones, 538 S.E.2d 228, 140 N.C. App. 691, 2000 N.C. App. LEXIS 1257 (N.C. Ct. App. 2000).

538 S.E.2d 228 (State v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Vause
400 S.E.2d 57 (Supreme Court of North Carolina, 1991)
State v. Scott
372 S.E.2d 572 (Supreme Court of North Carolina, 1988)
State v. Franklin
393 S.E.2d 781 (Supreme Court of North Carolina, 1990)
State v. Locklear
368 S.E.2d 377 (Supreme Court of North Carolina, 1988)
State v. Barrett
469 S.E.2d 888 (Supreme Court of North Carolina, 1996)
State v. Earnhardt
296 S.E.2d 649 (Supreme Court of North Carolina, 1982)