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Criminal Practice – DWI – Minimum Intoxilyzer Score – Sentencing – Costs

Criminal Practice – DWI – Minimum Intoxilyzer Score – Sentencing – Costs

State v. Arrington (Lawyers Weekly No. 11-07-0848, 15 pp.) (Rick Elmore, J.) Appealed from Harnett County Superior Court. (Lindsay R. Davis Jr., J.) N.C. App. Click here for the full-text opinion.

Holding: Even though defendant was pulled over for an unrelated equipment violation, cooperated with the arresting officer and passed some of the field sobriety tests, his two .08 intoxilyzer scores support his conviction of driving while impaired.

No error in defendant’s conviction of driving while impaired nor in the imposition of costs.

Even though defendant was not present when the trial court imposed costs on him, defendant was present for his sentencing, and the only costs imposed on him were the costs mandated by his sentence. Therefore, the imposition of costs on defendant outside of his presence did not infringe on his right to be present at the time sentence is pronounced.


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