State v. Ferguson

BECTON, Judge.

Defendant, Walter Ferguson, was convicted of driving while impaired in violation of N.C. Gen. Stat. Sec. 20-138.1 (1983) and was sentenced to thirty days in jail which was to be suspended upon completion of the Alcohol and Drug Education Traffic School and upon payment of a $100 fine. Defendant appeals. We vacate the judgment and remand for findings of fact and conclusions of law consistent with this opinion.

I

The State presented evidence that on 2 November 1986, defendant’s automobile was observed on highway U.S. 74 in Meck-lenburg County at approximately 6:45 p.m. by State…