State v. Simmons

STEPHENS, Judge.

I. Procedural History

A. District Court

On 28 December 2006, Defendant James Edward Simmons, V was arrested and charged with driving while impaired (“DWI”), in violation of N.C. Gen. Stat. § 20-138.1, and possession of an open container of alcohol in the passenger area of a motor vehicle, in violation of N.C. Gen. Stat. § 20-138.7. On 13 December 2007, Defendant was found guilty of both charges. The district court imposed court costs for the open container offense, and sentenced Defendant to a maximum of 45 days in the custody of the Pitt County Sheriff for the DWI offense. The…