Feland v. State

Tom Glaze, Justice.

Appellant William Feland was convicted of driving while intoxicated and violating Fayetteville’s noise ordinance. On appeal, he argues that the trial court should have granted Iris motion to suppress on the grounds that the noise ordinance is unconstitutional, and the police officer who pulled him over should have known of the ordinance’s unconstitutionality.

This case was tried to the court on the following stipulated facts. Feland was driving his truck in the early morning hours of August 27, 2001, along Gregg Street in Fayetteville. A Fayetteville police officer observed…