State v. Wilson

McCullough, Judge.

The State appeals from an order of the trial court dismissing defendant’s charge of misdemeanor driving while impaired under N.C. Gen. Stat. § 15A-954(a)(l) (2011) for constitutional violations involved in the taking of defendant’s blood for chemical analysis. Because the trial court erred in interpreting the dismissal statute at issue, and because the State has stipulated that the blood evidence would not be introduced at trial against defendant, we reverse the trial court’s order dismissing the charge and remand the case to the trial court for further proceedings…