State v. Tabor

TIMMONS-GOODSON, Judge.

Defendant appeals pursuant to N.C. Gen. Stat. § 15A-979(b)(2003) from an order denying a motion to suppress. He was charged by citation with driving while impaired. From a conviction of the charge in district court, he appealed to superior court. After the court denied the motion to suppress, defendant pled guilty to the offense. The court imposed an active sentence of 120 days. The court suspended the sentence and placed defendant on probation. The plea agreement reflects that he reserved his right of appeal.

At issue is whether the arresting officer had probable cause…