Legal Opinion

State v. Cole

Court of Appeals of North Carolina

Decided November 20, 2018No. COA18-286PublishedCited by 1 opinion

1Opinion of the Court

ELMORE, Judge.

*467 Defendant Gregory Cole appeals a judgment entered after a jury convicted him of driving while impaired ("DWI"). He argues the superior court erred by (1) denying his motion to dismiss the indictment *468 for lack of jurisdiction because the same charge against him remained pending and valid in district court; (2) denying his motion to suppress the results of roadside sobriety tests and a later intoxilyzer test because those tests were administered during an unlawful detention that arose as a direct consequence of an illegal roadside breath test and thus constituted tainted fruit of…

2Cases cited28 opinions

  1. Ornelas v. United StatesSupreme Court of the United States · 1996
  2. United States v. CortezSupreme Court of the United States · 1981
  3. Murray v. United StatesSupreme Court of the United States · 1988
  4. State v. LawrenceSupreme Court of North Carolina · 2012
  5. State v. CookeSupreme Court of North Carolina · 1982

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3Cited by1 opinion

  1. State v. StevensCourt of Appeals of North Carolina · 2019

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