State v. Fields

COZORT, Judge.

On 12 September 1984 defendant was convicted of driving while impaired in violation of G.S. 20-138.1. On appeal defendant assigns as error the trial court’s “failing to dismiss the charge of driving while impaired when the State offered no evidence the motor vehicle had been in motion or that defendant cranked the motor for purposes of driving the car.” The sole issue presented by this assignment of error is whether the defendant was “driving” a vehicle within the meaning of G.S. 20-138.1 when he sat behind the steering wheel in the driver’s seat of the car and started the car’s…