State v. Carter

GRAHAM, Judge.

The sole question presented is whether the evidence was sufficient to withstand defendant’s motion for nonsuit.

At the time of defendant’s arrest, G.S. 20-138 made it unlawful for a person under the influence of intoxicating liquor “to drive any vehicle upon the highways within this State.” By amendment, effective 1 October 1971, this section was rewritten. It now provides: “It is unlawful . . . for any person who is under the influence of intoxicating liquor to drive or operate any vehicle upon any highway or any public vehicular area within this State.” (Emphasis added.)…