State v. Labinski

STROUD, Judge.

Defendant appeals from the trial court’s order denying her pretrial motion to dismiss a charge of driving while impaired (DWI). Defendant’s pretrial motion to dismiss was made pursuant to State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988), on the grounds that she was irreparably prejudiced in the preparation of her defense by the denial of her statutory right to timely pretrial release. Because we conclude that defendant has failed to show any violation of her statutory rights caused prejudice in the preparation of her defense, we affirm.

I. Rule Violation

We first note that…