State v. Cooke

The State’s evidence tending to show defendant’s intoxication within 15-20 minutes after the accident was plenary to overrule the motion for nonsuit unaided by the results of the Breathalyzer test. State v. Collins, 247 N.C. 244, 100 S.E. 2d 489; State v. Smith, 240 N.C. 99, 81 S.E. 2d 263; State v. Dawson, 228 N.C. 85, 44 S.E. 2d 527; cf. State v. Kelly, 227 N.C. 62, 40 S.E. 2d 454.

The result of a Breathalyzer test, when the qualifications of the person making the test and the manner of making it meet the requirements of G.S. 20-139.1, is competent evidence in a criminal prosecution under…