{ "id": 6767320, "name": "STATE OF NORTH CAROLINA v. STEVEN CLARK KOSTICK, Defendant", "name_abbreviation": "State v. Kostick", "decision_date": "2014-03-18", "docket_number": "No. COA13-873", "first_page": "62", "last_page": "82", "citations": [ { "type": "official", "cite": "233 N.C. App. 62" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "322 N.C. 535", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2515688 ], "weight": 2, "opinion_index": -1, "case_paths": [ "/nc/322/0535-01" ] }, { "cite": "654 S.E.2d 740", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12640072 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "744", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/se2d/654/0740-01" ] }, { "cite": "612 S.E.2d 336", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12632813 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "342", "parenthetical": "citation omitted" }, { "page": "342", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/se2d/612/0336-01" ] }, { "cite": "662 S.E.2d 683", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12641411 ], "weight": 8, "year": 2008, "pin_cites": [ { "page": "686-87", "parenthetical": "internal quotations and citations omitted" }, { "page": "687-88" }, { "page": "690" }, { "page": "690", "parenthetical": "internal quotation and citation omitted" }, { "page": "690-91" }, { "page": "691", "parenthetical": "citations omitted" }, { "parenthetical": "internal quotations and citation omitted" } ], "opinion_index": 0, "case_paths": [ "/se2d/662/0683-01" ] }, { "cite": "660 S.E.2d 621", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12640938 ], "year": 2008, "pin_cites": [ { "page": "622", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/se2d/660/0621-01" ] }, { "cite": "188 N.C. App. 120", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4156151 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "126", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/188/0120-01" ] }, { "cite": "297 S.E.2d 540", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1982, "pin_cites": [ { "page": "548", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "307 N.C. 130", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561131 ], "year": 1982, "pin_cites": [ { "page": "143", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/307/0130-01" ] }, { "cite": "712 S.E.2d 279", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2011, "pin_cites": [ { "parenthetical": "discussing how the first prong of Brown is met where an officer stopped the defendant at a roadblock, detected an odor of alcohol and noticed two missing bottles from a six-pack of beer in the vehicle, and began a DWI investigation" } ], "opinion_index": 0 }, { "cite": "211 N.C. App. 109", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 3805973 ], "year": 2011, "pin_cites": [ { "parenthetical": "discussing how the first prong of Brown is met where an officer stopped the defendant at a roadblock, detected an odor of alcohol and noticed two missing bottles from a six-pack of beer in the vehicle, and began a DWI investigation" } ], "opinion_index": 0, "case_paths": [ "/nc-app/211/0109-01" ] }, { "cite": "692 S.E.2d 420", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 4, "year": 2010, "pin_cites": [ { "page": "424-25", "parenthetical": "citation omitted" }, { "page": "425", "parenthetical": "citation and quotations omitted" }, { "page": "425" }, { "page": "425" } ], "opinion_index": 0 }, { "cite": "203 N.C. App. 675", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4176030 ], "weight": 2, "year": 2010, "pin_cites": [ { "page": "679", "parenthetical": "citation omitted" }, { "page": "680-81" } ], "opinion_index": 0, "case_paths": [ "/nc-app/203/0675-01" ] }, { "cite": "443 U.S. 47", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6179718 ], "weight": 3, "year": 1979, "pin_cites": [ { "page": "50" }, { "page": "361" }, { "page": "2640" } ], "opinion_index": 0, "case_paths": [ "/us/443/0047-01" ] }, { "cite": "170 N.C. App. 284", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9005095 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "293", "parenthetical": "citation omitted" }, { "page": "294" } ], "opinion_index": 0, "case_paths": [ "/nc-app/170/0284-01" ] }, { "cite": "191 N.C. App. 181", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4159195 ], "weight": 4, "year": 2008, "pin_cites": [ { "page": "185-86", "parenthetical": "internal quotations and citations omitted" }, { "page": "191" }, { "page": "191" }, { "page": "192-93" } ], "opinion_index": 0, "case_paths": [ "/nc-app/191/0181-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 20-138.1", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "weight": 2, "opinion_index": 0 }, { "cite": "435 U.S. 191", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 3068 ], "weight": 3, "year": 1978, "pin_cites": [ { "parenthetical": "holding that by submitting to the overriding sovereignty of the United States, Indian tribes hold inherent power to try and punish Indians except where otherwise prohibited by Congress" }, { "page": "207" }, { "page": "210" } ], "opinion_index": 0, "case_paths": [ "/us/435/0191-01" ] }, { "cite": "18 U.S.C. \u00a7 1153", "category": "laws:leg_statute", "reporter": "U.S.C.", "weight": 2, "opinion_index": 0 }, { "cite": "190 N.C. App. 649", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4158700 ], "year": 2008, "pin_cites": [ { "page": "650", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/190/0649-01" ] }, { "cite": "600 S.E.2d 623", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 435193 ], "year": 2008, "pin_cites": [ { "page": "625" } ], "opinion_index": 0, "case_paths": [ "/ga-app/267/0899-01" ] }, { "cite": "190 N.C. App. 653", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4158791 ], "year": 2008, "pin_cites": [ { "page": "656" } ], "opinion_index": 0, "case_paths": [ "/nc-app/190/0653-01" ] }, { "cite": "253 S.E.2d 577", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 5, "year": 1979, "pin_cites": [ { "page": "579" } ], "opinion_index": 0 }, { "cite": "40 N.C. App. 668", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8552623 ], "weight": 2, "year": 1979, "pin_cites": [ { "page": "670" } ], "opinion_index": 0, "case_paths": [ "/nc-app/40/0668-01" ] }, { "cite": "316 S.E.2d 870", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1984, "pin_cites": [ { "page": "874", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "69 N.C. App. 1", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525718 ], "weight": 2, "year": 1984, "pin_cites": [ { "page": "5-6", "parenthetical": "citations omitted" }, { "page": "7" } ], "opinion_index": 0, "case_paths": [ "/nc-app/69/0001-01" ] }, { "cite": "480 U.S. 202", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1131060 ], "year": 1987, "pin_cites": [ { "page": "207" } ], "opinion_index": 0, "case_paths": [ "/us/480/0202-01" ] }, { "cite": "447 U.S. 134", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6182119 ], "year": 1980, "pin_cites": [ { "page": "154" } ], "opinion_index": 0, "case_paths": [ "/us/447/0134-01" ] }, { "cite": "419 U.S. 544", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6176926 ], "year": 1975, "pin_cites": [ { "page": "557" } ], "opinion_index": 0, "case_paths": [ "/us/419/0544-01" ] }, { "cite": "18 U.S.C. \u00a7 1151", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 2012, "opinion_index": 0 }, { "cite": "541 U.S. 193", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 5908820 ], "year": 2004, "pin_cites": [ { "page": "200", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/us/541/0193-01" ] }, { "cite": "555 S.E.2d 348", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2001, "pin_cites": [ { "page": "351", "parenthetical": "citation omitted" }, { "page": "351" } ], "opinion_index": 0 }, { "cite": "147 N.C. App. 274", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9379178 ], "weight": 2, "year": 2001, "pin_cites": [ { "page": "277", "parenthetical": "citation omitted" }, { "page": "279" } ], "opinion_index": 0, "case_paths": [ "/nc-app/147/0274-01" ] }, { "cite": "369 S.E.2d 558", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 5, "year": 1988, "pin_cites": [ { "page": "559", "parenthetical": "\"Upon a defendant's arrest for DWI, the magistrate is obligated to inform him of the charges against him, of his right to communicate with counsel and friends, and of the general circumstances under which he may secure his release.\"" }, { "page": "564" } ], "opinion_index": 0 }, { "cite": "540 S.E.2d 713", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "723", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "353 N.C. 50", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 135728 ], "year": 2000, "pin_cites": [ { "page": "66", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/353/0050-01" ] }, { "cite": "676 S.E.2d 74", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2009, "pin_cites": [ { "page": "77", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "196 N.C. App. 683", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4165913 ], "year": 2009, "pin_cites": [ { "page": "686", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/196/0683-01" ] }, { "cite": "17 S.E.2d 108", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1941, "pin_cites": [ { "page": "112", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "220 N.C. 266", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11301689 ], "year": 1941, "pin_cites": [ { "page": "271", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/220/0266-01" ] }, { "cite": "701 S.E.2d 615", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2010, "pin_cites": [ { "page": "631-32" } ], "opinion_index": 0 }, { "cite": "364 N.C. 443", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4152569 ], "year": 2010, "pin_cites": [ { "page": "467-68" } ], "opinion_index": 0, "case_paths": [ "/nc/364/0443-01" ] }, { "cite": "322 N.C. 535", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2515688 ], "weight": 5, "pin_cites": [ { "page": "536" }, { "page": "544" } ], "opinion_index": 0, "case_paths": [ "/nc/322/0535-01" ] } ], "analysis": { "cardinality": 1463, "char_count": 48611, "ocr_confidence": 0.719, "pagerank": { "raw": 7.0754289511419e-08, "percentile": 0.4260072691496686 }, "sha256": "9e295e14c1eff9197bfcefe706f7d4ccb09733e6626e1aa63b719b9c60918898", "simhash": "1:cfbad672036d2cf6", "word_count": 7820 }, "last_updated": "2023-07-14T17:57:00.832613+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges CALABRIA and GEER concur." ], "parties": [ "STATE OF NORTH CAROLINA v. STEVEN CLARK KOSTICK, Defendant" ], "opinions": [ { "text": "BRYANT, Judge.\nPursuant to the Tribal Code of the Eastern Band of the Cherokee Indians and mutual compact agreements between the Tribe and other law enforcement agencies, the North Carolina Highway Patrol has authority to patrol and enforce the motor vehicle laws of North Carolina within the Qualla boundary of the Tribe, including authority to arrest non-Indians who commit criminal offenses on the Cherokee reservation. Our State courts have jurisdiction over the criminal offense of driving while impaired committed by a non-Indian, even where the offense and subsequent arrest occur within the Qualla boundary of the Cherokee reservation. A defendant\u2019s Knoll motion is properly dismissed where the magistrate follows N.C. Gen. Stat. \u00a7 15A-511(b) and any deviation from the statutory requirements is not prejudicial to defendant.\nOn 24 April 2010, the Cherokee Harley Davidson Rally (the \u201crally\u201d) was held at the fairgrounds in Cherokee, North Carolina. As part of a cooperative agreement between the Eastern Band of the Cherokee Indians (the \u201cTribe\u201d) and Swain County police departments and the North Carolina State Highway Patrol (\u201cState Highway Patrol\u201d), Swain County and State Highway Patrol officers assisted the Cherokee police officers in patrolling the rally, setting up and administering checkpoints, and providing assistance as needed. Checkpoints were established at the roads leading into and out of the fairgrounds, Drama Road/State Highway 1361 and State Highway 441, and were run by a combination of Cherokee and Swain County police officers. The checkpoints were intended to check all vehicles leaving the rally for potential driving while impaired (\u201cDWI\u201d), driver\u2019s license, insurance, and unsafe driving violations.\nThat evening at around 10:00 p.m., defendant Steven Clark Kostick (\u201cdefendant\u201d) left the rally\u2019s parking lot and encountered a checkpoint on Drama Road. After rolling two car lengths past Cherokee Officer Dustin Wright who signaled for defendant to stop, defendant stopped his vehicle. As Officer Wright approached the vehicle, he immediately noticed an odor of alcohol and saw two open cans of beer in the car\u2019s center console cup holders. Officer Wright also noticed that a woman sitting in the front passenger seat of the vehicle was crying. Officer Wright directed defendant to return his vehicle to the parking lot and called for an available officer to come and conduct an investigation of defendant.\nThe responding officer was State Highway Patrol Trooper Jim Hipp who took over the investigation of defendant at the request of Officer Wright. After noticing that defendant smelled of alcohol, had red, glassy eyes, slurred speech, and an unsteady gait, Trooper Hipp conducted four field sobriety tests and concluded that defendant was likely intoxicated. Defendant told Trooper Hipp that he had consumed four to five beers that evening, and then admitted to having a handgun in his track. The woman in defendant\u2019s car was driven by another officer back to the vacation cabin where she was staying with defendant.\nTrooper Hipp arrested defendant on suspicion of DWI. Defendant was taken to the Swain County jail where he blew a 0.15 on a Breathalyzer test. Defendant was arraigned by a magistrate after being charged with DWI and was ordered to be held on a $500.00 secured bond. Defendant was released from the Swain County jail around 4 a.m. on 25 April 2010 after posting bail.\nOn 24 November 2011, defendant filed handwritten motions to suppress (entitled \u201cMotion to Suppress Stop and Arrest;\u201d \u201cMotion to Suppress\u201d). On 2 December 2011, defendant filed a motion to dismiss alleging lack of jurisdiction over defendant\u2019s arrest. The trial court denied all of defendant\u2019s motions, and on 6 April 2011, defendant was convicted of DWI in District Court. Defendant appealed his conviction to the Superior Court.\nOn 8 December 2011, defendant filed a new motion to dismiss alleging that the State Highway Patrol had no arrest authority within the Cherokee reservation and that defendant was on Cherokee, rather than State, property at the time of his arrest. Defendant further moved to suppress the evidence regarding the checkpoint stop and made a Knoll motion alleging that the magistrate did not properly inform defendant of his right to contact counsel and friends upon his arrest. At a pretrial hearing on 20-21 February 2013, defendant\u2019s motions were denied. On 22 February 2013, a jury convicted defendant of DWI. Defendant appeals.\nOn appeal, defendant challenges (I) the subject matter jurisdiction of the trial court, including whether the road on which defendant was stopped was a North Carolina state road, whether the North Carolina Highway Patrol had arrest authority, and whether the trial court erred in denying defendant\u2019s pre-trial motion to dismiss the DWI charges; (II) whether the roadblock set-up by the Cherokee Police Department was constitutional; and (III) the trial court\u2019s failure to grant defendant\u2019s Knoll motion to dismiss the DWI citation.\nMotion to Dismiss\nOn 2 October 2013, the State filed a motion to dismiss defendant\u2019s appeal, arguing that defendant failed to properly preserve his appeal. Specifically, the State contends that the record on appeal is insufficient because defendant failed to include a complete trial transcript to show that defendant properly renewed his pretrial objections at trial as to subject matter jurisdiction, suppression of evidence from the checkpoint and a Knoll violation, and that without proof that defendant did renew his objections at trial, those objections cannot be deemed to be preserved on appeal. Defendant, on the other hand, counters that he \u201chas preserved each and every issue on appeal.\u201d\nPursuant to our Rules of Appellate Procedure, \u201c[t]he record on appeal in criminal actions shall contain... so much of the litigation, set out in the form provided in Rule 9(c)(1), as is necessary for an understanding of all issues presented on appeal. . . .\u201d N.C. R. App. P. 9(a)(3) (e) (2013).\nIn order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion, stating the specific grounds for the ruling the party desired the court to make if the specific grounds were not apparent from the context. It is also necessary for the complaining party to obtain a ruling upon the party\u2019s request, objection, or motion. Any such issue that was properly preserved for review by action of counsel taken during the course of proceedings in the trial tribunal by objection noted or which by rule or law was deemed preserved or taken without any such action, including, but not limited to, whether the judgment is supported by the verdict or by the findings of fact and conclusions of law, whether the court had jurisdiction over the subject matter, and whether a criminal charge is sufficient in law, may be made the basis of an issue presented on appeal.\nN.C. R. App. P. 10(a)(1) (2013). Where a defendant does not preserve an issue for appeal, that issue may only then be appealed by claiming plain error pursuant to N.C. R. App. P. 10(a)(4). State v. Waring, 364 N.C. 443, 467-68, 701 S.E.2d 615, 631-32 (2010).\nThe State contends that defendant\u2019s appeal should be dismissed in its entirety because by not providing a complete trial transcript the record on appeal is insufficient. At the pretrial hearing, defendant raised three motions: a motion to dismiss for lack of subject matter jurisdiction; a motion to suppress evidence from the checkpoint; and a Knoll motion.\nA. Defendant\u2019s motion to dismiss for lack of subject matter jurisdiction\nDefendant provided a trial transcript for the pretrial hearing of 20-21 February 2013 but did not provide the transcript for his jury trial on 22 February 2013. However, a determination of subject matter jurisdiction does not require the presence of a complete trial transcript, as \u201c[jurisdiction has been defined as \u2018the power to hear and to determine a legal controversy; to inquire into the facts, apply the law, and to render and enforce a judgment[.]\u2019 \u201d High v. Pearce, 220 N.C. 266, 271, 17 S.E.2d 108, 112 (1941) (citation omitted). As such, defendant\u2019s failure to include a trial transcript for his jury trial on 22 February 2013 does not negate his appeal regarding his motion to dismiss for lack of subject matter jurisdiction. See N.C. R. App. R 10(a)(1). The State\u2019s motion to dismiss defendant\u2019s appeal as it relates to the issue of subject matter jurisdiction must, therefore, be denied.\nB. Defendant\u2019s motion to suppress evidence from the checkpoint\n[A] motion in limine is insufficient to preserve for appeal the question of the admissibility of evidence if the defendant fails to further object to that evidence at the time it is offered at trial. Rulings on motions in limine are preliminary in nature and subject to change at trial, depending on the evidence offered, and thus an objection to an order granting or denying the motion is insufficient to preserve for appeal the question of the admissibility of the evidence.\nState v. Reaves, 196 N.C. App. 683, 686, 676 S.E.2d 74, 77 (2009) (citation omitted).\nDefendant made apretrial motion to suppress evidence regarding the checkpoint and DWI arrest. However, defendant omitted the transcript of his jury trial; therefore, we have no objective means of ascertaining whether defendant renewed his motion to suppress at trial. \u201c[A] pretrial motion to suppress, a type of motion in limine, is not sufficient to preserve for appeal the issue of admissibility of evidence .... [Therefore, a] defendant waive[s] appellate review of this issue by failing to object during trial to the admission\u201d of the challenged evidence. State v. Grooms, 353 N.C. 50, 66, 540 S.E.2d 713, 723 (2000) (citation omitted). Defendant, however, points to the record of the pretrial hearing; there the trial court denied his motion to suppress and noted defendant\u2019s \u201cexception\u201d to the trial court\u2019s ruling. Further, defendant points to an agreement between the State and defendant that the pretrial hearing transcript would be sufficient for purposes of defendant\u2019s appeal. This agreement is part of the record on appeal. Therefore, even if defendant\u2019s issue is not properly preserved, to prevent manifest injustice to defendant we exercise our authority pursuant to Rule 2 and hear defendant\u2019s appeal of this issue.\nC. Defendant\u2019s Knoll motion\nA Knoll motion, based on State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988), alleges that a magistrate has failed to inform a defendant of the charges against him, his right to communicate with counsel, family, and friends, and the general conditions he must meet for pretrial release pursuant to N.C. Gen. Stat. \u00a7 15A-511 (2013). \u201cIf there is a conflict between the state\u2019s evidence and defendant\u2019s evidence on material facts, it is the duty of the trial court to resolve the conflict and such resolution will not be disturbed on appeal.\u201d State v. Lewis, 147 N.C. App. 274, 277, 555 S.E.2d 348, 351 (2001) (citation omitted).\nHere, the trial court heard arguments by both sides and made its findings of fact and conclusions of law during the pretrial hearing; therefore, a transcript of defendant\u2019s jury trial is not necessary for our review of his Knoll motion. See id.; Knoll, 322 N.C. 535, 369 S.E.2d 558. Accordingly, the State\u2019s motion to dismiss defendant\u2019s Knoll motion is denied.\nI.\nSubject Matter Jurisdiction\nA. North Carolina road\nDefendant first argues that the trial court erred in finding that the road on which defendant was stopped was a North Carolina state road. Specifically, defendant contends that the road on which he was stopped, Drama Road, is on federal land because it is controlled by the Tribe, and thus, the State had no authority to stop and arrest defendant while he was driving on it. Defendant\u2019s argument as to whether the road is controlled by the State or the Tribe lacks merit, as our State Highway Patrol enjoys an existing compact with the Tribe to assist with patrolling and enforcing roads within this state.\n\u201c[T]he Constitution grants Congress broad general powers to legislate in respect to Indian tribes, powers that we have consistently described as \u2018plenary and exclusive.\u2019 \u201d United States v. Lara, 541 U.S. 193, 200 (2004) (citations omitted). Congress has defined Indian country as\n(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government... including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.\n18 U.S.C. \u00a7 1151 (2012). Indian tribes retain \u201cattributes of sovereignty over both their members and their territory.\u201d United States v. Mazurie, 419 U.S. 544, 557 (1975). \u201c[T]ribal sovereignty is dependent on, and subordinate to, only the Federal Government, not the States.\u201d Washington v. Confederated Tribes of the Colville Indian Reservation, 447 U.S. 134, 154 (1980). \u201c[S]tate laws may be applied to tribal Indians on their reservations if Congress has expressly so provided.\u201d Cal. v. Cabazon Band of Mission Indians, 480 U.S. 202, 207 (1987).\nFederal recognition of the [Cherokee] Eastern Band as an Indian tribe has at least two major implications for the issue of state jurisdiction: (1) the federal government continues to maintain plenary power over the Eastern Band, a fact which strictly limits extensions of state power, and (2) the Eastern Band, like all recognized Indian tribes, possesses the status of a \u201cdomestic dependent nation\u201d with certain retained inherent sovereign powers.\nWildcatt v. Smith, 69 N.C. App. 1, 5-6, 316 S.E.2d 870, 874 (1984) (citations omitted). An Indian tribe may engage in a tribe-state compact \u201cto facilitate the exercise of each government\u2019s respective authority.\u201d Felix S. Cohen, Handbook op Federal Indian Law \u00a7 6.05, at 591 (Nell Jessup Newton ed., 2012). The reservation lands of the Tribe in our State are known as the Qualla boundary. See Sasser v. Beck, 40 N.C. App. 668, 670, 253 S.E.2d 577, 579 (1979) (\u201cThe United States first recognized the rights of the Indians who had remained in North Carolina by an Act of 1848, establishing a fund for their benefit. The Qualla Boundary lands were purchased partly with money from this fund. In 1866 the North Carolina legislature passed a statute granting the Cherokee permission to remain in the State, and in 1868 Congress provided that the Secretary of the Interior should \u2018take the same supervisory charge of the Eastern or North Carolina Cherokees as of other tribes of Indians.\u2019 In 1889 the eastern Cherokees were incorporated under the laws of North Carolina, and in 1897 their charter was amended to give the Cherokee limited power of government, with special reference to control of tribal property. The title to the Qualla Boundary lands, which had been held by the Commissioner of Indian Affairs, was conveyed to the corporation but remained subject to the supervision of the Commissioner. This title was conveyed to the United States in trust in 1925.\u201d (citation omitted)). \u25a0\nThe Tribe\u2019s Code of Ordinances, section 20-1 states that:\n(a) In order to ensure consistency in the application and enforcement of all civil and criminal traffic and motor vehicle laws on the Cherokee Indian Reservation and in surrounding areas, the Tribe adopts Chapter 20 of the North Carolina General Statutes and any amendments to that chapter which may be made in the future. In so doing, all persons operating motor vehicles on the Cherokee Indian Reservation must abide by these provisions .... Any references in Chapter 20 of the N. C. G.S. to violations occurring within the State of North Carolina shall also include violations occurring within the Cherokee Indian Reservation.\n(b) All civil traffic infractions contained therein shall be enforced by the North Carolina Highway Patrol, Federal Law Enforcement Officers, and the Cherokee Police Department....\n(e) All traffic and motor vehicle violations shall be enforced in accordance with existing compacts in an effort to ensure cooperation between all law enforcement agencies.\nCherokee IndiaNS Eastern Band, N.C., Code ch. 20, art. 1, \u00a7 20-1 (2013) (emphasis added). Moreover, pursuant to section 15-2 of the Tribe\u2019s Code,\n(a) The North Carolina Highway Patrol is hereby authorized to patrol the roads and highways on the Cherokee Indian Reservation and to enforce the North Carolina traffic laws as adopted by the Eastern Band of Cherokee Indians.\n(b) The North Carolina Highway Patrol is hereby authorized to enforce the North Carolina criminal laws against all persons who are not subject to the criminal laws of the Tribe or the criminal jurisdiction of the Cherokee Court.\nId. \u00a7 15-2.\nDefendant contends that the road on which he was stopped, Drama Road, was not a road upon which the State Highway Patrol had jurisdiction to operate.\nAt his pretrial hearing, evidence was presented showing that Drama Road is held and maintained by the State within the Tribe\u2019s reservation, the Qualla boundary. However, pursuant to the Tribe\u2019s Code, section 20-1, the language of which is identical to that of Chapter 20 of our General Statutes, the State Highway Patrol has authority to \u201cpatrol the roads and highways on the . . . reservation.\u201d Id. Moreover, section 20-l(e) of the Tribal Code notes that \u201c[a]U traffic and motor vehicle violations shall be enforced in accordance with existing compacts in an effort to ensure cooperation between all law enforcement agencies.\u201d Id. Furthermore, testimony by Cherokee Officer Teesateskie and State Highway Patrol Trooper Hipp indicated that the Cherokee Police Department had a compact with the Swain County Police Department and the State Highway Patrol to provide assistance during the rally, and that this agreement had existed for several years.\nDefendant was initially stopped by Cherokee Officer Wright on suspicion of Driving While Impaired before Trooper Hipp was called in to assist. As Trooper Hipp was authorized both under Tribal Code \u00a7 20-1 and the mutual assistance compact between the Tribe, the Swain County Police Department and the State Highway Patrol, the State Highway Patrol, through Trooper Hipp, had the right to assist the Tribe in stopping, investigating, and arresting defendant on Drama Road. Defendant\u2019s argument as to whether the State or the Tribe controls Drama Road is overruled, as is defendant\u2019s argument concerning Trooper Hipp\u2019s arrest authority.\nB. DWI Offense\nDefendant also contends the trial court lacked subject matter jurisdiction to prosecute defendant, a non-Indian, for a DWI offense incurred while defendant was on Indian land. We disagree.\nA claim that the trial court lacks subject matter jurisdiction presents a question of law which is reviewed de novo. State v. Satanek, 190 N.C. App. 653, 656, 600 S.E.2d 623, 625 (2008). \u201c[T]he issue of a court\u2019s jurisdiction over a matter may be raised at any time, even for the first time on appeal or by a court sua sponte.\" State v. Webber, 190 N.C. App. 649, 650, 660 S.E.2d 621, 622 (2008) (citation omitted).\nAs discussed in Issue I, the Tribe has incorporated Chapter 20 of our General Statutes with regard to the regulation of motor vehicles into its Code. This incorporation and compact with neighboring police departments gave Trooper Hipp arrest authority over defendant. In determining whether the State then had subject matter jurisdiction over defendant\u2019s DWI offense, we must look to general principles of Indian sovereignity.\n[T]he Indian Civil Rights Act . . . permit[s] states to assume jurisdiction over civil cases involving Indians and arising in Indian country by consent of the tribe affected. The Eastern Band has never given formal consent to the assumption of state jurisdiction pursuant to the Indian Civil Rights Act.\nWildcatt, 69 N.C. App. at 7, 316 S.E.2d at 875 (citing Sasser v. Beck, 40 N.C. App. 668, 253 S.E.2d 577 (1979)). Pursuant to 18 U.S.C. \u00a7 1153, an Lidian tribe has jurisdiction over crimes committed by both its own Indian members and by Indian members of other tribes. 18 U.S.C. \u00a7 1153 (2012); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) (holding that by submitting to the overriding sovereignty of the United States, Indian tribes hold inherent power to try and punish Indians except where otherwise prohibited by Congress). However, \u201cthe commonly shared presumption of Congress . . . [is] that tribal courts do not have the power to try non-Indians [for crimes committed on Indian land].\u201d Oliphant, 435 U.S. at 207.\nHere, defendant concedes in his brief that he is not a member of an Indian tribe. Trooper Hipp testified that at the time he placed defendant under arrest, he assumed that defendant was non-Indian. Moreover, in its findings of fact regarding defendant\u2019s pretrial motion to suppress the trial court noted that \u201c[t]he Court can only assume and take notice that [defendant] is a non-Indian . ...\u201d As such, whether the trial court would have subject matter jurisdiction over defendant\u2019s DWI offense would depend on whether a DWI offense, as defined by section 20 of our General Statutes and the Tribal Code, is a criminal or civil offense.\nAfter defendant blew a 0.15 on his breath test, defendant was charged with DWI. A DWI, as defined by N.C. Gen. Stat. \u00a7 20-138.1, is a misdemeanor offense; a misdemeanor offense is a type of criminal offense. See N.C.G.S. \u00a7 20-138.1(a)(1) (2013) (\u201cA person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State [] [w]hile under the influence of an impairing substance[.]\u201d).\nPursuant to Tribal Code \u00a7 20-1, \u201c[c]riminal penalties may only be imposed against persons who are subject to the Cherokee court\u2019s criminal jurisdiction . . . .\u201d Cherokee Indians Eastern Band, N.C., Code ch. 20, art. 1, \u00a7 20-1. Additionally, the Code requires that a Cherokee magistrate follow specific procedures, known as the \u201cSt. Cloud test,\u201d to ensure that the Tribal court would have jurisdiction over a defendant. After specific inquiries, \u201c [i]f the Magistrate determines that the defendant is a non-Indian, then the Magistrate shall notify the CIPD (Cherokee Indian Police Department) of same, dismiss the Tribe\u2019s charges and turn the defendant over to the CIPD for transport to the appropriate State or local judicial or law enforcement officer or to the Federal authorities.\u201d Id. \u00a7 15, App. A, Cherokee R. Crim. P. 6(b)(1) (2013). Therefore, tribal courts lack jurisdiction over non-Indians. See Oliphant, 435 U.S. at 210 (\u201cThe power of the United States to try and criminally punish is an important manifestation of the power to restrict personal liberty. By submitting to the overriding sovereignty of the United States, Indian tribes therefore necessarily give up their power to try non-Indian citizens of the United States except in a manner acceptable to Congress.\u201d (citation omitted)). As such, the State Highway Patrol had authority over defendant. Therefore, where the Tribal Code of Ordinances adopted N.C.G.S. Chapter 20 and where the Code further authorizes the State Highway Patrol to enforce North Carolina traffic laws as adopted by the Eastern Band of the Cherokee Indians, the trial court did not err in exercising subject matter jurisdiction over defendant. Defendant\u2019s argument is overruled.\nII.\nDefendant next challenges whether the roadblock set-up by the Cherokee Police Department was constitutional.\nDefendant first argues that the trial court erred in finding the roadblock constitutional because the State Highway Patrol lacked authority to enforce traffic laws within the Qualla boundary. As we have already determined in Issue I that the State Highway Patrol had authority to enforce traffic laws within the Qualla boundary, we need not address this portion of defendant\u2019s argument.\nDefendant further argues that even if the State Highway Patrol had authority to enforce traffic laws within the Qualla boundary, the trial court erred in finding the roadblock constitutional because the roadblock was improperly conducted. We disagree.\nWhen considering a challenge to a checkpoint, the reviewing court must undertake a two-part inquiry to determine whether the checkpoint meets constitutional requirements. First, the court must determine the primary programmatic purpose of the checkpoint....\nSecond, if a court finds that police had a legitimate primary programmatic purpose for conducting a checkpoint . . . [the court] must judge its reasonableness, hence, its constitutionality, on the basis of the individual circumstances.\nState v. Veazey, 191 N.C. App. 181, 185-86, 662 S.E.2d 683, 686-87 (2008) (internal quotations and citations omitted).\nThe State, in arguing that the roadblock was constitutional, presented testimony from Cherokee Officers Wright and Teesateskie and State Highway Patrol Trooper Hipp that the roadblock was one of two established near the rally. Each roadblock was set-up to check all vehicles leaving the rally for potential DWI, driver\u2019s license, insurance, and unsafe driving violations. In its findings of fact the trial court determined the roadblock to have a \u201clegitimate primary programmatic purpose,\u201d stating that\nthe design of the procedure of a checkpoint was that each vehicle be stopped. The primary purpose was to see if the license was current, the registration of the vehicle, and any other violation of the law that was then eminently detectable by the officer. Each and every vehicle coming out was checked. There was no selectivity in the process ....\nAs defendant presented no evidence in the record to contradict the State\u2019s proffered purpose for the roadblock, the trial court could rely on the testifying police officers\u2019 assertions of a legitimate primary purpose. Id. at 187, 662 S.E.2d at 687-88.\nThe trial court must, after finding a legitimate programmatic purpose, determine whether the roadblock was reasonable and, thus, constitutional. \u201cTo determine whether a seizure at a checkpoint is reasonable requires a balancing of the public\u2019s interest and an individuars privacy interest.\u201d State v. Rose, 170 N.C. App. 284, 293, 612 S.E.2d 336, 342 (2005) (citation omitted). \u201cIn order to make this determination, this Court has required application of the three-prong test set out by the United States Supreme Court in Brown v. Texas, 443 U.S. 47, 50, 61 L. Ed. 2d 357, 361, 99 S. Ct. 2637, 2640 (1979).\u201d State v. Jarrett, 203 N.C. App. 675, 679, 692 S.E.2d 420, 424-25 (2010) (citation omitted). \u201cUnder Brown, the trial court must consider [1] the gravity of the public concerns served by the seizure[;] [2] the degree to which the seizure advances the public interest[;] and [3] the severity of the interference with individual liberty.\u201d Id. at 679, 692 S.E.2d at 425 (citation and quotations omitted).\nThe first Brown factor \u2014 the gravity of the public concerns served by the seizure \u2014 analyzes the importance of the purpose of the checkpoint. This factor is addressed by first identifying the primary programmatic purpose... and then assessing the importance of the particular stop to the public.\nRose, 170 N.C. App. at 294, 612 S.E.2d at 342 (citation omitted). The trial court, in its findings of fact, noted that the rally \u201cadded thousands [sic] people to an already burdening population at that particular time of the year... to the Cherokee vicinity,\u201d and that \u201cthe officers concerned about checking traffic with regard to the users and participants for that rally would [sic] probably certainly [sic] justified and that the Court could almost take notice of the fact that at a Harley Davidson Rally, they\u2019re not singing hymns.\u201d\nWhen Officer Wright stopped defendant, he did so for the purpose of checking defendant for potential driving violations. After Officer Wright noticed that defendant appeared to be intoxicated and saw two open cans of beer in the track\u2019s center console, he directed defendant to return to the parking lot and requested an available officer to come and assist in a potential DWI investigation. This Court has held that such measures are appropriate under the first prong of Brown. See State v. Nolan, 211 N.C. App. 109, 712 S.E.2d 279 (2011) (discussing how the first prong of Brown is met where an officer stopped the defendant at a roadblock, detected an odor of alcohol and noticed two missing bottles from a six-pack of beer in the vehicle, and began a DWI investigation); Veazey, 191 N.C. App. at 191, 662 S.E.2d at 690 (\u201cBoth the United States Supreme Court as well as our Courts have suggested that \u2018license and registration checkpoints advance an important purpose[.]\u2019 The United States Supreme Court has also noted that states have a \u2018vital interest\u2019 in ensuring compliance with other types of motor vehicle laws that promote public safety on the roads.\u201d (citations omitted)).\nUnder the second Brown prong \u2014 \u201cthe degree to which the seizure advance [d] the public interest\u201d \u2014 the trial court must determine whether \u201c[t]he police appropriately tailored their checkpoint stops to fit their primary purpose.\u201d Veazey, 191 N.C. App. at 191, 662 S.E.2d at 690 (internal quotation and citation omitted).\nOur Court has previously identified a number of non-exclusive factors that courts should consider when determining whether a checkpoint is appropriately tailored, including: whether police spontaneously decided to set up the checkpoint on a whim; whether police offered any reason why a particular road or stretch of road was chosen for the checkpoint; whether the checkpoint had a predetermined starting or ending time; and whether police offered any reason why that particular time span was selected.\nId.\nHere, the trial court made findings of fact indicating that there was a written plan and guidelines set by the Cherokee police department for conducting roadblocks at the rally; a briefing on this plan and guidelines was held for all officers and troopers assisting at the rally; two roadblocks were set up at previously designated points to address traffic leaving the rally; the roadblocks had specific start and end times to coincide with the conclusion of the rally; and both police cruisers and fire trucks were placed at the roadblocks with their lights flashing to indicate to drivers that roadblocks were being conducted. Such findings \u201cdo indicate that the trial court considered appropriate factors to determine whether the checkpoint was sufficiently tailored to fit its primary purpose, satisfying the second Brown prong.\u201d Jarrett, 203 N.C. App. at 680-81, 692 S.E.2d at 425.\n\u201cThe final Brown factor to be considered is the severity of the interference with individual liberty.\u201d Id. at 681, 692 S.E.2d at 425. \u201c[C]ourts have consistently required restrictions on the discretion of the officers conducting the checkpoint to ensure that the intrusion on individual liberty is no greater than is necessary to achieve the checkpoint\u2019s objectives.\u201d Veazey, 191 N.C. App. at 192-93, 662 S.E.2d at 690-91.\nCourts have previously identified a number of non-exclusive factors relevant to officer discretion and individual privacy, including: the checkpoint\u2019s potential interference with legitimate traffic[]; whether police took steps to put drivers on notice of an approaching checkpoint]; whether the location of the checkpoint was selected by a supervising official, rather than by officers in the field[]; whether police stopped every vehicle that passed through the checkpoint, or stopped vehicles pursuant to a set pat-tem[]; whether drivers could see visible signs of the officers\u2019 authority[]; whether police operated the checkpoint pursuant to any oral or written guidelines[]; whether the officers were subject to any form of supervision^; and whether the officers received permission from their supervising officer to conduct the checkpoint^]\nId. at 193, 662 S.E.2d at 691 (citations omitted). \u201cOur Court has held that these and other factors are not \u2018lynchpin[s],\u2019 but instead [are] circumstance [s] to be considered as part of the totality of the circumstances in examining the reasonableness of a checkpoint.\u201d Id. (internal quotations and citation omitted).\nThe trial court\u2019s findings of fact, which were supported by the testimony of Officers Wright and Teesateskie and Trooper Hipp, found \u201cthere was in place a policy for checkpoints to be established by local police as well as assistance from the North Carolina State Highway Patrol, [for] which assistance was solicited by the Cherokee Police Department\u201d; \u201cthe local Cherokee Police Department decided to establish two checkpoints that are random, they don\u2019t do it regularly at either one of those places\u201d; and that \u201cthere [was] a policy, at that time, in writing, . .. [but] that their office . . . moved twice, and whatever document existed then no longer exists now.\u201d As for the policy, the trial court further noted that \u201cthe design of the procedure of a checkpoint was that each vehicle be stopped\u201d; \u201c[t]he primary purpose was to see if the license was current, the registration of the vehicle, and any other violation of the law that was then eminently detectable by the officer\u201d; and that\u201d[e]ach and every vehicle coming out was checked . . . [t]here was no selectivity in the process.\u201d In its conclusions of law, the trial court stated that \u201cthe Court finds that those facts support the propriety of the stop and the measure of it and the substance of it based thereon, [and] the motion to suppress the stop and any information obtained as a result thereof in regard to this defendant is denied.\u201d As the trial court properly determined that the roadblock had a legitimate programmatic purpose and that the Brown factors were met, defendant\u2019s argument is accordingly overruled.\nIII.\nDefendant\u2019s final argument on appeal is that the trial court erred in failing to grant defendant\u2019s Knoll motion to dismiss the DWI citation. We disagree.\nA Knoll motion, based on State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988), alleges that a magistrate has failed to inform a defendant of the charges against him, his right to communicate with counsel, family, and friends, and of the general circumstances under which he may secure his release pursuant to N.C. Gen. Stat. \u00a7 15A-511. See N.C.G.S. \u00a7 15A-511(b) (2013); Knoll, 322 N.C. at 536, 369 S.E.2d at 559 (\u201cUpon a defendant\u2019s arrest for DWI, the magistrate is obligated to inform him of the charges against him, of his right to communicate with counsel and friends, and of the general circumstances under which he may secure his release.\u201d). If a defendant is denied these rights, the charges are subject to being dismissed. Knoll, 322 N.C. at 544, 369 S.E.2d at 564. On appeal, the standard of review is whether there is competent evidence to support the trial court\u2019s findings and the conclusions. State v. Chamberlain, 307 N.C. 130, 143, 297 S.E.2d 540, 548 (1982) (citation omitted). \u201cIf there is a conflict between the state\u2019s evidence and defendant\u2019s evidence on material facts, it is the duty of the trial court to resolve the conflict and such resolution will not be disturbed on appeal.\u201d Id.\nDefendant raised his Knoll motion during the pretrial hearing, arguing that the magistrate failed to promptly release him after his arrest. Defendant appeared before the magistrate at 1:05 a.m., and was released from jail after posting bond at 4:50 a.m. In making his Knoll motion, defendant contends that the magistrate violated Ms rights to a timely pretrial release by setting a $500.00 bond and holding him in jail for approximately three hours and 50 minutes. Defendant\u2019s argument is without merit. Pursuant to our standard of review, the trial court properly demed defendant\u2019s Knoll motion.\nIn determining wMch conditions of release to impose, the judicial official must, on the basis of available information, take into account the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant\u2019s family ties, employment, financial resources, character, and mental condition; whether the defendant is intoxicated to such a degree that he would be endangered by being released without supervision; the length of his residence in the commumty; Ms record of convictions; Ms Mstory of flight to avoid prosecution or failure to appear at court proceedings; and any other evidence relevant to the issue of pretrial release.\nN.C. Gen. Stat. \u00a7 15A-534(c) (2013). \u201cIf the provisions of the . . . pretrial release statutes are not complied with by the magistrate, and the defendant can show irreparable prejudice directly resultmg from [this noncompliance], the DWI charge must be dismissed.\u201d State v. Labinski, 188 N.C. App. 120, 126, 654 S.E.2d 740, 744 (2008) (citation omitted).\nDuring the pretrial hearing, defendant presented evidence in support of Ms Knoll motion that the magistrate failed to promptly release him. The State disputed tMs evidence m its response. In denying defendant\u2019s motion, the trial court made the following findings of fact and conclusions of law:\nThe defendant was arrested at or about 10:30 p.m., was referred to a trooper, was taken to the jail in Swain County, and test admmistered on or about - wait, let\u2019s see -- it was 12:34. Then he was released at approximately 4:50 a.m., after makmg bond. The magistrate upon receiv-rng notification from the trooper that the breathalyser [sic] has registered m both tests .15, knowrng that the defendant was a non-resident, the magistrate also opined that upon observing the defendant, he was, and I quote, \u201cpretty drunk,\u201d end of quote.\nFurthermore, that the magistrate was under an obligation not to turn him out in the public in that kmd of condition notwithstandmg the defendant\u2019s assertion that a breathalyser [sic] test is not accurate, and he wanted a blood test to show that. The Court further finds the magistrate did not deny him any rights by setting a bond, and the bond he made, albeit some four hours later. In any event, due to those circumstances the Court finds that his rights have not been violated.\nThere\u2019s no prejudice shown to it, especially due to the fact that when he was released, he was in the company of a bondsman or bonds-lady, eventually back to the cabin where his then girlfriend, now wife, was. Either one of those ladies, either one could have helped him or assisted him in getting to a hospital to get a blood test. And if in the event I do take notice of alcohol dissipating from the body at .16 per hour, then extrapolating forward or at least backwards at the time he was arrested he had a .18. Now, going forward, had he gone ahead and gotten the blood test when he had a chance to, he still would have been at or near .08, if the breathalyser [sic] was accurate. He had the chance to do so. He hasn\u2019t been denied any rights that he could have exercised on his own. Therefore, that motion under the Knoll test is denied.\nAt the pretrial hearing, defendant testified that the magistrate told him of his right to contact family, friends and counsel; defendant could not recall if the magistrate told him that he could seek to have an independent chemical analysis done. Defendant also acknowledged that when the magistrate asked if he wanted to contact someone, defendant declared that he did not, and signed the release forms indicating this. Defendant further testified that he wanted to undergo an independent chemical analysis at the hospital, but that the four hour delay in his release prevented him from doing so. The magistrate testified that he had a \u201ccordial conversation\u201d with defendant, and that defendant was properly informed of his rights pursuant to N.C.G.S. \u00a7 15A-511(b). The magistrate further testified that defendant was given access to a telephone at the jail where he could have contacted counsel or another person to assist him in obtaining an independent analysis; defendant admitted that he used this telephone .to call a bail bondsman. As such, although there was conflicting evidence between defendant and the State as to whether the magistrate erred in his arraignment of defendant, the trial court resolved this conflict by weighing all relevant evidence before concluding that the magistrate did not commit a Knoll violation. See State v. Lewis, 147 N.C. App. 274, 279, 555 S.E.2d 348, 351 (2001) (\u201cAt the hearing on the Knoll motion, the defendant stipulated that Magistrate Alexander informed him of his right to communicate with counsel, family, and friends. The defendant testified that he was given a telephone and he attempted to make calls. Although there was conflicting evidence, the trial court found the defendant was informed of his rights by Trooper Jackson and Magistrate Alexander. Further, it found that the defendant was given the opportunity to exercise those rights but he failed to do so. The findings of the trial court support its conclusions. Thus, the trial court did not err in denying the motion to dismiss.\u201d).\nDefendant further argues that the magistrate erred in his arraignment by also charging defendant with carrying a concealed weapon. During Trooper Hipp\u2019s investigation defendant admitted that he had a handgun in his truck. Although defendant had a permit for the handgun issued in South Carolina, defendant did not produce this permit until his trial at which time the charge was dismissed. As such, the magistrate was unaware of defendant\u2019s handgun permit at the time defendant was brought before him.\nIn determining whether to hold defendant under bond, the magistrate testified that he considered all relevant circumstances surrounding defendant pursuant to N.C.G.S. \u00a7 15A-534(c). The magistrate stated that he set defendant\u2019s bond at $500.00 because defendant was, based on the chemical analysis, \u201cpretty drunk,\u201d defendant was from out-of-state and therefore \u201c [i]t\u2019s very common to ask for some kind of a secured bond when people are not from this area[,]\u201d and because defendant had a firearm on him at the time of his arrest. The magistrate then acknowledged that had he known defendant had a South Carolina permit for the handgun, he \u201cwould not have charged him with that because we honor South Carolina permits.\u201d Therefore, as the magistrate made his decision as to defendant\u2019s bond by considering all of the evidence before him, the magistrate did not err in charging defendant for carrying a concealed weapon. Furthermore, even if the magistrate erred in considering defendant\u2019s handgun in determining defendant\u2019s bond, such error was not prejudicial. In its conclusions of law denying defendant\u2019s Knoll motion, the trial court noted that\n[tjhere\u2019s no prejudice shown .... And if in the event I do take notice of alcohol dissipating from the body at .16 per hour, then extrapolating forward or at least backwards at the time he was arrested he had a. 18. Now, going forward, had he gone ahead and gotten the blood test when he had a chance to, he still would have been at or near .08, if the breathalyser was accurate.\nAs such, the trial court specifically found that the magistrate\u2019s processing of defendant was not prejudicial because defendant was so intoxicated that his length of detention and bond amount was thus proper. See Labinski, 188 N.C. App. 120, 654 S.E.2d 740 (finding no prejudicial error where the defendant was arrested for DWI, blew at 0.08, was assigned a $500.00 bond, and was held in the jail for over two hours until she posted bond, despite the magistrate failing to determine whether the defendant would pose a threat if released \u201cunder conditions other than a secured bond\u201d). Accordingly, defendant\u2019s final argument on appeal is overruled.\nThe State\u2019s motion to dismiss is denied. The trial court\u2019s denial of defendant\u2019s pretrial motions is affirmed.\nJudges CALABRIA and GEER concur.\n. The Settlement of Transcript, which is signed by counsel for both the State and defendant and dated 14 March 2013, states that:\nNOW COMES the undersigned attorneys on behalf of the Plaintiff, State of North Carolina and the Defendant, Steven Kostick as evidenced by their signatures hereto, and agree that the court reporter who transcribed the proceedings is only required to transcribe all motions to suppress for lack of subject matter jurisdiction and that the trial transcript need not be transcribed since the Defendant is only appealing the court\u2019s subject matter jurisdiction over the Defendant to the North Carolina Court of Appeals.", "type": "majority", "author": "BRYANT, Judge." } ], "attorneys": [ "Attorney General Roy Cooper, by Special Deputy Attorney General Neil Dalton and Assistant Attorney General KathryneE. Hathcock, for the State.", "McLean Law Firm, P.A., by Russell L. McLean, III, for defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. STEVEN CLARK KOSTICK, Defendant\nNo. COA13-873\nFiled 18 March 2014\n1. Jurisdiction \u2014 subject matter \u2014 trial transcript\nThe State\u2019s motion to dismiss defendant\u2019s appeal for an insufficient record as it related to subject matter jurisdiction was denied where defendant provided a pretrial but not a trial transcript. A determination of subject matter jurisdiction does not require the presence of a complete trial transcript.\n2. Appeal and Error \u2014 record\u2014trial transcript not included\u2014 interests of justice\nDefendant\u2019s contention concerning his pretrial motion to suppress evidence about a traffic checkpoint and his DWI arrest was heard by the Court of Appeals in the interests of justice even though a trial transcript was not included and it could not be determined whether defendant had renewed the motion at trial.\n3. Appeal and Error \u2014 record\u2014trial transcript not necessary\u2014 findings and conclusions at pretrial hearing\nA transcript of defendant\u2019s jury trial was not necessary for appellate review of his motion under State v. Knoll, 322 N.C. 535, in an impaired driving prosecution where the trial court made its findings and conclusions during a pretrial hearing, of which a transcript was provided.\n4. Jurisdiction \u2014 Cherokee Indian Reservation \u2014 DWI arrest\nThe Court of Appeals overruled a contention of the defendant in a DWI prosecution that the State had no authority to stop and arrest him on a road within the Cherokee Indian Reservation (Reservation) controlled by the Eastern Band of the Cherokee Indians (Tribe). The North Carolina State Highway Patrol has a compact with the Tribe to assist with patrolling and enforcing the traffic laws on roads within the Reservation.\n5. Jurisdiction \u2014 subject matter \u2014 Cherokee Indian Reservation\u2014 non-Indian \u2014 criminal offense\nThe trial court did not err in exercising subject matter jurisdiction over defendant, a non-Indian, for a DWI offense incurred while defendant was on the Cherokee Indian Reservation. Tribal courts lack jurisdiction over non-Indians in criminal cases and DWI is a type of criminal offense.\n6. Constitutional Law \u2014 roadblock\u2014legitimate programmatic purpose\nThe trial court did not err by finding that a roadblock set up by the Cherokee Police Department was constitutional where it properly determined that the roadblock set up by the Cherokee Tribal Police had a legitimate programmatic purpose and that the factors in Brown v. Texas, 443 TJ.S. 47, were satisfied.\n7. Motor Vehicles \u2014 driving while impaired \u2014 Knoll motion denied \u2014 no error\nThe trial court did not err by denying defendant\u2019s motion to dismiss a DWI citation under State v. Knoll, 322 N.C. 535. A Knoll motion alleges that a magistrate has failed to properly inform a defendant of the charges against him, his rights and of the general circumstances under which he may secure his release. Although the evidence conflicted, the trial court resolved the conflict by weighing all relevant evidence before concluding that the magistrate did not commit a Knoll violation.\n8. Bail and Pretrial Release \u2014 DWI and concealed weapon\u2014 unknown South Carolina permit \u2014 no prejudice\nThere was no prejudice in defendant\u2019s arraignment for DWI and carrying a concealed weapon where the magistrate acknowledged that he would not have charged the concealed weapons offense if he had known defendant had a South Carolina permit. The trial court specifically found that the magistrate\u2019s processing of defendant was not prejudicial because defendant was so intoxicated that his length of detention and bond amount was proper.\nAppeal by defendant from judgment entered 22 February 2013 by Judge James U. Downs in Swain County Superior Court. Heard in the Court of Appeals 11 December 2013.\nAttorney General Roy Cooper, by Special Deputy Attorney General Neil Dalton and Assistant Attorney General KathryneE. Hathcock, for the State.\nMcLean Law Firm, P.A., by Russell L. McLean, III, for defendant-appellant." }, "file_name": "0062-01", "first_page_order": 72, "last_page_order": 92 }