{
  "id": 8520962,
  "name": "STATE OF NORTH CAROLINA v. HARRY RAY LUCKEY",
  "name_abbreviation": "State v. Luckey",
  "decision_date": "1981-10-06",
  "docket_number": "No. 8118SC277",
  "first_page": "178",
  "last_page": "180",
  "citations": [
    {
      "type": "official",
      "cite": "54 N.C. App. 178"
    }
  ],
  "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": "279 N.C. 608",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8571466
      ],
      "year": 1971,
      "opinion_index": -1,
      "case_paths": [
        "/nc/279/0608-01"
      ]
    },
    {
      "cite": "258 S.E. 2d 391",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "opinion_index": 0
    },
    {
      "cite": "43 N.C. App. 212",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8550787
      ],
      "year": 1979,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/43/0212-01"
      ]
    },
    {
      "cite": "226 S.E. 2d 216",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1976,
      "opinion_index": 0
    },
    {
      "cite": "30 N.C. App. 45",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8551604
      ],
      "year": 1976,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/30/0045-01"
      ]
    },
    {
      "cite": "184 S.E. 2d 243",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "279 N.C. 608",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8571466
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc/279/0608-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 304,
    "char_count": 3879,
    "ocr_confidence": 0.79,
    "pagerank": {
      "raw": 2.1471670164081693e-07,
      "percentile": 0.7680474807604614
    },
    "sha256": "ecea916c96dfe222964847725bbee2b8a97400f48366aaf4fa1c8dea1a50573c",
    "simhash": "1:3bdbcf373e331222",
    "word_count": 644
  },
  "last_updated": "2023-07-14T17:12:28.716896+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges MARTIN (Robert M.) and BECTON concur:"
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. HARRY RAY LUCKEY"
    ],
    "opinions": [
      {
        "text": "MARTIN (Harry C.), Judge.\nWe find no error in defendant\u2019s trial. He first contends the court erred in admitting the testimony of the breathalyzer operator because the operator was not an \u201cexpert\u201d witness. The thrust of his argument is that he was not afforded the full potential of cross-examining the witness about blood chemistry and the technical aspects of the machine. This could very well be true of any witness, expert or otherwise. Defendant cannot pick and choose the witnesses aginst him. If they are competent to testify, he must accept the witnesses against him as he finds them for the purposes of cross-examination. Moreover, the state is not required to produce an expert witness to testify concerning a breathalyzer test. The admissibility of such testimony is governed by the rules set forth in State v. Powell, 279 N.C. 608, 184 S.E. 2d 243 (1971), and it is not necessary to repeat them here. The evidence in this respect complied with Powell and N.C.G.S. 20-139.1, and defendant\u2019s assignment of error is overruled.\nDefendant next argues that N.C.G.S. 20-138(b) is unconstitutional, and the court erred in submitting this issue to the jury. This Court has previously resolved this question against defendant\u2019s position. The statute is constitutional. State v. Basinger, 30 N.C. App. 45, 226 S.E. 2d 216 (1976).\nDefendant attempts to make two additional arguments in his brief. However, he has failed to comply with Rule 28(b)(3) of the North Carolina Rules of Appellate Procedure. No assignment of error or exception is referred to in the brief and we are not directed to that part of the record about which defendant complains. Nevertheless, we have made a voyage of discovery through the record and find no merit in defendant\u2019s last arguments.\nThe events in question in this appeal occurred on 17 March 1980; the case was tried in district court on 20 May 1980, in superior court 2 December 1980, and heard and determined by this Court on 16 September 1981. As a part of the judgment by the district court, defendant was ordered to surrender his operator\u2019s license. Presumably, he has been driving since that time. This case is another illustration why the method of appellate review should be studied and the use of review by petition for certiorari considered in certain cases to avoid unnecessary delay and expense. See Bass v. Bass, 43 N.C. App. 212, 258 S.E. 2d 391 (1979).\nNo error.\nJudges MARTIN (Robert M.) and BECTON concur:",
        "type": "majority",
        "author": "MARTIN (Harry C.), Judge."
      },
      {
        "text": "Judge BECTON\nconcurring.\nLuckey\u2019s case was not wholly frivolous. Indeed, his arguments were exceptionally well briefed. I concur in the result, however, because the law is against him. It is especially because I believe each defendant has a right to have his \u201cone day in court\u201d \u2014at the trial and appellate levels \u2014 that I write this concurring opinion. I do not oppose methods to expedite appeals of right to avoid unnecessary delay and expense, but I do oppose suggestions to substitute petitions for certiorari for appeals of right.",
        "type": "concurrence",
        "author": "Judge BECTON"
      }
    ],
    "attorneys": [
      "Attorney General Edmisteh, by Associate Attorney Richard H. Carlton, for the State.",
      "David M. Dansby, Jr. for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. HARRY RAY LUCKEY\nNo. 8118SC277\n(Filed 6 October 1981)\nAutomobiles \u00a7 126.3\u2014 testimony of breathalyzer operator competent\nIt was not error to admit the testimony of a breathalyzer operator who met the requirements of State v. Powell, 279 N.C. 608 (1971) and N.C.G.S. 20-139.1.\nJudge Becton concurring.\nAppeal by defendant from Martin, Judge. Judgment entered 2 December 1980 in Superior Court, GUILFORD County. Heard in the Court of Appeals 16 September 1981.\nDefendant was charged with operating a motor vehicle while under the influence of intoxicating liquor and running a red light. He was found guilty of the traffic light charge and of operating a motor vehicle when his alcohol blood level content was 0.10 percent or greater.\nAttorney General Edmisteh, by Associate Attorney Richard H. Carlton, for the State.\nDavid M. Dansby, Jr. for defendant appellant."
  },
  "file_name": "0178-01",
  "first_page_order": 206,
  "last_page_order": 208
}