{
  "id": 12168125,
  "name": "STATE OF NORTH CAROLINA v. SAMSON WARREN, JR.",
  "name_abbreviation": "State v. Warren",
  "decision_date": "1987-02-03",
  "docket_number": "No. 8610SC423",
  "first_page": "235",
  "last_page": "237",
  "citations": [
    {
      "type": "official",
      "cite": "84 N.C. App. 235"
    }
  ],
  "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": "352 S.E. 2d 463",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1987,
      "opinion_index": 0
    },
    {
      "cite": "84 N.C. App. 228",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        12168110
      ],
      "year": 1987,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/84/0228-01"
      ]
    }
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  "analysis": {
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  "last_updated": "2023-07-14T23:00:23.119892+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge HEDRICK and Judge ARNOLD concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. SAMSON WARREN, JR."
    ],
    "opinions": [
      {
        "text": "ORR, Judge.\nDefendant, Samson Warren, Jr., was charged with driving while impaired in violation of N.C.G.S. \u00a7 20-138.1 and with illegally transporting liquor in the passenger area of his car under N.C.G.S. \u00a7 18B-401. The district court dismissed the driving while impaired charge against defendant and the superior court affirmed the dismissal on the grounds that defendant was denied his constitutional and statutory rights of access to counsel and friends after being arrested.\nDefendant was stopped by a North Carolina State University Campus Policeman on 29 March 1984 at 10:11 p.m. He was taken to the Wake County Courthouse where a breath analysis was administered at 11:08 p.m. The results of this test showed that defendant had an alcohol concentration of 0.25. Defendant was brought before a magistrate who set secured bond at $500.00.\nDr. Donald C. Martin, head of the North Carolina State University Computer Science Department, and his son arrived at the magistrate\u2019s office between 11:00 p.m. and 11:30 p.m. while defendant was undergoing breath analysis. Dr. Martin had $300.00 ind was willing to assume responsibility for defendant. However, the magistrate told Dr. Martin that defendant would have to be in jail until 6:00 a.m. to sober up. Upon learning this, Dr. Martin and his son left, returning at 8:00 a.m. to arrange for defendant\u2019s release.\nFor the reasons set forth in State v. Knoll, 84 N.C. App. 228, 352 S.E. 2d 463 (1987), we reverse and remand this case for trial. The superior court shall enter an order remanding this case to the district court for further proceedings in accordance with this opinion.\nReversed and remanded for trial.\nChief Judge HEDRICK and Judge ARNOLD concur.",
        "type": "majority",
        "author": "ORR, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Lacy H. Thornburg, by Special Deputy Attorney General Isaac T. Avery, III, for the State.",
      "Crumpler & Scherer, by William B. Crumpler and Sally H. Scherer, for the defendant appellee."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. SAMSON WARREN, JR.\nNo. 8610SC423\n(Filed 3 February 1987)\nArrest and Bail \u00a7 7\u2014 driving while impaired \u2014access to counsel and friends \u2014denial of statutory right \u2014absence of prejudice\nDefendant was not prejudiced by the denial of his statutory right of access to counsel and friends after his arrest for driving while impaired.\nAPPEAL by the State from Farmer, Judge. Order entered 19 February 1986 in Superior Court, WAKE County. Heard in the Court of Appeals 17 September 1986.\nAttorney General Lacy H. Thornburg, by Special Deputy Attorney General Isaac T. Avery, III, for the State.\nCrumpler & Scherer, by William B. Crumpler and Sally H. Scherer, for the defendant appellee."
  },
  "file_name": "0235-01",
  "first_page_order": 263,
  "last_page_order": 265
}