{
  "id": 8527313,
  "name": "STATE OF NORTH CAROLINA v. RONNO LYNDON COOKE",
  "name_abbreviation": "State v. Cooke",
  "decision_date": "1989-06-20",
  "docket_number": "No. 8827SC918",
  "first_page": "386",
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  "last_updated": "2023-07-14T20:07:12.068465+00:00",
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  "casebody": {
    "judges": [
      "Judges Parker and Cozort concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. RONNO LYNDON COOKE"
    ],
    "opinions": [
      {
        "text": "PHILLIPS, Judge.\nIn appealing his conviction of driving while impaired in violation of G.S. 20-138.1 defendant contends that the court erred in not charging the jury on the defense of coercion and duress and as to the credibility of the breathalyzer operator. Neither contention has merit and we find no error.\nThe trial court was correct in refusing to instruct the jury on the defense of coercion, compulsion or duress as there was no evidence that defendant faced threatening conduct of any kind at the time the officer saw him driving while intoxicated. State v. Brower and Johnson, 289 N.C. 644, 224 S.E. 2d 551 (1976), reconsideration denied, 293 N.C. 259, 243 S.E. 2d 143 (1978). The evidence that defendant relies upon was to the effect that he drove the vehicle away from a drunken party in the country because several irate people were chasing him on foot, and that he had been driving on different public highways for about thirty minutes when the officer stopped him. While this evidence tends to show that defendant was justifiably in fear for his safety when he drove away from his pedestrian pursuers, it does not tend to show that he was still justifiably fearful thirty minutes later after his pursuers had been left many miles behind. The coercion defense cannot be invoked \u201cby one who had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm,\u201d State v. Kearns, 27 N.C. App. 354, 357, 219 S.E. 2d 228, 231 (1975), disc. rev. denied, 289 N.C. 300, 222 S.E. 2d 700 (1976); and nothing in the record suggests that defendant would have exposed himself to harm of any kind if he had stopped driving the car long before the officer saw him.\nAnd the court\u2019s instructions concerning the breathalyzer exactly conformed with the Pattern Jury Instructions, N.C.P.I. \u2014 Crim. 270.20, and adequately conveyed the substance of defendant\u2019s request. State v. Green, 305 N.C. 463, 290 S.E. 2d 625 (1982).\nNo error.\nJudges Parker and Cozort concur.",
        "type": "majority",
        "author": "PHILLIPS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Thornburg, by Special Deputy Attorney General Jane P. Gray, for the State.",
      "Assistant Public Defender Joseph F. Lyles for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. RONNO LYNDON COOKE\nNo. 8827SC918\n(Filed 20 June 1989)\n1. Criminal Law \u00a7 7.5\u2014 driving while impaired \u2014 defense of coercion \u2014 no instruction \u2014 no error\nThe trial court did not err in a prosecution for driving while impaired by refusing to instruct the jury on the defense of coercion, compulsion or duress where defendant\u2019s evidence was to the effect that he drove the vehicle away from a drunken party in the country because several irate people were chasing him on foot and that he had been driving on different public highways for about thirty minutes when the officer stopped him. While the evidence tends to show that defendant was justifiably in fear for his safety when he drove away from his pursuers, it does not tend to show that he was still justifiably fearful thirty minutes later after his pursuers had been left many miles behind.\n2. Automobiles and Other Vehicles \u00a7 129\u2014 driving while impaired-credibility of breathalyzer operator \u2014 instructions\u2014no error\nThere was no error in the trial court\u2019s instructions concerning the credibility of the breathalyzer operator in a prosecution for driving while impaired where the instructions conformed with the Pattern Jury Instructions.\nAPPEAL by defendant from Sherrill, W. Terry, Judge. Judgment entered 21 April 1988 in Superior Court, GASTON County. Heard in the Court of Appeals 22 March 1989.\nAttorney General Thornburg, by Special Deputy Attorney General Jane P. Gray, for the State.\nAssistant Public Defender Joseph F. Lyles for defendant appellant."
  },
  "file_name": "0386-01",
  "first_page_order": 416,
  "last_page_order": 418
}