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eBook details

• Title: North Carolina v. Priddy
• Author : Court of Appeals of North Carolina
• Release Date : January 19, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The primary issue which we must decide is whether the trial court erred in dismissing the charge of felonious habitual impaired driving for lack of jurisdiction. The State contends that the superior court had original jurisdiction to try the underlying issue of driving while impaired as an element of felonious habitual impaired driving because habitual impaired driving constitutes a substantive felony offense. Defendant argues that the habitual impaired driving does not constitute a separate felony offense; rather, it is a mere punishment enhancement statute like G.S. § 14-7.1, the habitual felon statute. Defendant reasons that, because habitual impaired driving is solely a punishment enhancement statute, there is no underlying felony to make original jurisdiction in superior court proper. We agree with the States position and hold that the offense of habitual impaired driving as defined by G.S. § 20-138.5 constitutes a separate substantive felony offense which is properly within the original exclusive jurisdiction of the superior court.

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