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Appeal denied in moped DWI

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CARTERET COUNTY, NC (JACKSONVILLE DAILY NEWS) -- The NC Court of Appeals has found no error in the trial of a Carteret County man convicted of being a habitual drunk driver after police arrested him on a moped in a busy Morehead City parking lot.

Kevin Ernest Lamb, 49, was convicted in August of driving while impaired and habitual impaired driving. He was sentenced to 19-23 months imprisonment.

He is serving his time at the Pender County Correctional Institution in Burgaw. Lamb also has prior convictions of three DWIs, driving while license revoked, violating vehicle registration and operating a vehicle with no operator’s license, according to the NC Department of Correction.

He filed an appeal claiming police lacked jurisdiction to make a DWI stop in a parking lot.

On Nov. 20, 2009, Morehead City Police Officer J.S. Covington found Lamb sitting on a moped at a busy intersection in the K-Mart parking lot. Lamb was "unsteady on his feet," smelled strongly of alcohol and had a pint of vodka in his pocket, according to court records.

Covington testified that he had to help Lamb off the moped and assist him in standing.

Determining that Lamb "was obviously impaired," Covington placed him under arrest. Lamb submitted to a chemical analysis, which registered 0.15 on the first test. The legal driving limit in North Carolina is 0.08 blood alcohol content.

Lamb refused to provide a second breath sample, according to court documents.

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"filed an appeal"

This idiot "filed an appeal claiming police lacked jurisdiction to make a DWI stop in a parking lot"!!!! I am sure he was still drunk when he filed the appeal. This scum bag should be jailed for the rest of his life before he takes the life of an innocent person. By the way "drunk peds" should be made illegal for people who have DWI convictions. If they drive drunk in vehicles, what is there to stop them from driving drunk on mo-peds???

Moped Drivers must abide by Same Rules as Other Drivers

Who would have paid the bill had he hurt somebody driving this moped? Driving a moped does not require a liscense or insurance!!!
The Laws must be changed. Too many accidents are happening with these Mopeds. Alot of these drivers drive very dangerously as I have been a witness myself. Accidents including these vehicles is increasing and can be dangerous for all drivers including cars.
They use the same roads everyone else does, the same rules must apply.

Fourth DUI?

The man should have been fined $10,000 and sentenced to a minimum of five years in prison....

....but that would require the lawyers in the Legislature and Senate to give up their cash cows and get serious about DUIs.