Appeal denied in moped DWI


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Submitted: Wed, 07/06/2011 - 6:49pm
Updated: Thu, 07/07/2011 - 1:34am
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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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