Common DUI Misconception: The Effect of a 0.08% BAC

The number 0.08% is important in South Carolina DUI (driving under the influence) prosecution.  That is true.  However, the state of South Carolina can and will aggressively prosecute a DUI against an individual who had less than a 0.08% blood alcohol content (BAC).

The state will do this because DUI requires, not a 0.08% BAC, but

  1. presence of alcohol or other intoxicating substance in the body, and
  2. impairment of ability to drive safely.

If an individual is physically impaired at the time of arrest, as evidenced in the police car video, the audio recording, or the officer’s testimony, a jury can, and some juries will, convict individuals who blow far less than a 0.08%.

The SC DUI Attorneys of Reeves, Aiken & Hightower

No matter what your blood alcohol concentration was, if you have been charged with DUI, you need experienced DUI representation.  At Reeves, Aiken & Hightower, you can trust that you will get the representation you deserve from attorneys with extensive DUI experience.  When you need help, call us at 877-374-5999, or contact us at this link, for a free, private consultation.

 

Action 9 News Makes Inappropriate Election Year Attack on the Judiciary

News channel Action 9 continued the media onslaught on the independence and fairness of the judges yesterday by openly questioning the judgment of Judge Kimberly Best-Staton. Characteristic of attacks on judges, the story focuses on simple results, rather than fair application of the law.

Apparently, police officers and state troopers had come to the Action 9 Investigative team to complain that a local judge was being partial to defendants accused of DWI.  The Action 9 Investigative reporter Mark Becker then aired a story based on these ill-defined complaints, some inflammatory statistics, and two pieces of anecdotal evidence.  DWI prosecution is like all criminal prosecution complicated.  When a person’s liberty and rights are at stake, Americans should and do take due process of law seriously.  This supposed investigative journalism failed to do that by ignoring the complex, interrelated issues at hand.

True “drunk driving” is a problem in Mecklenburg County, but that is no reason to sidestep the law and individual rights.

The story showed a fundamental lack of respect for the law and individual liberty with opinion questioning Judge Best-Staton’s “judgment,” instead of whether she was applying the law fairly to each case.  The story never attempts to give the public an explanation of why the judge’s judgment was being questioned, and the story failed to give an example of where the judge did not apply the law.

The evidence presented that was supposed to be so fatal to the “judgment” of Judge Best-Staton was that so far this year she found only 33% of those accused of DWI brought in front of her guilty.  The story ignores the innumerable reasons why defendants are found not guilty and the individual cases brought to her.

The public might have rightly wondered whether Judge Best-Staton was fairly applying the law, but Action 9 certainly didn’t tell them.

What we really have here is a mind set where principles of “innocent until proven guilty,” “adherence to the law,” and “liberty” are being disregarded in favor of crass embrace of judicial activism when it would allow more individuals to be found guilty, especially of pet crimes like DWI.

For what it’s worth, let’s remember that it is not a crime to merely be charged with DWI, nor is it a crime to merely have a wisp of alcohol in your system when stopped.  When a judge finds an individual not guilty of DWI, she may just be doing justice.

The DWI Lawyers of Reeves, Aiken & Hightower

If you have been charged with a DWI or any other crime, contact the attorneys at Reeves, Aiken & Hightower.  Review our credentials, make sure that we are right for you, and call us at 877-374-5999, or contact us here, for a private consultation.

Charlotte DWI Lawyer – New DWI Law – Grossly Aggravating Factor in Sentencing

Here is an another interesting article and analysis by Ms. Denning regarding the latest major change to NC DWI laws. The question raised is whether the new law which imposes the most serious punishment for a first time DWI defendant for having anyone below the age of 18 or a disabled person in the vehicle counts as a singular factor for each person or single factor overall. As this issue is not clear in the statute, it will ultimately be left to the Courts to resolve. The most frightening scenario for our typical DWI client at Reeves, Aiken & Hightower LLP is the husband and wife who are on a “date night.” After having a nice dinner and a couple glasses of wine. On their way back home, they stop to pick up their children from the baby sitter and are stopped for a minor traffic infraction. Suddenly, without an accident and no prior criminal record, the driver is looking at mandatory jail time. These laws, while well intentioned, are bound to sweep up the innocent with the truly guilty.

The Charlotte DWI lawyers of Reeves, Aiken & Hightower LLP understand the fear you are facing if you have been charged with a DWI. Our trial attorneys are seasoned litigators who will fight tirelessly to defend your rights. For more information about our firm, please visit our website at www.rjrlaw.com. After you compare our credentials to any other law firm, call us at 704-499-9000 to speak with an attorney directly for a private consultation.

Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)

May 9th, 2012

By Shea Denning

Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for driving while impaired with a child in the vehicle. Amendments effective for offenses committed on or after December 1, 2011 render this factor applicable if any of the following persons were in the vehicle at the time of the offense: (1) a child under the age of 18; (2) a person with the mental development of a child under 18; or (3) a person with a physical disability that prevents the person from getting out of the vehicle without assistance. S.L. 2011-329.  When I summarized the amendments last summer, I wrote:  “[I]f more than one of these types of persons is in the car, it appears that only one grossly aggravating factor applies.”  I want to revisit that issue in this post.

G.S. 20-179(c)(4) does not specify whether more than one grossly aggravating factor exists if more than one qualifying minor or disabled person is in the vehicle at the time of the offense.  It did not so specify before it was amended, though then it applied only when one category of persons was present in the vehicle: a child under the age of 16. In light of G.S. 20-179(c)(1)’s specification that each qualifying prior conviction counted as a separate grossly aggravating factor, the prevailing interpretation before the statute was amended was that, regardless of the number of children present in the vehicle, only one factor applied. See Ben Loeb and James Drennan, Motor Vehicle Law and the Law of Impaired Driving in North Carolina 85 (2000); see also Jeff Welty, DWI for the Whole Family. That’s the analysis I applied in the August 2011 post. It finds some support in another provision of S.L. 2011-329, which amended G.S. 20-179(c) to require Level One punishment “if it is determined that the grossly aggravating factor in subdivision (4) of this subsection applies” and to permit Level Two punishment “[i]f the judge does not find that the aggravating factor at subdivision (4) of this subsection applies.” These references to G.S. 20-179(c)(4) arguably reflect the legislature’s view that the factor, while capable of proof in multiple ways, remains singular in its application.

Nevertheless, the contrary view—namely that division of this factor into subparts evinces the legislature’s intent to permit the finding of more than one grossly aggravating factor under G.S. 20-179(c)(4)—is bolstered by case law interpreting other, similarly worded aggravating factors. The court of appeals in State v. Mack, 81 N.C. App. 578 (1986), for example, construed the aggravating factor of “especially reckless or dangerous driving” in G.S. 20-179(d)(2) to permit a finding of two separate aggravating factors, one based on especially reckless driving and the other based on especially dangerous driving. The Mack court explained that “there would need to be at least one item of evidence not used to prove either an element of the offense or any other factor in aggravation to support each additional aggravating factor.” Id. at 585. Similarly, the state supreme court has upheld the division of the aggravating factor set forth in G.S. 15A-1340.16(d)(1), which applies if “[t]he defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants,” holding that the provision may support the finding of two aggravating factors (one for inducement and one for position of leadership) if separate evidence supports each.See State v. Erlewine, 328 N.C. 626, 638-39 (1991). For that reason, both the impaired driving determination of sentencing factors form and the felony judgment form provide check boxes for the finding of one or both factors under each provision.

If the reasoning in Mack and Erlewine was applied to G.S. 20-179(c)(4), as amended, it would allow for the determination of more than one grossly aggravating factor based on the presence of more than one person in the car, each of whom satisfied a separate category. So, for example, a finding of one grossly aggravating factor under G.S. 20-179(c)(4) would be appropriate for a defendant who committed a covered offense with more than one child under the age of 18 in the vehicle because the children occupy the same category. If, however, a person with a qualifying disability or a person with the mental development of a child under the age of 18 years also was present in the vehicle, a separate grossly aggravating factor also would apply.

The DWI sentencing factors form acknowledges this possible interpretation, providing a separate check box for each category of qualifying individual under 20-179(c)(4). The form does not, of course, resolve the legal issue of whether each category gives rise to separate factor.

Given that a finding of one aggravating factor under G.S. 20-179(c)(4) requires Level One punishment, whether multiple aggravating factors can be found under this subsection carries legal significance in the limited number of cases in which there are three or more grossly aggravating factors, thus requiring punishment at Aggravated Level One.  If you’ve litigated this issue or have other insights or perspective on the proper construction of this provision, I’d love to have the benefit of your thoughts.

SC DUI Attorney / NC DWI Lawyer – How Many Drinks Before You’re Legally Impaired

There is always “bar talk” about how many drinks (alcohol, wine, beer) a person can have before they are considered “legally drunk”? While many profess to know the answer, there actually is no true scientific basis to calculate same with any certainty. An individual’s blood alcohol level is affected by a number of factors including age, weight, gender, time of day, physical condition, food consumed prior to taking a drink, other drugs or medication taken, and tolerance level. One thing we do know is that eating while drinking slows down the absorption of alcohol into your bloodstream, thereby resulting in a lower BAC level. Always remember that alcohol affects everyone differently. If you rarely drink, you could be severely impaired by a single beer. The only real conclusion reached is that impairment begins with the first drink, and that by the time you “feel drunk,” you’re probably already past the legal limit.

The Department of Justice estimates that over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics in 2005 (the latest data available). The arrest rate works out to one arrest for every 139 licensed drivers in the United States. Although these are the latest arrest figures, it is doubtful these numbers have improved. Sadly, DUI and DWI arrests continue to rise every year, and legislatures around the country continue to pass even stricter and harsher laws.

The criminal defense attorneys of Reeves, Aiken & Hightower LLP focus their practice on DUI and DWI cases in both SC and NC. Our trial lawyers have over 70 years combined experience in the courtroom. We fight hard for our clients by taking their cases to trial in order to win an acquittal or get the best negotiated plea. Prosecutors know which law firms are willing to go to court and if they know what they are doing when they get there. Our team of attorneys have unique backgrounds and qualifications. For more information about our lawyers and firm, please visit www.rjrlaw.com. Compare our firm to any other. Then call us for a private consultation at 877-374-5999. We welcome an opportunity to help you and your family.

 

 

 

 

Charlotte DWI Lawyer – License Checkpoints – Held Constitutional to Enforce Traffic Laws

Under our Constitution, we have a 4th Amendment right to be secure in our person and property. What this right means is that police are not supposed to be able to randomly stop us and investigate potential crimes without a warrant or, at least, “reasonable suspicion.” Random “checkpoints” violate this fundamental right. Nevertheless, legislatures and courts around the country have contorted this right to now allow same in the interests of public safety. They have put a number of confusing and sometimes conflicting restrictions on police, but in the end, checkpoints have now been determined to be “constitutional” in their attempt to protect the public and enforce traffic laws. Below is the case in NC that discusses these various principles.

The attorneys of Reeves, Aiken & Hightower, LLP, believe in providing as much information as possible to new clients seeking to learn what they are facing after being charged with DWI. As you will find out, the penalities for a conviction in NC are harsh, even for first time offenders. In fact, NC has some of the strictest DWI laws in the nation.  In addition to the stigma of being a convicted “drunk driver,” there can be significant consequences if convicted, including court costs, fines, SR-22 insurance, and possibly even jail time. We encourage you to review as much information as possible and then consult an experienced NC DWI attorney as early as possible. We would welcome an opportunity to help you during this critical time in your life. Call us today for a private consultation about your particular case at 704-499-9000. For even more information about our lawyers and their credentials, please visit our firm’s website at www.rjrlaw.com.

STATE v. VEAZEY

STATE of North Carolina v. Thomas Marland VEAZEY.

No. COA09-566.

— December 08, 2009

 

 

 

Attorney General Roy Cooper, by Assistant Attorney General Tamara Zmuda, for the State.
The Dummit Law Firm, by E. Clarke Dummit, for defendant.

On 1 January 2006, defendant Thomas Marland Veazey was charged with driving without a valid license and driving while impaired (“DWI”) after being stopped at a driver’s license checkpoint. Defendant was found guilty of DWI in district court and appealed to superior court. Prior to trial, defendant moved to suppress all evidence obtained at the checkpoint, alleging that his detention at the checkpoint was unconstitutional. Following a hearing, the trial court denied the motion and defendant subsequently pled no contest to DWI at the 5 June 2007 criminal session of Stokes County Superior Court, reserving his right to appeal the denial of his motion. Defendant appealed to this Court. We remanded, instructing the trial court to make additional findings of fact and conclusions of law regarding the constitutionality of the checkpoint. See State v. Veazey, 191 N.C.App. 181, 662 S.E.2d 683 (2008). We also held that, in the event the trial court found the initial checkpoint was constitutional, the “facts provided a sufficient basis for reasonable suspicion permitting ․ further investigation and detention of [d]efendant.” Id. at 195, 662 S.E.2d at 692. On 13 March 2009, the trial court entered an order, with findings of fact and conclusions of law, denying defendant’s motion to suppress. Defendant again appeals. As discussed below, we affirm.

Facts

On 1 January 2006, North Carolina State Trooper F.K. Carroll and another law enforcement officer set up a traffic checkpoint just outside the city limits of Walnut Cove in Stokes County. Trooper Carroll’s purpose was to “to enforce any kind of motor vehicle law violations” he might encounter. Shortly thereafter, defendant approached the checkpoint and was stopped. Defendant produced a valid State of Washington driver’s license, although his car had North Carolina license plates. Trooper Carroll also detected a strong order of alcohol coming from the vehicle and noticed that defendant’s eyes were red and glassy. Trooper Carroll directed defendant to pull onto the shoulder and, in doing so, defendant ran over an informational sign. When asked whether he had been drinking, defendant responded that he had consumed several beers. After defendant registered two positive readings on Alcosensor tests, Trooper Carroll arrested him.

_

On appeal, defendant brings forward four assignments of error, contending the trial court erred in (I) making findings of fact not supported by competent evidence, (II) admitting evidence gained during a constitutionally unreasonable checkpoint, (III) admitting evidence gained at an unconstitutional checkpoint, and (IV) admitting evidence gained from a checkpoint that lacked a specific programmatic purpose. Finding no error in the trial court’s order, we affirm.

Standard of Review

“This Court’s review of a trial court’s denial of a motion to suppress in a criminal proceeding is strictly limited to a determination of whether the court’s findings are supported by competent evidence, even if the evidence is conflicting, and in turn, whether those findings support the court’s conclusions of law.” In re Pittman, 149 N.C.App. 756, 762, 561 S.E.2d 560, 565 (citation omitted), disc. review denied, 356 N.C. 163, 568 S.E.2d 608 (2002), cert. denied, 538 U.S. 982, 123 S.Ct. 1799, 155 L.Ed.2d 673 (2003). “[I]f so, the trial court’s conclusions of law are binding on appeal.” State v. West, 119 N.C.App. 562, 565, 459 S.E.2d 55, 57, disc. review denied, 341 N.C. 656, 462 S.E.2d 524 (1995). “If there is a conflict between the state’s evidence and defendant’s evidence on material facts, it is the duty of the trial court to resolve the conflict and such resolution will not be disturbed on appeal.” State v. Chamberlain, 307 N.C. 130, 143, 297 S.E.2d 540, 548 (1982).

I

Defendant first challenges findings of fact 12, 14, 15 and 17, asserting that they are not supported by competent evidence. We disagree.

The challenged findings state:

12. In selecting this portion of Highway 311 for a license checkpoint, Trooper Carroll was aware of numerous violations of North Carolina Motor Vehicle law from traffic in that area including No Operator’s License, Driving While License Revoked, Inspection Violations, Expired Tags, and No Liability Insurance.

14. Trooper Carroll had been successful in the past with license checkpoints at this location, finding many violations.

15. Trooper Carroll’s focus in organizing this license checkpoint was motor vehicle violations and [he] testified repeatedly that the purpose of this license checkpoint was for the enforcement of motor vehicle law.

17. Resolving all conflicts in the testimony, the primary programmatic purpose of the checkpoint was to determine if drivers were duly licensed and observing the motor vehicle laws of North Carolina.

We begin by noting that defendant fails to cite any authority, either statutes or case law, in this portion of his brief, and we could dismiss this argument on that ground. See N.C.R.App. P. 28(b)(6) (2007); Sugar Creek Charter Sch., Inc. v. Charlotte-Mecklenburg Bd. of Ed., — N.C.App. —-, —-, 673 S.E.2d 667, 676 (2009). However, even if we reach the merits of his argument, defendant cannot prevail. In his brief, defendant acknowledges that Trooper Carroll testified to the facts summarized in findings of fact 12, 14 and 15. He then argues that they “are not supported by competent evidence as Trooper Carroll made statements that conflict with the findings in that his statements encompass more than is represented by the findings of fact.” (Emphasis added). Likewise, he contends that finding of fact 17 is erroneous because “[t]he primary purpose of the checkpoint was not merely to determine if drivers were duly licensed and observing motor registration laws. It was also set up to check for DWIs.” Thus, defendant does not argue that these findings are not supported by competent evidence, but rather disagrees with the trial court’s resolution of conflicts in the evidence. Where evidence is conflicting, it is for the trial court “to resolve the conflict and such resolution will not be disturbed on appeal.” Chamberlain, 307 N.C. at 143, 297 S.E.2d at 548. Findings 12, 14, 15 and 17 are supported by competent evidence. This assignment of error is overruled and the trial court’s findings of fact are binding.

II, III and IV

Defendant’s three remaining assignments of error and the corresponding arguments in his brief challenge the constitutionality of the checkpoint on various grounds. In evaluating the constitutionality of a checkpoint, a reviewing court must first determine the primary programmatic purpose of the checkpoint under City of Indianapolis v. Edmond, 531 U.S. 32, 121 S.Ct. 447, 148 L.Ed.2d 333 (2000), and if the purpose is valid, must consider whether the checkpoint was reasonable under the balancing test articulated in Brown v. Texas, 443 U.S. 47, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979). Veazey, 191 N.C.App. at 185-86, 662 S.E.2d at 686-87.

In his brief, defendant essentially reargues his case for suppression of the evidence, an argument more properly addressed to the trial court. Neither his assignments of error nor the arguments in his brief specifically refer to or challenge any of the trial court’s conclusions of law; he also fails to argue that the conclusions are not supported by the findings of fact. Parts of defendant’s argument challenge a finding from the original order denying his motion to suppress, even though that order is not appealed from here. These arguments are clearly inapposite.

Defendant argues that the checkpoint did not meet the balancing test required under Brown. However, defendant acknowledges that the superior court here applied the Brown balancing test, but once again contends that it erred in “tak[ing] Trooper Carroll on his word with respect to some statements and not considering his other statements.” There is no error in the trial court’s so doing. Weighing the credibility of witnesses and resolving conflicts in their testimony is precisely the role of the superior court in ruling on a motion to suppress. Chamberlain, 307 N.C. at 143, 297 S.E.2d at 548. Defendant would have this Court reapply the Brown balancing test, but this is not our task. Having determined above that competent evidence supports the trial court’s findings of fact, our further review is limited to determining whether those findings support the trial court’s conclusions of law. In re Pittman, 149 N.C.App. at 762, 561 S.E.2d at 565. Defendant does not argue that any Brown-related conclusions are not supported by the trial court’s findings of fact.

Defendant also attacks the checkpoint here as permitting Trooper Carroll excessive discretion. He asks that we overrule “a string of poor decisions involving checkpoints for drivers’ licenses” from this Court as well the North Carolina Supreme Court, relief we could not grant even were we so inclined. See In re Civil Penalty, 324 N.C. 373, 384, 379 S.E.2d 30, 37 (1989). Even in making this misplaced argument, defendant concedes that the United States Supreme Court case on which he bases his argument has approved stopping every vehicle as one acceptable way of limiting officer discretion. See Delaware v. Prouse, 440 U.S. 648, 663, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660, 674 (1979). Here, Trooper Carroll stopped every vehicle that approached the checkpoint.

Defendant having failed to argue that any particular conclusion of law is not supported by the findings, we could dismiss this portion of his appeal. However, even if we attempted to construct a proper appeal for defendant, each of the trial court’s conclusions of law is fully supported by the findings of fact.

The trial court’s order denying defendant’s motion to suppress contains the following conclusions of law:

1. That Trooper Carroll complied with the statutory requirements for conducting a license checkpoint.

2. That the primary programmatic purpose of the checkpoint was the enforcement of the State’s Motor Vehicle laws.

3. That the primary programmatic purpose of the license checkpoint was achieved systematically by stopping every vehicle and asking every driver for license and registration.

4. That the State has a “vital interest in ensuring that only those qualified to do so are permitted to operate motor vehicles, that these vehicles are fit for safe operation, and hence that licensing, registration, and vehicle inspection requirements are being observed.” 440 U.S. at 658, 99 S.Ct. 1391. City of Indianapolis v. Edmond, 531 U.S. 32, 39 [121 S.Ct. 447, 148 L.Ed.2d 333] (2000) (quoting Delaware v. Prouse, 440 U.S. 648 [99 S.Ct. 1391, 59 L.Ed.2d 660] (1979)).

5. That checkpoint stops are minimally intrusive, and are not subjective stops, like those arising from roving patrols, [and] checkpoints are viewed with less scrutiny than are roving patrols. State v. Mitchell, 358 N.C. 63, 66 [592 S.E.2d 543] (2004).

6. That the primary programmatic purpose of this license checkpoint was lawful.

7. That the license checkpoint was tailored to fit the primary programmatic purpose by having obtaining [sic] prior approval from a supervisor and by having selected a stretch of roadway where violations [of] motor vehicle law had been observed by the arresting officer and where arrests for Driving While Impaired had been made in the past.

8. That the license checkpoint did not place unreasonable interference with individual liberty or privacy by: notifying oncoming motorists of an approaching checkpoint; obtaining prior approval from a supervising officer; stopping every vehicle coming through the license checkpoint; making visible the signs of the officers’ authority.

9. That the stop and detention of the Defendant at the license checkpoint was not unreasonable and therefore valid under the Fourth Amendment of the United States Constitution.

10. That based on the totality of the circumstances Trooper Carroll lawfully obtained sufficient evidence to form a reasonable suspicion that the Defendant was committing the criminal offense of Driving While Impaired.

11. The parties have stipulated that this Order can be signed out of Term and out of Session.

Although not mentioned in his assignments of error, defendant argues in his brief that the checkpoint violated requirements of N.C. Gen.Stat. § 20-16.3A(a)(1) (2005) (since amended) because it lacked a “systematic plan” for stopping vehicles. However, finding of fact 3 states that the “checkpoint was organized pursuant to a predetermined plan[,]” and finding 10 states that “[t]he license check was conducted systematically, every vehicle was stopped, and every driver was asked to produce driver’s license and proof of registration.” These findings fully support conclusion 1, “[t]hat Trooper Carroll complied with the statutory requirements for conducting a license checkpoint.”

Conclusions of law 2, 6 and 7 concern the checkpoint’s programmatic purpose, which is the focus of defendant’s fourth argument and assignment of error. Defendant once again argues that Trooper Carroll gave conflicting testimony about his purpose in setting up the checkpoint and urges this Court to overrule the trial court’s resolution of same. This is not our role. See Chamberlain, 307 N.C. at 143, 297 S.E.2d at 548. Defendant fails to argue that these conclusions of law are unsupported by the trial court’s findings of fact. Defendant acknowledges that a checkpoint with a primary programmatic purpose of enforcing motor vehicle laws is permissible. In addition, findings 12, 14, 15 and 17, quoted supra, fully support the trial court’s conclusions that “the primary programmatic purpose of the checkpoint was the enforcement of the State’s Motor Vehicle laws” and that this purpose was lawful and the checkpoint was tailored to fit this purpose.

Nothing in defendant’s brief refers to or challenges conclusions of law 3, 4, 5, 10 or 11. We note that denominated conclusion 4 is simply a quotation from one of the primary cases upon which defendant relies and conclusion 5 is a statement of our State’s case law on checkpoint stops. Conclusion 10 holds that Trooper Carroll lawfully obtained sufficient evidence to create reasonable suspicion that defendant was driving while impaired. Conclusion 11 is a stipulation by the parties.

Conclusions 8 and 9 concern the reasonableness of the checkpoint, a determination made under Brown by weighing “the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty.” Brown, 443 U.S. at 51, 99 S.Ct. at 2640, 61 L.Ed.2d at 362. The court’s findings and other conclusions indicate that the trial court considered these factors, concluding that the State has a strong interest in enforcing motor vehicle laws (findings 2, 12, 14, 15, 16 and 17, and conclusion 4), that the checkpoint was tailored to meet this purpose (findings 4, 7, 10-12, and 14-17, and conclusion 7) and that the checkpoint constituted a minimal intrusion on drivers’ liberty (conclusion 5). Thus, conclusions 8 and 9 are fully supported. These assignments of error are overruled.

AFFIRMED.

BRYANT, Judge.

Judges WYNN and McGEE concur.