State v. Tew , 326 N.C. 732 ( 1990 )

Justice WEBB

dissenting.

I dissent. N.C.G.S. § 20-139.1(b3)(2) says:

(2) That the test results may only be used to prove a person’s particular alcohol concentration if:

a. The pair of readings employed are from consecutively administered tests; and

b. The readings do not differ from each other by an alcohol concentration greater than 0.02.

In this case the readings differed from each other by an alcohol concentration greater than 0.02. The test results should not have been used. The elaborate reasoning of the majority is irrelevant. The plain meaning of the statute is clear and we should go no further in interpreting it. We may not like the result but it is not for us to change the statute.