that led Ms. Shumaker to panic and fear for her life; (3) defendant’s blood alcohol level of .16, twice the legal limit; (4) defendant’s consumption of an illegal controlled substance that he knew was impairing; (5) defendant’s swerving off the road three times prior to the collision, giving defendant notice that his driving was dangerous; (6) despite the swerving, defendant’s failure to watch the road because he was making a phone call immediately before the collision; (7) defendant’s failure to brake before or after the collision; and (8) defendant’s failure to call 911 and attempt to provide aid to the victims. Our courts have found comparable evidence of malice sufficient to defeat a motion to dismiss. See, e.g., State v. Davis, 197 N.C. App. 738, 743, 678 S.E.2d 385, 389 (2009) (<HOLDING>), aff’d in part, rev’d in part on other
holding evidence of malice sufficient for trial court to properly deny motion to dismiss in second degree murder case stemming from crash caused by impaired driving where evidence showed defendant had a 13 bac ran over a sign and continued driving and at that point should have known that he was a danger to the safety of others continued driving and weaving side to side eventually ran off road and without braking or otherwise attempting to avoid collision hit another truck holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case holding that there was sufficient evidence of innocent intent where both the states and defendants evidence showed that the defendant was coerced at knifepoint to enter holding danger was so open and obvious to plaintiff that as a matter of law he knew or should have known of danger