claimed the witnesses at trial were ganging up on him, he also admitted that he ran off the road once prior to hitting the victims, that he had been awake for 24 hours prior to attempting to drive home, and that he felt “extremely tired and sleepy” while driving. Given this evidence, we cannot conclude that there was any reasonable possibility that the jury would have reached a different verdict if Ms. Shumaker’s testimony about defendant’s habitual drinking while driving had been excluded. In sum, we conclude that evidence of defendant’s impaired driving on 6 February 2011 was admissible to show malice under Rule 404(b), and the court did not abuse its discretion under Rule 403 in admitting that evidence. The admission of the remaining evidence, even if erron 7, 711 S.E.2d 849, 859 (<HOLDING>), disc, review denied, 365 N.C. 360, 718 S.E.2d
holding state presented substantial evidence of malice for second degree murder charge resulting from impaired driving collision when defendant had four prior dwi convictions defendants blood alcohol level was 08 defendant admitted speeding defendant was impaired on alcohol and cocaine and state presented expert testimony as to correlation between effects of cocaine and highrisk driving holding state presented substantial evidence of malice in second degree murder case resulting from impaired driving based in part on evidence that defendant was driving without looking at the road in order to pick up a fit cigarette he had dropped when defendants truck literally flew across the intersection holding that blood alcohol content almost 30 over the limit together with testimony of intoxication at the time of driving was sufficient to convict contrasting a case in which the blood alcohol content was just barely over the limit which was insufficient to convict holding trial court properly denied motion to dismiss for insufficient evidence of malice in second degree murder case resulting from impaired driving based in part on evidence that defendant drove his pickup truck erratically swerved off the road and struck the victims bicycle while he was traveling at a speed of approximately 35 to 40 miles per hour holding that prior convictions for possession of cocaine and marijuana are admissible to impeach defendant