In State v. Ray, 54 N.C. App. 473, 475, 283 S.E.2d 823, 825 (1981), the Court found insufficient evidence to support a charge for driving while impaired where the only evidence offered by the State to show defendant was driving was that defendant was sitting "approximately halfway in the front seat, between the driver and passenger area in the front seat." The officer responded to an accident call and observed the defendant seated in a car which had hit two parked cars. Id., 54 N.C. App. at 474, 283 S.E.2d at 824. The officer noticed defendant smelled of alcohol and had a gash above his nose. Id. No other circumstantial evidence was presented to suggest that defendant had been driving. Id., 54 N.C. App. at 475, 283 S.E.2d at 825. The Court was unable to support a conclusion that defendant was the driver without more circumstantial or direct evidence. Id. There was no evidence the car had been operated recently, nor evidence that the motor was running. Having no other evidence, circumstantial or otherwise, that defendant had been driving, the Court was unable to support a conclusion that defendant was the driver. Id. at 475, 283 S.E.2d at 825.