concurring in part and dissenting in part.
I concur in the result of the majority opinion as to the charge of possession of cocaine, but must respectfully dissent as to the charges of felony fleeing to elude arrest and possession of marijuana.
L Supplemental Facts
The events relevant to these charges took place on the morning of 1 February 2009. It was a cold night. Officer Lee did not see the driver of the “bluish” mini-van during the initial chase through Lenoir. *261The initial chase lasted roughly 10 minutes. Officer Lee lost sight of the mini-van when he had to slow his vehicle to avoid a car that narrowly missed colliding with the mini-van. Officer Lee advised communications that he lost sight of the bluish mini-van; that the first letter of the tag was “W;” and that the vehicle might have gone to North Main Street or to U.S. Highway 321. Officer Lee headed for North Main Street, knowing that Officer Love was on U.S. Highway 321. Sergeant Penley was also on U.S. Highway 321, and spotted the mini-van at the intersection with Pennton Avenue. Sergeant Penley activated his blue lights, and turned around to follow the mini-van. The mini-van was headed south on U.S. Highway 321, and made an abrupt left turn across three to four lanes of travel into the Wendy’s parking lot, where it crashed into a light pole.
Defendant.immediately bolted from the mini-van. He was subsequently found hiding in the bushes at Shoney’s. He was apprehended as he ran toward Bank of America by Sergeant Penley, Officer Curley, and Sergeant Branham of the Caldwell County Sheriffs Department. Officer Lee arrived at the parking lot “no more than 10 or 15 minutes” after he lost sight of the mini-van. Prior to the apprehension of defendant, Sergeant Penley secured the Wendy’s parking lot. There were no other vehicles or persons in the parking lot while the arrest and search of the area took place. The passenger window of the mini-van was rolled down. A bag of marijuana was found five to ten feet from the passenger side of the mini-van near the “corral” for the Wendy’s dumpster. A “blunt wrapper” associated with smoking marijuana was found inside the mini-van. Officer Love found about $800 in or beside the wallet containing defendant’s identification card. A bag containing rocks of crack cocaine was found less than a car length away from the mini-van.
At the conclusion of the State’s evidence, the trial court dismissed the charges of possession with intent to sell and deliver both cocaine and marijuana. These charges were submitted to the jury as possession of cocaine and possession of marijuana.
IL Felony Fleeing to Elude Arrest
I disagree with the majority that there was insufficient evidence to submit the charge of fleeing to elude arrest to the jury.
“In considering a motion to dismiss, the trial court must analyze the evidence in the light most favorable to the State and give the State the benefit of every reasonable inference from the evidence.” State v. *262Robinson, 355 N.C. 320, 336, 561 S.E.2d 245, 256 (2002). “The trial court must also resolve any contradictions in the evidence in the State’s favor.” Id.
On direct examination, Officer Lee testified regarding the minivan which crashed in the. parking lot.
Q: Did you recognize that to be the van that you had seen earlier and pursued earlier in the evening?
MR. CLONTZ (Defense Counsel): Objection.
THE COURT: Overruled.
Q: You may—
A: Yes, I do.
I note that the overruling of this objection is not argued on appeal. Any argument concerning this ruling has thus been abandoned. N.C. R. App. P. 28(b)(6). This testimony constitutes direct evidence that the mini-van pursued by Officer Lee was the same minivan that crashed in the parking lot. The tag of the mini-van that crashed began with a “W.” This is circumstantial evidence that this was the same mini-van that Officer Lee pursued.
In State v. Steelman, 62 N.C. App. 311, 302 S.E.2d 637 (1983), the officer lost sight of a vehicle when it turned onto a logging road. A highway patrolman spotted the vehicle on a road which was near where the logging road ended, and observed the vehicle crash in a garden. “[S]ome five to ten minutes” after he lost sight of the vehicle, the officer arrived at the scene. Steelman, 62 N.C. App. 312, 302 S.E.2d at 638. The defendant argued that the driver could have switched positions with the passenger, or that “some unknown third person” could have been driving. Steelman, 62 N.C. App. at 313, 302 S.E.2d at 638.
“For circumstantial evidence to be sufficient to overcome a motion to dismiss, it need not, however, point unerringly toward the defendant’s guilt so as to exclude all other reasonable hypotheses.” Steelman, 62 N.C. App. at 313, 302 S.E.2d at 638. “The evidence is sufficient to go to the jury if it gives rise to a reasonable inference of defendant’s guilt.” Steelman, 62 N.C. App. at 313, 302 S.E.2d at 638-39 (internal quotation marks omitted). Acknowledging that “there are numerous possibilities as to what might have happened on the logging road that night[,]” the Court rejected the defendant’s argument. Id.
*263The majority distinguishes Steelman because Officer Lee was unable to identify the driver of the mini-van that fled from him. The majority argues that there was no direct evidence of the identity of the driver of the mini-van that fled from Officer Lee. However, direct evidence is not required to survive a motion to dismiss; circumstantial evidence is sufficient “if it gives rise to a reasonable inference of defendant’s guilt.” Steelman, 62 N.C. App. at 313, 302 S.E.2d at 638-39.
In the instant case, both direct and circumstantial evidence give rise to a reasonable inference that defendant drove the mini-van that fled from Officer Lee. The mini-van was found in an area toward which it was observed fleeing by Officer Lee. When he lost sight of the mini-van, Officer Lee advised communications that the mini-van may have gone to U.S. Highway 321 or to North Main Street. Sergeant Penley “spotted a vehicle matching a similar description on [U.S.] 321 [. ] ” Then, as Sergeant Penley approached, he saw the wreck. He observed a “black male with a plaidish-type shirt on” jump out of the mini-van and scale the wall between the parking lots of Shoney’s and Wendy’s. Sergeant Penley found a hat beside the mini-van that he had observed defendant wearing on the previous night. There was no evidence of an additional person being present in the mini-van. Officer Lee arrived at the parking lot “no more than 10 or 15 minutes” after he lost sight of the mini-van that fled from him.
As discussed above, Officer Lee’s testimony that he recognized the mini-van that crashed in the parking lot as the mini-van that fled from him is direct evidence that it was the same mini-van. This was strengthened by the first letter of the mini-van’s tag being a “W.” Further, only 10-15 minutes elapsed from when Officer Lee last saw the mini-van until he arrived at the Wendy’s parking lot. Since Officer Lee drove down North Main Street rather than proceeding directly to U.S. Highway 321, only a short period of time elapsed from when Officer Lee lost the mini-van until it was sighted by Sergeant Penley. This gives rise to a reasonable inference that the same person was operating the mini-van on both occasions. .
The majority relies upon evidence that conflicts with Officer Lee’s testimony. Weighing conflicting testimony is a task for the jury, not the trial court. “When considering a motion to dismiss for insufficiency of evidence, the court is concerned only with the legal sufficiency of the evidence to support a verdict, not its weight, which is a matter for the jury.” State v. Blake, 319 N.C. 599, 604, 356 S.E.2d 352, 355 (1987). “Contradictions and discrepancies do not warrant *264dismissal of the are for the jury to resolve.” State v. Montgomery, 341 N.C. 553, 561, 461 S.E.2d 732, 736 (1995).
The majority also cites an unpublished opinion, State v. Peguse, 173 N.C. App. 642, 619 S.E.2d 594, 2005 N.C. App. LEXIS 2086 (2005). In Peguse, the Court held that there was insufficient evidence of the driver’s identity as the perpetrator where there was a gap of several hours and an apparent robbery between when a witness saw the defendants and when they fled from law enforcement. Peguse is neither binding nor persuasive authority. There is a major difference between a time lapse of several hours in Peguse and several minutes in the instant case.
Applying the correct standard of review, I would hold that the evidence gave rise to a reasonable inference that defendant was the operator of the mini-van that fled from Officer Lee, and was sufficient to warrant the submission of the charge of felony fleeing to elude arrest to the jury.
III. Possession of Cocaine
The State offered testimony concerning the bag of cocaine found in the parking lot. Officer Lee testified that the bag was found “less than a car length away,” “at an angle where the vehicle had curved and hit the pole.” There was no other evidence offered as to where in relationship to the mini-van, or to the defendant’s flight route, the cocaine was found. I agree with the majority that this evidence was insufficient to submit the charge of possession of cocaine to the jury.
IV. Possession of Marijuana
I disagree with the majority that there was insufficient evidence to submit the charge of possession of marijuana to the jury. The evidence presented to the jury as to the possession of marijuana was different, and more detailed than the possession of cocaine. The marijuana was not found on the person of defendant, and the State had to prove its case based upon constructive possession, showing incriminating circumstances. See State v. Brown, 310 N.C. 563, 568-69, 313 S.E.2d 585, 588-89 (1984).
Our Supreme Court has noted that constructive possession cases “have tended to turn on the specific facts presented.” State v. Miller, 363 N.C. 96, 99, 678 S.E.2d 592, 594 (2009). The Courts have considered a variety of factors to determine whether sufficient incriminating circumstances exist to support a constructive possession. In State *265v. Neal, 109 N.C. App. 684, 428 S.E.2d 287 (1993), the Court held evidence of constructive possession to be sufficient where the defendant was observed fleeing from the area where cocaine was found. In Neal, the Court held evidence sufficient for constructive possession where another defendant stood in the room where the cocaine was later found and “[m]oments later” was found in another room with approximately $860. Neal, 109 N.C. App. at 688, 428 S.E.2d at 290.
In the instant case, the most detailed evidence concerning the marijuana came from Officer Taft Love. Officer Love testified that the marijuana was found on the passenger side of the mini-van near a corral where the Wendy’s dumpster was located. While Officer Lee testified that the bag containing the marijuana was 3 to 4 feet from the mini-van, Officer Love testified that it was “a car length, give or take a few feet.” Officer Love was examined extensively about the condition of the clear, plastic bag, which he testified had not been run over, was not dirty, was not torn, and was not worn in any way. This testimony raises an inference that the bag had been in the parking lot only for a short period of time.
Next, Officer Love testified that the passenger side window was down, which he found to be unusual given that it was “very cold” that night. He then testified that the marijuana was “on the passenger’s side window side on the ground,” and that “it would have been somewhere between five or ten feel [sic] away from where the van was shortly before it struck the pole.” Officer Love found a “blunt wrapper” in the mini-van, under defendant’s wallet. He testified over objection that this was “often associated smoking marijuana.” This objection was not argued on appeal. Officer Love also found about $800 in or beside the wallet containing defendant’s identification card.
I would hold that this evidence provided a reasonable inference that defendant panicked when Sergeant Penley activated his blue lights on U.S. Highway 321; and that defendant executed an abrupt left turn across three to four lanes of travel into the Wendy’s parking lot. As defendant executed this maneuver, he was rolling down the window, and throwing the marijuana out the passenger-side window. As a result of attempting to do all of these things at once, he crashed the mini-van into the pole. The defendant’s flight, the location of the marijuana, the condition of the bag, the blunt wrapper in the minivan, and the money in the mini-van are sufficient “incriminating circumstances” to warrant the submission of the possession of marijuana charge to the jury.