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SMITH v. POWELL

No. 5.

238 S.E.2d 137 (1977)

293 N.C. 342

James W. SMITH v. Edward L. POWELL, Commissioner of Motor Vehicles of North Carolina.

Supreme Court of North Carolina.

October 11, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by William W. Melvin, Deputy Atty. Gen., and William B. Ray, Asst. Atty. Gen., for appellee.

Cherry & Wall by James J. Wall, Wilmington, for appellant.

LAKE, Justice.

G.S. 20-16.2 provides:

"(a) Any person who drives or operates a motor vehicle upon any highway or any public vehicular area shall be deemed to have given consent, subject to the provisions of G.S. 20-139.1, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested for any offense arising out of acts alleged to have been committed...

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