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HARPER v. PETERS

No. 788SC891.

255 S.E.2d 791 (1979)

Charles Jackson HARPER v. Elbert L. PETERS, Jr., Commissioner of North Carolina Division of Motor Vehicles.

Court of Appeals of North Carolina.

June 19, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Mary I. Murrill, Raleigh, for the State appellant.

Barnes, Braswell & Haithcock by Michael A. Ellis, Goldsboro, for petitioner-appellee.

ERWIN, Judge.

This case on appeal presents one question for our determination:

"Did the trial court err in concluding that the arresting officer did not have reasonable grounds to believe that the petitioner had been operating a motor vehicle upon the public highways while under the influence of intoxicating liquor and that, as a result thereof, the order of the respondent complained of is not justified in fact and in law?"

We answer, "Yes," and...

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