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PAPPAS v. N. C. DEPT. OF MOTOR VEHICLES

No. 7826SC665.

256 S.E.2d 829 (1979)

42 N.C. App. 497

Chris John PAPPAS, Petitioner, v. NORTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, Respondent.

Court of Appeals of North Carolina.

July 31, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. Jean A. Benoy, Raleigh, for respondent-appellant North Carolina Department of Motor Vehicles.

No counsel for petitioner-appellee.

WEBB, Judge.

We reverse the superior court for the reason we believe the court was governed by a misapprehension of the law. We infer from the statement of the court that it believed that a breathalyzer test has to be administered within thirty minutes of the time a person is advised of his rights in regard to taking the test. The court found as a fact that petitioner was not offered the test until after the time for administering it had expired. G.S. 20-16.2 provides...

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