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DISTRICT OF COLUMBIA v. ONLEY

No. 13880.

399 A.2d 84 (1979)

DISTRICT OF COLUMBIA, Appellant, v. Theodore ONLEY, Appellee.

District of Columbia Court of Appeals.

Decided March 8, 1979.

Attorney(s) appearing for the Case

David P. Sutton, Asst. Corporation Counsel, Washington, D. C., with whom Louis P. Robbins, Acting Corporation Counsel, and Richard W. Barton, Deputy Corporation Counsel, Washington, D. C., were on the brief, for appellant.

Thomas Abbenante, Washington, D. C., for appellee.

Before NEWMAN, Chief Judge, and GALLAGHER and NEBEKER, Associate Judges.

PER CURIAM:

The District of Columbia appeals an order in a drunk driving prosecution suppressing the results of two breathalyzer tests indicating the level of appellee's blood-alcohol. The trial court held that a person who was too drunk to give a voluntary consent was "otherwise in a condition rendering him incapable of refusal" within the terms of the District of Columbia Implied Consent Act, D.C.Code 1973, §§ 40-1001 to -1007, and that under the Act such...

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