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CHESNUTT v. PETERS

No. 7910SC290.

261 S.E.2d 223 (1980)

44 N.C. App. 484

Ronnie Gene CHESNUTT, Petitioner, v. Elbert L. PETERS, Jr., Commissioner of North Carolina Division of Motor Vehicles, Respondent.

Court of Appeals of North Carolina.

January 8, 1980.

Attorney(s) appearing for the Case

A. Maxwell Ruppe, Fayetteville, for petitioner appellee.

Atty. Gen. Rufus L. Edmisten, by Deputy Atty. Gen. William W. Melvin, Asst. Attys. Gen. Mary I. Murrill and William B. Ray, Raleigh, for respondent appellant.

HARRY C. MARTIN, Judge.

The pertinent portions of the statute governing this proceeding are:

(e) The Division shall not issue an operator's or chauffeur's license to any person when in the opinion of the Division such person is afflicted with or suffering from such physical or mental disability or disease as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways, ....

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