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ETHERIDGE v. PETERS

No. 793SC580.

263 S.E.2d 308 (1980)

Gary D. ETHERIDGE, Petitioner, v. Elbert L. PETERS, Jr., Commissioner, Division of Motor Vehicles, Respondent.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Beaman, Kellum, Mills & Kafer by David P. Voerman, New Bern, for petitioner-appellee.

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

HEDRICK, Judge.

G.S. § 20-16.2 in pertinent part provides:

Mandatory revocation of license in event of refusal to submit to chemical tests; right of driver to request test.—(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, . . . to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested...

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