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SCHRAM v. DISTRICT OF COLUMBIA

No. 83-1534.

485 A.2d 623 (1984)

Kate Mary SCHRAM, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided December 31, 1984.

Attorney(s) appearing for the Case

Stephen J. O'Brien, Washington, D.C., for appellant.

Karen J. Krueger, Asst. Corp. Counsel, Washington, D.C., with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, were on brief, for appellee.

Before MACK, NEWMAN and TERRY, Associate Judges.

PER CURIAM:

In this case, we must decide whether Schram, who was outside her car when the police officer arrested her after arriving at the scene of an accident in which she had been involved, was committing a misdemeanor in his presence within the meaning of D.C.Code § 23-581(a)(1)(B) (1981). If not, then we must decide whether the results of a breathalyzer test, taken pursuant to her arrest, should have been suppressed. We conclude that the arrest was unlawful...

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