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BYRD v. WILKINS

No. 8318SC903.

317 S.E.2d 108 (1984)

John A. BYRD v. R.W. WILKINS, Jr., Commissioner of Motor Vehicles of North Carolina.

Court of Appeals of North Carolina.

July 3, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jane P. Gray, Raleigh, for respondent-appellant.

Musselwhite, Musselwhite & McIntyre by W. Edward Musselwhite, Jr., Lumberton, for petitioner-appellee.

WHICHARD, Judge.

Neither party has excepted to the following finding of fact, which evidence admitted without objection supports:

4. That Petitioner was offered a breathalyzer test at the law enforcement center and was told, inter alia, that he would be observed for twenty minutes before the test would be administered and that during such time he must put nothing in his mouth; that he took out a cigaret [sic] and was told by the officer that since he must...

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