EAGLES, Judge.
I
Defendant first assigns as error the trial court's failure to instruct the jury that a breathalyzer result of less than 0.10 creates a presumption that the person is not under the influence of alcohol and that G.S. 20-138.1 is a "two fold statute."
Appellant's failure to comply with Rule 10(b)(2), Rules of Appellate Procedure precludes our review of this assignment of error. Rule 10(b)(2) provides:
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