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STATE v. DELLINGER

No. 8427SC873.

327 S.E.2d 609 (1985)

STATE of North Carolina v. Darrell Samuel DELLINGER.

Court of Appeals of North Carolina.

April 2, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Harris, Bumgardner & Carpenter by R. Dennis Lorance and James R. Carpenter, Gastonia, for defendant-appellant.

EAGLES, Judge.

I

This appeal presents an issue of first impression: whether a horse is a vehicle for the purpose of charging a violation of G.S. 20-138.1? We hold that it is.

G.S. 20-138.1 provides in pertinent part:

A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state... [w]hile under the influence of any impairing substance; or ......

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