STATE v. TEW

No. 888SC1324.

383 S.E.2d 400 (1989)

STATE of North Carolina v. Charlie TEW.

Court of Appeals of North Carolina.

September 19, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for State.

Barnes, Braswell, Haithcock & Warren by R. Gene Braswell and Glenn A. Barfield, Goldsboro, for defendant-appellant.


ARNOLD, Judge.

The procedures governing the admissibility and performance of a breath test are contained in N.C.G.S. § 20-139.1. The relevant portion of this statute provides:

(b) ... A chemical analysis, to be valid, must be performed in accordance with the provisions of this section. The chemical analysis must be performed according to methods approved by the Commission for Health Services by an individual possessing a current permit issued by the...

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