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STATE v. BUMGARNER

No. 8926SC788.

389 S.E.2d 425 (1990)

97 N.C. App. 567

STATE of North Carolina v. Larry Blake BUMGARNER, Defendant.

Court of Appeals of North Carolina.

March 20, 1990.

Attorney(s) appearing for the Case

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

Rankin, Merryman, Dickinson, Rawls & Ledford by Eben T. Rawls, III and Joseph L. Ledford, Charlotte, for appellant.

ARNOLD, Judge.

Defendant contends that the charge against him must be dismissed based upon a flagrant violation of his rights to assistance in obtaining additional chemical analysis pursuant to the provisions of N.C.Gen. Stat. § 20-139.1(d) and the due process clause of the fourteenth amendment of the United States Constitution since no officer transported him to a hospital for the purpose of having a blood sample withdrawn. He also asserts a violation of his...

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