STATE v. DRDAK

No. 9021SC384.

400 S.E.2d 773 (1991)

101 N.C. App. 659

STATE of North Carolina v. Robert Joseph DRDAK.

Court of Appeals of North Carolina.

February 19, 1991.


Attorney(s) appearing for the Case

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

D. Blake Yokley and Donald K. Tisdale, Winston-Salem, for defendant-appellant.


ORR, Judge.

The dispositive issue on appeal is whether the trial court erred in denying defendant's motions to suppress the admission into evidence of defendant's medical records including the results of a blood alcohol test on the ground that the test was not in accordance with the provisions of N.C.Gen.Stat. §§ 20-16.2 and 20-139.1. For the following reasons, we hold that the trial court erred and reverse the judgment of 15 November 1989.

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