STATE v. JONES

No. 9115SC562.

415 S.E.2d 774 (1992)

106 N.C. App. 214

STATE of North Carolina v. Charles Clifton JONES.

Court of Appeals of North Carolina.

May 5, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Joseph P. Dugdale, Raleigh, for the State.

Coleman, Bernholz, Bernholz, Gledhill, Hargrave & Herman by John D. Loftin, Hillsborough, for defendant-appellant.


ORR, Judge.

The question on appeal is whether the trial court erred by denying defendant's motion to suppress the breathalyzer results. Defendant asserts that failure to take and to preserve an additional breath sample for independent testing by defendant or to produce the control and test ampules for defendant's examination violates state and federal due process.

The United States Supreme Court has held that the Due Process Clause of the Fourteenth Amendment...

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