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STATE v. TURNER

No. 94-771.

451 S.E.2d 19 (1994)

STATE of North Carolina v. Walter Bobby TURNER, Jr.

Court of Appeals of North Carolina.

December 20, 1994.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Joseph P. Dugdale, Raleigh, for the State.

Harkey, Lambeth, Nystrom & Fiorella by Edward A. Fiorella, Jr., Charlotte, for defendant appellant.

ARNOLD, Chief Judge.

It is a misdemeanor to drive a vehicle upon "any highway, any street, or any public vehicular area within this State" while under the influence of an impairing substance, or, prior to 1 October 1993, at any relevant time after driving with an alcohol concentration of 0.10 (now 0.08). N.C.Gen.Stat. § 20-138.1(a) and (d) (1993). Defendant contends that he should have never been arrested or convicted of the offense because he never drove on...

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