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MOORE v. HODGES

No. 946SC327.

449 S.E.2d 218 (1994)

116 N.C. App. 727

Ruby Mae MOORE, Petitioner/Appellee, v. Robert F. HODGES, Commissioner of Motor Vehicles of North Carolina, and the N.C. Division of Motor Vehicles, Respondent/Appellant.

Court of Appeals of North Carolina.

November 1, 1994.

Attorney(s) appearing for the Case

Overton, Jones and Carter, P.A. by Larry S. Overton and Bruce L. Daughtry, Ahoskie, for petitioner appellee.

Attorney General Michael F. Easley by Asst. Atty. Gen., Bryan E. Beatty, Raleigh, for respondent appellant.

COZORT, Judge.

Respondent Commissioner of Motor Vehicles appeals from an order reversing the one year revocation of petitioner's driving privileges based on petitioner's willful refusal to submit to a chemical analysis. Respondent contends the court erred by concluding: (1) that the charging officer did not have reasonable grounds to believe petitioner had committed the offense of driving while impaired; and (2) that petitioner...

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