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EIBERGEN v. KILLENS

No. COA95-1326.

477 S.E.2d 684 (1996)

Robert Dennis EIBERGEN, Petitioner-Appellee v. Alexander KILLENS, Commissioner, North Carolina Division of Motor Vehicles, Respondent-Appellant.

Court of Appeals of North Carolina.

November 19, 1996.

Attorney(s) appearing for the Case

Roberson, Richardson & Deal by James K. Roberson, Graham, for petitioner-appellee.

Attorney General Michael F. Easley by Associate Attorney General Sondra C. Panico, for respondent-appellant.

WALKER, Judge.

On 25 May 1994, at 10:30 p.m., petitioner was stopped in Orange County and charged with driving while impaired. Petitioner thereafter submitted to a chemical analysis of his breath which established that he had a.15 percent blood alcohol content. Petitioner then appeared before an Orange County magistrate, who issued a "Revocation Order When Person Present," revoking petitioner's driver's license for ten days. The magistrate ordered that petitioner...

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