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BROWER v. KILLENS

No. COA95-1015.

472 S.E.2d 33 (1996)

122 N.C. App. 685

Stephen Moore BROWER, Petitioner-Appellee, v. Alexander KILLENS, Commissioner, North Carolina Division of Motor Vehicles, Respondent-Appellant.

Court of Appeals of North Carolina.

June 18, 1996.

Attorney(s) appearing for the Case

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

Smith, Follin & James, L.L.P. by Seth R. Cohen, and Charles A. Lloyd, Greensboro, for petitioner-appellee.

MARK D. MARTIN, Judge.

Respondent Alexander Killens1, Commissioner of the North Carolina Division of Motor Vehicles (DMV), appeals from order of the trial court finding DMV was collaterally estopped from litigating the existence of probable cause to arrest petitioner Stephen Brower (Brower).

On 10 February 1994 Brower was stopped by Trooper R.D. Mendenhall while traveling on Interstate 40 in Guilford County and subsequently arrested...

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