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STATE v. SUMMERS

No. COA98-383.

513 S.E.2d 575 (1999)

STATE of North Carolina v. Allen T. SUMMERS, Jr., Defendant.

Court of Appeals of North Carolina.

April 6, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Isaac T. Avery, III, for the State.

James D. Williams, Jr., Durham, for defendant-appellant.

HUNTER, Judge.

Defendant appeals from a conviction of driving while subject to an impairing substance (DWI) in violation of N.C. Gen.Stat. § 20-138.1 (1993).

The State's evidence shows that defendant was operating his vehicle on 23 March 1996 at approximately 10:55 p.m. in Durham, North Carolina. Trooper Tony Gibson of the North Carolina State Highway Patrol stopped defendant after he was observed overtaking and passing a vehicle while crossing a double...

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