STATE v. SUMMERS

No. 195PA99.

528 S.E.2d 17 (2000)

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

Supreme Court of North Carolina.

May 5, 2000.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General, by Isaac T. Avery, III, Special Deputy Attorney General, for the State-appellant.

The Law Offices of James D. Williams, Jr., P.A., by James D. Williams, Jr., Durham, for defendant-appellee.


LAKE, Justice.

Defendant was stopped on 23 March 1996 for passing another vehicle in a no-passing zone and was subsequently arrested for driving while impaired (DWI) in violation of N.C.G.S. § 20-138.1. He was taken to the magistrate's office, where the charging officer recorded that defendant willfully refused to submit to an Intoxilyzer breath-alcohol test. Defendant's refusal was reported to the Division of Motor Vehicles (DMV), which notified defendant that...

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