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HELMS v. POWELL

No. 7620SC652.

231 S.E.2d 912 (1977)

Hugh Roger HELMS v. Edward L. POWELL, Commissioner of Motor Vehicles, Division of Motor Vehicles, of the North Carolina Department of Transportation and Highway Safety.

Court of Appeals of North Carolina.

February 2, 1977.

Attorney(s) appearing for the Case

Chandler & Burris by Gerald R. Chandler, Albemarle, for petitioner-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray and Deputy Atty. Gen. William W. Melvin, Raleigh, for respondent-appellee.

BRITT, Judge.

Did the trial court err in concluding that petitioner is not eligible for a limited driving privilege? We answer in the negative.

G.S. 20-138 provides that:

"(a) It is unlawful and punishable as provided in G.S. 20-179 for any person who is under the influence of intoxicating liquor to drive or operate any vehicle upon any highway or any public vehicular area within this State. "(b) It is unlawful for any person to operate...

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