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CROW v. STATE OF N.C.

No. C-C-83-0809-P.

575 F.Supp. 893 (1983)

Laurence Wilson CROW, Plaintiff, v. STATE OF NORTH CAROLINA, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

October 14, 1983.

Attorney(s) appearing for the Case

Peter H. Gerns, Charlotte, N.C., for plaintiff.

Rufus L. Edmisten, Atty. Gen., Isaac T. Avery, III, Sp. Deputy Atty. Gen., David Roy Blackwell, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for defendant.

MEMORANDUM AND ORDER

POTTER, District Judge.

On October 1, 1983 the Plaintiff was arrested for driving under the influence of alcohol in Mecklenburg County, North Carolina. Pursuant to N.C.G.S. § 20-16.5, the arresting officer and chemical analyst filed affidavits with the magistrate at the initial hearing held that day. The Plaintiff's alcohol concentration was 0.18.

During the initial hearing the magistrate determined whether there is probable...

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