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STATE v. PEARSON

No. COA98-23.

507 S.E.2d 301 (1998)

STATE of North Carolina v. Frankie Shelton PEARSON, Jr., Defendant.

Court of Appeals of North Carolina.

November 3, 1998.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Jonathan P. Babb, for the State.

Hux, Livermon & Armstrong, L.L.P. by James S. Livermon, Jr., Enfield, for defendant.

SMITH, Judge.

Defendant was arrested for driving while impaired (DWI), in violation of N.C.Gen.Stat. § 20-138.1 (1993), on 9 October 1995. On 3 October 1997, defendant filed a Motion to Suppress breathalyzer results obtained after his arrest. The Halifax County Superior Court entered an order allowing the Motion to Suppress on 9 October 1997. The State appeals. We reverse the decision of the trial court and remand for trial.

Defendant was arrested in...

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