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STEINKRAUSE v. TATUM

No. COA08-1080.

689 S.E.2d 379 (2009)

Karen STEINKRAUSE, Petitioner, v. George TATUM, Commissioner, North Carolina Division of Motor Vehicles, Respondent.

Court of Appeals of North Carolina.

December 8, 2009.

Attorney(s) appearing for the Case

George B. Currin, Raleigh, for petitioner-appellant.

Attorney General Roy Cooper, by Assistant Attorney General Jess D. Mekeel, for respondent-appellee.

WYNN, Judge.

Petitioner Karen Steinkrause1 was arrested for driving while impaired (DWI) on 23 September 2006 based on evidence surrounding a severe one-car accident, including an officer's observation that she smelled of alcohol. Petitioner blew several times into the Intoxilyzer machine, but did not provide a sufficient breath sample; she claimed that injuries sustained during the accident made it too painful. We now affirm the trial...

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