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<br />132-1.1 CH. 132. PUB1.lC RECt)RUS O ~ ~ ~ 132-1.1
<br />when a person refuses to take a chemical
<br />test to determine alcoholic content of the
<br />blood is not a public record and subject
<br />to inspection. See opinion oC Attorney
<br />General to Barbara Smith, Assistant
<br />Secretary. Department of Crime Control
<br />and Public Safety, 48 N.C.A.G. 63
<br />(1978).
<br />The copy of HP-332A (rights of person
<br />requested to take chemical test to deter-
<br />mine alcoholic content of blood), main-
<br />tained by arresting officer is not a public
<br />record and subject to inspection. See
<br />opinion of Attorney General to Barbara
<br />Smith, Assistant Secretary, Department
<br />of Crime Control and Public Safety, 48
<br />N.C.A.G. 63 (1978).
<br />The copy of the alcohol influence re-
<br />port (HP-327) which is maintained by
<br />the arresting officer and the copy of
<br />which is maintained at troop headquar-
<br />ters is not a public record and subject to
<br />inspection. See opinion of Attorney Gen-
<br />eral to Barbara Smith, Assistant Secre-
<br />tary, Department of Crime Control and
<br />Public Safety, 48 N.C.A.G. 63 (1978).
<br />The departmental copy of the N.C. un-
<br />iform traffic ticket and complaint, which
<br />is submitted by a highway patrolman to
<br />the district first sergeant who transmits
<br />it to the Traffic Record Section of the
<br />Division of Motor Vehicles, is not a pub-
<br />lic rernrd and subject to inspection dur-
<br />ing the time it is maintained at the pa-
<br />troldistrict headquarters. See opinion of
<br />Attorney General to Barbara Smith, As-~
<br />sistant Secretary, Department of Crime
<br />Control and Public Safety, 48 N.C.A.G.
<br />63 (19781.
<br />The enforcement division copy of the
<br />N.C. uniform trntlic ticket and cu:n•
<br />plaint, ~chich is maintained by the offi-
<br />cer issuing the complaint and includr=
<br />his notes and other evidence, i~ not a
<br />public record and subject to inspection
<br />prior to trial of the offense charged in
<br />the complaint. See opinion oC Attorney
<br />General to Barbara Smith, Assistant
<br />Secretary, Department of Crime Control
<br />and Public Safely, 48 N.C.A.G. 63
<br />(1978).
<br />The enforcement division copy of the
<br />N.C. uniform traffic ticket and com-
<br />pl~int is not a public record and subject
<br />to ins~tion in the patrol district head-
<br />quart rs after the trial oC the offense
<br />charged in the complaint. See opinion of
<br />Attorney General to Barbara Smith, As-
<br />sistant Secretary, Department of Crime
<br />Control and Public Safety, 48 N.C.A.G.
<br />63 (1978).
<br />The chemical test operator's log
<br />(DHS-2069) is not a public record and
<br />subject to inspection while in the posses-
<br />sion of the chemical test operator. See
<br />opinion of Attorney General to Barbara
<br />Smith, Assistant Secretary, Department
<br />. of Crime Control and Public Safety, 48
<br />N.C.A.G. 63 (1978).
<br />The breathalyzer operational check-
<br />list (DHS-2012) which is completed and
<br />maintained by the breathalyzer operator
<br />is not a public record and subject to in-
<br />spection. See opinion of Attorney Gen-
<br />era! to Barbara Smith, Assistant Secre-
<br />tary, Department of Crime Control and
<br />Public Safety, 48 N.C.A.G. 63 (19781.
<br />§ 132-1.1. Confidential communications by legal
<br />counsel to public .board or agency; not
<br />public records.
<br />Public records, as defined in G.S. 132-1, shall not include written
<br />communications (and copies thereof') to any public board, council,
<br />commission or other governmental body of the State or of any
<br />county, municipality or other political subdivision or unit of gov-
<br />ernment, made within the scope of the attorney-client relationship
<br />by any attorney-at-law serving any such governmental body, con-
<br />cerning any claim against or on behalf of the governmental body or
<br />the governmental entity for which such body acts, or concerning the
<br />prosecution, defense, settlement or litigation of any judicial action,
<br />or any administrative or other type of proceeding to which the gov-
<br />ernmental body is a party or by which it is or may be directly
<br />affected. Such written communication and copies thereof shall not
<br />be open to public inspection, examination or copying unless specifi-
<br />cally made public by the governmental body receiving such written
<br />communications; provided, however, that such written communica-
<br />
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