PRICE v. N. C. DEPT. OF MOTOR VEHICLES

No. 7726SC295.

245 S.E.2d 518 (1978)

36 N.C. App. 698

Francis Edward PRICE, Jr. v. NORTH CAROLINA DEPARTMENT OF MOTOR VEHICLES.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Deputy Atty. Gen. Jean A. Benoy, Raleigh, for the respondent-appellee.

Ruff, Bond, Cobb, Wade & McNair, by James O. Cobb, Charlotte, for the petitioner-appellant.


MORRIS, Judge.

In his brief petitioner raises the question of whether the refusal to submit to a breathalyzer test until one's attorney arrives in person at the site of the test when that refusal delays the test more than 30 minutes amounts to a "willful refusal" under G.S. 20-16.2. Obviously, if one has either a statutory or a constitutional right to await the arrival in person of the attorney, then the facts of this case would not constitute a "willful refusal"...

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