SEDERS v. POWELL

No. 20.

259 S.E.2d 544 (1979)

298 N.C. 453

Donald A. SEDERS v. Edward L. POWELL, Commissioner of Division of Motor Vehicles.

Supreme Court of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Charles A. Lloyd, Greensboro, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray and Deputy Atty. Gen. William W. Melvin, Raleigh, for defendant-appellee.


CARLTON, Justice.

We are presented by plaintiff with three arguments on this appeal: (1) That the lower courts misconstrued G.S. 20-16.2(a)(4) to impose an absolute 30 minute time limit in which one charged with driving under the influence has an opportunity to consult with a lawyer, (2) That the evidence in the instant case does not support the trial court's finding that plaintiff willfully refused to submit to the breathalyzer test, and (3) That there is a constitutional...

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