DURLAND v. PETERS

No. 7818SC865.

255 S.E.2d 650 (1979)

Stephen Howard DURLAND, Petitioner, v. Elbert L. PETERS, Commissioner of Motor Vehicles, Respondent.

Court of Appeals of North Carolina.

June 19, 1979.


Attorney(s) appearing for the Case

Turner, Rollins, Rollins & Clark by Walter E. Clark, Jr., Greensboro, for petitioner-appellee.

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


HARRY C. MARTIN, Judge.

This civil action was instituted by petitioner pursuant to N.C.G.S. 20-16.2(e) to review de novo the question of whether petitioner had wilfully refused to take a breathalyzer test after being arrested on a charge of operating a motor vehicle while under the influence of intoxicating liquors.

After hearing the testimony of the witnesses, Judge Wood found as facts the following:

2. On the 3rd day of December, 1977, the...

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