SEDERS v. POWELL

No. 7818SC228.

250 S.E.2d 690 (1979)

39 N.C. App. 491

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

Court of Appeals of North Carolina.

January 16, 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 the State.


HEDRICK, Judge.

By assignment of error number one, plaintiff contends that the evidence is insufficient to support the trial court's finding that the plaintiff willfully refused to submit to the breathalyzer test. Plaintiff argues that his refusal to take the test cannot be considered willful because it resulted not from any intentional act on his part but rather as a result of his accidentally allowing the thirty minute...

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