ETHERIDGE v. PETERS

No. 117.

269 S.E.2d 133 (1980)

301 N.C. 44

Gary D. ETHERIDGE, Petitioner, v. Elbert L. PETERS, Jr., Commissioner, Division of Motor Vehicles, Respondent.

Supreme Court of North Carolina.

August 15, 1980.


Attorney(s) appearing for the Case

Beaman, Kellum, Mills, Kafer & Stallings, P. A., by David P. Voerman and William H. Hollows, New Bern, for petitioner-appellant.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Jane P. Gray and Deputy Atty. Gen. William W. Melvin, Raleigh, for respondent-appellee.


EXUM, Justice.

The question presented for review is whether the evidence in the instant case supports the trial court's conclusion that petitioner did not willfully refuse to submit to a breathalyzer test. We hold that it does not.

Petitioner was arrested in Craven County, North Carolina and charged with driving while under the influence of intoxicating liquor. The arresting officer, L. T. DuBose, transported petitioner to the breathalyzer room at the Craven...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases