RAWLS v. PETERS

No. 796SC648.

263 S.E.2d 330 (1980)

Dan McCall RAWLS, Jr., Petitioner, v. Elbert L. PETERS, Jr., Commissioner of Motor Vehicles of the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

March 4, 1980.


Attorney(s) appearing for the Case

Cherry, Cherry & Flythe by Larry S. Overton, Ahoskie, for petitioner-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Mary I. Murrill and Deputy Atty. Gen. William W. Melvin, Raleigh, for respondent-appellee.


HEDRICK, Judge.

Petitioner brings forward and argues three assignments of error: (1) Did the court err in finding that Trooper Carmon had reasonable grounds to believe that petitioner was operating a motor vehicle while under the influence of intoxicating liquor? (2) Did the court err in finding that he intentionally, without just cause or excuse, refused to submit to the breathalyzer test? and (3) Did the court err in concluding that he willfully refused to take...

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