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SERMONS v. PETERS

No. 802SC646.

275 S.E.2d 218 (1981)

Wayland J. SERMONS v. Elbert L. PETERS, Jr., Commissioner of Motor Vehicles.

Court of Appeals of North Carolina.

March 3, 1981.

Attorney(s) appearing for the Case

James R. Vosburgh, Washington, D. C., for petitioner-appellee.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen., Jane P. Gray, Raleigh, for respondent-appellant.

ROBERT M. MARTIN, Judge.

The sole question raised on this appeal is whether the court below was correct in concluding that the petitioner did not wilfully refuse to submit to a breathalyzer test.

"Refusal" is defined as "the declination of a request or demand, or the omission to comply with some requirement of law, as the result of a positive intention to disobey." Joyner v. Garrett, Comr. of Motor Vehicles, 279 N.C. 226

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