MATHIS v. N.C. DIV. OF MOTOR VEHICLES

No. 8428SC602.

322 S.E.2d 436 (1984)

Ward Wesley MATHIS v. NORTH CAROLINA DIVISION OF MOTOR VEHICLES and Commissioner of Motor Vehicles, R.W. Wilkins, Jr.

Court of Appeals of North Carolina.

November 20, 1984.


Attorney(s) appearing for the Case

Roberts, Cogburn, McClure & Williams by Max O. Cogburn and Isaac N. Northrup, Jr., Asheville, for petitioner-appellant.

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen., Jean A. Benoy, Raleigh, for respondent-appellee.


VAUGHN, Chief Judge.

Plaintiff principally contends that the evidence does not show that he "willfully refused" to submit to a chemical test and is therefore insufficient to sustain the license suspension order entered against him. G.S. 20-16.2 (Cum.Supp.1981).

In support of his position, plaintiff points out that he was willing to take the test at 7:15 p.m., within 30 minutes of his first explicit refusal at 6:46 p.m. Plaintiff contends that there was no...

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