WATSON v. HIATT

No. 8510SC628.

337 S.E.2d 871 (1985)

Carolyn Joyce WATSON v. William S. HIATT, Commissioner of N.C. Division of Motor Vehicles.

Court of Appeals of North Carolina.

December 31, 1985.


Attorney(s) appearing for the Case

Hatch, Little, Bunn, Jones, Few & Berry by E. Richard Jones, Jr., Raleigh, for petitioner-appellee.

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Mabel Y. Bullock, Dept. of Justice, Raleigh, for respondent-appellant.


WEBB, Judge.

The appellant by his assignments of error contends that it was error for the court to conclude that the petitioner provided breath samples necessary to constitute a valid chemical analysis as required by law and that petitioner's conduct did not constitute a willful refusal to submit to a breathalyzer test. We agree with the appellant.

G.S. 20-139.1(b) provides in part that "[a] chemical analysis, to...

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