IN RE VALLENDER

No. 855SC1280.

344 S.E.2d 62 (1986)

In re Suspension of the License to Operate a Motor Vehicle of Stephen Wayne VALLENDER NCDL#: 3181140.

Court of Appeals of North Carolina.

June 3, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. William B. Ray, Raleigh, for respondent-appellee Div. of Motor Vehicles.

Hewlett & Collins by John C. Collins, Wilmington, for petitioner-appellant.


EAGLES, Judge.

The sole question presented by this appeal is whether the court erred in finding that petitioner willfully refused to submit by concluding that the thirty minute period began to run at 1:39 a.m., when he was advised of his rights, instead of at 1:54 a.m., when the formal request was made.

By statute, a person charged with an implied consent offense has the right to contact an attorney and select a witness to view the testing procedures impliedly...

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