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McDANIEL v. DIVISION OF MOTOR VEHICLES

No. 8922SC62.

386 S.E.2d 73 (1989)

96 N.C. App. 495

Randy Dean McDANIEL v. DIVISION OF MOTOR VEHICLES.

Court of Appeals of North Carolina.

December 5, 1989.

Attorney(s) appearing for the Case

Hall & Vogler by E. Edward Vogler, Jr., Mocksville, for petitioner-appellant.

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. Robert E. Cansler, Asheville, for respondent-appellee.

PARKER, Judge.

The sole issue presented on this appeal is whether the trial court erred in finding that petitioner wilfully refused to submit to the breathalyzer analysis. Petitioner contends that he was deprived of his statutory rights under G.S. 20-16.2 when he was written up as a refusal before the expiration of the 30-minute statutory time period. Petitioner further asserts that if he had been allowed to take the test when his father

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