TOLBERT v. HIATT

No. 8825SC1206.

382 S.E.2d 453 (1989)

Kevin Thomas TOLBERT v. William S. HIATT, Commissioner North Carolina Division of Motor Vehicles.

Court of Appeals of North Carolina.

September 5, 1989.


Attorney(s) appearing for the Case

Wilson and Palmer, P.A. by David S. Lackey, Lenoir, for petitioner.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Robert E. Cansler, Asheville, for the State.


GREENE, Judge.

This appeal arises from the Superior Court's affirmance of a Department of Motor Vehicles' order revoking petitioner's driving privileges for an alleged refusal to submit to a breathalyzer test. The evidence at the non-jury trial tended to show petitioner was arrested by Officer Floyd on 7 June 1987 for driving while impaired. After transporting petitioner to the sheriff's department, Officer Floyd noticed petitioner was chewing something which Floyd...

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