Durland v. Peters

MARTIN (Harry C.), Judge.

This civil action was instituted by petitioner pursuant to N.C.G.S. 20-16.2(e) to review de novo the question of whether petitioner had wilfully refused to take a breathalyzer test after being arrested on a charge of operating a motor vehicle while under the influence of intoxicating liquors.

After hearing the testimony of the witnesses, Judge Wood found as facts the following:

2. On the 3rd day of December, 1977, the petitioner Steven [sic] Howard Durland was lawfully arrested in the City of Greensboro by G. F. Brooks, a uniform officer with the Greensboro Police…