McDaniel v. Division of Motor Vehicles

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 arrived, the test could have been administered within the statutory period.

General Statute 20-16.2 provides that any person charged with driving while…