Seders v. Powell, Comr. of Motor Vehicles

HEDRICK, Judge.

By assignment of error number one, plaintiff contends that the evidence is insufficient to support the trial court’s finding that the plaintiff willfully refused to submit to the breathalyzer test. Plaintiff argues that his refusal to take the test cannot be considered willful because it resulted not from any intentional act on his part but rather as a result of his accidentally allowing the thirty minute period to elapse while waiting for his attorney to contact him. Plaintiff argues that it is essential for the State to show that he was made aware of the passage of time in…