Mathis v. North Carolina Division of Motor Vehicles

VAUGHN, Chief Judge.

Plaintiff principally contends that the evidence does not show that he “willfully refused” to submit to a chemical test and is therefore insufficient to sustain the license suspension order entered against him. G.S. 20-16.2 (Cum. Supp. 1981).

In support of his position, plaintiff points out that he was willing to take the test at 7:15 p.m., within 30 minutes of his first explicit refusal at 6:46 p.m. Plaintiff contends that there was no evidence that he either heard or acknowledged Officer Lefler’s request until that time or knowingly let the 30 minute time limit expire.…