Price v. North Carolina Department of Motor Vehicles

MORRIS, Judge.

In his brief petitioner raises the question of whether the refusal to submit to a breathalyzer test until one’s attorney arrives in person at the site of the test when that refusal delays the test more than 30 minutes amounts to a “willful refusal” under G.S. 20-16.2. Obviously, if one has either a statutory or a constitutional right to await the arrival in person of the attorney, then the facts of this case would not constitute a “willful refusal” under G.S. 20-16.2, and petitioner’s driving privilege could not be revoked.

Petitioner advances both statutory arguments and…