Rice v. Peters

HILL, Judge.

Petitioner contends the trial court erred in holding that he willfully refused to take the chemical breath test in violation of law.

We note there are no exceptions in the record on appeal. With no exceptions to the findings of fact, they are deemed to be correct and supported by competent, substantial evidence. The findings are thus conclusive on appeal and are not presented for appellate review. Durland v. Peters, Comr. of Motor Vehicles, 42 N.C. App. 25, 27, 255 S.E. 2d 650 (1979). The appeal itself, however, raises the question of whether the facts found and the conclusion of…