Seders v. Powell, Comr. of Motor Vehicles

CARLTON, Justice.

We are presented by plaintiff with three arguments on this appeal: (1) That the lower courts misconstrued G.S. 2046.2(a)(4) to impose an absolute 30 minute time limit in which one charged with driving under the influence has an opportunity to consult with a lawyer, (2) that the evidence in the instant case does not support the trial court’s finding that plaintiff willfully refused to submit to the breathalyzer test, and (3) that there is a constitutional right to confer with counsel prior to taking the breathalyzer test and the 30 minute time limit is both irrational and a…