Etheridge v. Peters

EXUM, Justice.

The question presented for review is whether the evidence in the instant case supports the trial court’s conclusion that petitioner did not willfully refuse to submit to a breathalyzer test. We hold that it does not.

Petitioner was arrested in Craven County, North Carolina and charged with driving while under the influence of intoxicating liquor. The arresting officer, L. T. DuBose, transported petitioner to the breathalyzer room at the Craven County Sheriffs Department and requested him to submit to a breathalyzer test. The breathalyzer operator, Trooper Johnny Brown, informed…