Rock v. Hiatt

ORR, Judge.

We note at the outset that petitioner voluntarily abandoned assignment of error three concerning the trial court’s signing of the judgment on 22 February 1990 and filing the same on 28 February 1990 prior to considering petitioner’s objections to the proposed judgment. We shall now address the remaining assignments of error.

I

Petitioner’s assignments of error focus upon two elements of N.C. Gen. Stat. § 20-16.2. Petitioner first argues that the trial court erred in determining that petitioner had “willfully refused” to submit to a chemical analysis on the grounds that he did not…