Bell v. Powell
Decision Date | 01 May 1979 |
Docket Number | No. 786SC712,786SC712 |
Citation | 254 S.E.2d 191,41 N.C.App. 131 |
Parties | George Robert BELL, Petitioner, v. Edward L. POWELL, Commissioner of Motor Vehicles of North Carolina and the Department of Motor Vehicles, Respondent. |
Court | North Carolina Court of Appeals |
Carter W. Jones and Ralph G. Willey, III, Ahoskie, for petitioner.
Petitioner was placed under arrest by Highway Patrolman Price and charged with the offense of operating his motor vehicle on a public highway while under the influence of intoxicating liquor. Petitioner was requested to take a breathalyzer test. At the time the test was administered, the operator deemed the breath sample given by petitioner was insufficient; petitioner was advised that the small amount of air was just enough to turn the green light on the breathalyzer and was not enough to get an accurate reading. Petitioner refused to give another sample so that he could be properly tested.
The question for our determination on the record is: Did the petitioner willfully refuse to submit to a breathalyzer test? We answer, "Yes," and affirm the trial court.
G.S. 20-16.2(c) provides:
Petitioner contends that he could not have willfully refused to take the test since the petitioner blew into the instrument as required by Trooper Highsmith, and after the test was completed and the breathalyzer sample was declared insufficient for analysis, the trooper again failed to explain to petitioner what was required of him and what was wrong with the sample actually submitted by him.
Patrolman Price testified:
Patrolman Highsmith testified:
Respo...
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