Mathis v. North Carolina Div. of Motor Vehs., 322 S.E.2d 436 (N.C. Ct. App. 1984). · Go Syfert
Mathis v. North Carolina Div. of Motor Vehs., 322 S.E.2d 436 (N.C. Ct. App. 1984). Cases Citing This Book View Copy Cite
G Cite
cited 4× by 2 distinct cases, last quoted 2009 · …obviously, one may refuse the test by inaction as well as by words. at p. 438
36 citation events (12 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle Division
Iowa · 2011 · confidence medium
Div. of Motor Vehicles, 71 N.C.App. 413 , 322 S.E.2d 436, 438 (1984); Bergstrom v. Motor Vehicles Div., 104 Or.App. 141 , 799 P.2d 673, 674 (1990); Commonwealth v. Schaefer, 8 Pa.Cmwlth. 96 , 300 A.2d 907, 908 (1973); Leviner v. S.C.
cited Cited as authority (rule) Steinkrause v. Tatum
N.C. Ct. App. · 2009 · confidence medium
App. 413, 415 , 322 S.E.2d 436, 438 (1984).
discussed Cited as authority (rule) White v. Tippett
N.C. Ct. App. · 2007 · confidence medium
App. 413, 415 , 322 S.E.2d 436, 437-38 (1984) (quoting Etheridge v. Peters, Comr. of Motor Vehicles, 301 N.C. 76, 81 , 269 S.E.2d 133, 136 (1980)).
cited Cited as authority (rule) Osborne v. Tatum
N.C. Ct. App. · 2006 · confidence medium
App. 413, 415 , 322 S.E.2d 436, 438 (1984).
discussed Cited as authority (rule) Matter of Suazo
N.M. · 1994 · confidence medium
App.1992) ("[W]here an individual requests and is denied reasonable opportunity to contact an attorney before deciding whether or not to submit to a breathalyzer, revocation is not unequivocal and cannot be upheld."); Montana, Johnson, 711 P.2d at 817-18 ; Nebraska, Hoyle, 343 N.W.2d at 734 ; but see Sedlacek v. Pearson, 204 Neb. 625 , 284 N.W.2d 556, 558 (1979) (not expressly overruled by Hoyle , permitting a delay, stating that "[t]here would appear to be no reason to invoke the sanction of the implied consent law for refusal to submit to a test where a test was in fact performed and the tes…
discussed Cited as authority (rule) State v. Suazo
N.M. · 1994 · confidence medium
States adopting a bright-line test include: California, Zidell v. Bright, 264 Cal.App.2d 867 , 71 Cal.Rptr. 111, 112-13 (1968); Illinois, People v. Graziano, 151 Ill.App.3d 475 , 104 Ill.Dec. 325, 328 , 502 N.E.2d 822, 825 (1986), but see People v. Naseef, 127 Ill.App.3d 70 , 82 Ill.Dec. 204, 207 , 468 N.E.2d 466, 469 (1984) (not expressly overruled by Graziano, stating that "[w]e do not believe that the legislature intended that a ‘refusal’ exist, for purposes of the statute, where a suspect initially declines to take the test but ultimately agrees to take and does complete the test”); …
cited Cited as authority (rule) State v. Garcia-Lorenzo
N.C. Ct. App. · 1993 · confidence medium
App. 413, 415 , 322 S.E.2d 436, 438 (1984) (citation omitted).
discussed Cited as authority (rule) Rock v. Hiatt
N.C. Ct. App. · 1991 · confidence medium
App. 413, 415 , 322 S.E.2d 436, 437-38 (1984), citing Etheridge, this Court stated that willful refusal occurs when a petitioner is aware that he must make a choice of whether or not to take the test, aware of the 30-minute time limit to make a decision, voluntarily decides not to take the test, and knowingly allows the time limit to expire before he elects to take the test.
cited Cited as authority (rule) Tolbert v. Hiatt
unknown court · 1989 · confidence medium
App. 413, 416 , 322 S.E.2d 436, 438 (1984) (citations omitted).
discussed Cited "see" State v. Suazo (2×)
N.M. Ct. App. · 1993 · signal: see · confidence high
See Mathis v. North Carolina Div. of Motor Vehicles, 71 N.C.App. 413 , 322 S.E.2d 436 (1984) (statute provides driver thirty minutes to make a decision regarding whether to submit to test).
discussed Cited "see" State v. Suazo (2×)
N.M. Ct. App. · 1993 · signal: see · confidence high
See Mathis v. North Carolina Div. of Motor Vehicles, 71 N.C.App. 413 , 322 S.E.2d 436 (1984) (statute provides driver thirty minutes to make a *1103 decision regarding whether to submit to test).
discussed Cited "see, e.g." Matter of Smith (2×)
Idaho Ct. App. · 1989 · signal: see, e.g. · confidence low
See, e.g., Mathis v. Division of Motor Vehicles, 71 N.C.App. 413 , 322 S.E.2d 436 (1984) (applying statute that allows thirty minutes for motorist to make final decision); Conrad v. Schwendiman, 680 P.2d 736 (Utah 1984) (applying statute that requires a motorist to take the test “immediately” upon request).
Retrieving the full opinion text from the archive…
Ward Wesley Mathis
v.
North Carolina Division of Motor Vehicles and Commissioner of Motor Vehicles, R. W. Wilkins, Jr.
8428SC602.
Court of Appeals of North Carolina.
Nov 20, 1984.
322 S.E.2d 436
Roberts, Cogbum, McClure & Williams, by Max 0. Cogbum and Isaac N. Northmp, Jr., for petitioner appellant. , Attorney General Edmisten, by Deputy Attorney General Jean A. Benoy, for respondent appellee.
Vaughn, Braswell, Eagles.
Cited by 16 opinions  |  Published
VAUGHN, Chief Judge.

Plaintiff principally contends that the evidence does not show that he “willfully refused” to submit to a chemical test and is therefore insufficient to sustain the license suspension order entered against him. G.S. 20-16.2 (Cum. Supp. 1981).

[*415] In support of his position, plaintiff points out that he was willing to take the test at 7:15 p.m., within 30 minutes of his first explicit refusal at 6:46 p.m. Plaintiff contends that there was no evidence that he either heard or acknowledged Officer Lefler’s request until that time or knowingly let the 30 minute time limit expire. According to plaintiff, “there is only evidence that he was told of the 30 minute time limit” and there is “no evidence that petitioner voluntarily elected not to take the test.” We believe plaintiffs arguments to be patently untenable and clearly contrary to existing case law.

G.S. 20-16.2 (Cum. Supp. 1981) does not require that a suspected drunk driver submit to a chemical test. Montgomery v. North Carolina Dep’t of Motor Vehicles, 455 F. Supp. 338 (W.D.N.C. 1978), aff’d, 599 F. 2d 1048 (4th Cir. 1979). It does, however, provide that a suspect who “willfully refuses” a request to submit to the test will have his driving privileges automatically revoked for a period of six months. The standard of “willful refusal” in this context is clear. Once apprised of one’s rights and having received a request to submit, a driver is allowed 30 minutes in which to make a decision. A “willful refusal” occurs whenever a driver “(1) is aware that he has a choice to take or to refuse to take the test; (2) is aware of the time limit within which he must take the test; (3) voluntarily elects not to take the test; and (4) knowingly permits the prescribed thirty-minute time limit to expire before he elects to take the test.” Etheridge v. Peters, 301 N.C. 76, 81, 269 S.E. 2d 133, 136 (1980).

In the present case, plaintiff was requested to take the test and acknowledged an understanding of his rights. Plaintiff was told of the 30 minute time limit and was repeatedly asked if he would take the test before it expired. Plaintiffs initial 20 minute silence in response to those requests does not toll the 30 minute period. Otherwise, any suspect could evade the possible repercussions of testing by simply refusing to cooperate. Cf Rice v. Peters, Comr. of Motor Vehicles, 48 N.C. App. 697, 269 S.E. 2d 740 (1980). Obviously, one may refuse the test by inaction as well as by words. “Refusal,” in this context, has been defined as “the declination of a request or demand, or the omission to comply with some requirement of law, as the result of a positive intention to disobey.” Joyner v. Garrett, Comr. of Motor Vehicles, 279 N.C. 226, 233, 182 S.E. 2d 553, 558, reh. denied, 279 N.C. 397, 183 S.E.[*416] 2d 241 (1971) (quoting Black’s Law Dictionary, 4th Ed.). A finding that a driver “did refuse” to take the test is equivalent to a finding that the driver “willfully refused” to take the test. Id. at 233, 182 S.E. 2d at 559.

Plaintiffs position is not aided by evidence showing his later willingness to take the test at 7:15 p.m. See, e.g., Seders v. Powell, Comr. of Motor Vehicles, 298 N.C. 453, 259 S.E. 2d 544 (1979); Etheridge, supra. Nor is this plaintiff aided by his alleged lack of either understanding or knowledge that the prescribed time limit was expiring. For example, in Seders, supra, the petitioner similarly and unsuccessfully argued that due to continuing efforts to contact his attorney, he was unaware that his 30 minute time period had expired. Yet, as in the present case, the Court noted that Seders had been informed of both the existence of the 30 minute deadline and the consequences of his failure to submit. Like Seders, plaintiff, nevertheless, elected to run the risk of awaiting his attorney’s call. The actions of each “constituted a conscious choice purposefully made and [their] omission to comply with this requirement of our motor vehicle law amounts to a willful refusal.” Seders at 461, 259 S.E. 2d at 550. The trial court’s conclusion that plaintiff willfully refused to submit is supported by the evidence and will not be disturbed on appeal. Henderson County v. Osteen, 297 N.C. 113, 254 S.E. 2d 160 (1979).

Plaintiff alternatively contends that he was not properly requested to submit to the test as directed by statute. G.S. 20-16.2(c) (Cum. Supp. 1981) provides that “[t]he arresting officer, in the presence of the person authorized to administer a chemical test, shall request that the person arrested submit to a test. . . .” Plaintiff argues that this language requires a “present request” and was violated in light of testimony in which Officer Stout stated that “[a]fter I informed [plaintiff] of his rights [Officer Lefler] requested him to submit to the test when I offered it to him.” We find this argument to be unfounded. The Legislature did not intend to prescribe such precise terminology or to impose “such a rigid sequence of events as contended” by plaintiff. Rice at 700, 269 S.E. 2d at 742. Such contrived precision is unnecessary for the protection of suspects and is clearly detrimental to the effective enforcement of drunk driving laws. See Montgomery v. North Carolina Dep’t of Motor Vehicles, 455 F. Supp. 338 (W.D.N.C. 1978), aff'd, 599 F. 2d 1048 (4th Cir. 1979).

[*417] The trial court properly affirmed the order revoking plaintiffs license.

Judgment affirmed.

Judges Braswell and Eagles concur.