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In re Suspension of License to Operate A Motor Vehicle of Stephen Wayne Vallender NCDL 31811406/3/1986
the Mathis court went on to consider a contention that the charging officer must make a "present request" rather than a "future" one. The court rejected the contention that there is a need for any "precise terminology" or "contrived precision" which would hamper effective enforcement of drunk driving laws. 71 N.C. App. at 416, 322 S.E.2d at 438; see also Rice v. Peters, 48 N.C. App. 697, 269 S.E.2d 740 (1980). Like the court in Rice, the Mathis court found the suspect's rights sufficiently protected and affirmed the suspension.
Here petitioner was arrested and brought to a law enforcement office at 1:30 in the morning for a breath test. He was informed of the charges against him and informed that "the charging officer will request you to submit to a chemical analysis." [Emphasis added.] He was then advised of his right to 30 minutes to contact an attorney. Petitioner was well advised of what was to happen and that he had 30 minutes from the time he was advised of his rights in which to decide whether to submit to the breath test.
Petitioner received the protection required by the law. The court's findings are supported by the record and they in turn support the judgment. No other error appears on the face of the record.
Affirmed.
Disposition
Affirmed.
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