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Tolbert v. Hiatt9/5/1989
e person to be tested has not eaten "in the fifteen minutes immediately prior to the collection of a breath specimen . . . ." 10 NCAC 7B-0102. The regulations do not specify how the breathalyzer operator shall discharge these responsibilities. A reasonable method for determining that the subject has not "eaten" in fifteen minutes is to prohibit him from placing foreign objects in his mouth. Thus, under Bell, we conclude petitioner refused the breathalyzer operator's proper instructions and thereby willfully refused to take the breathalyzer test under Section 20-16.2(c).
II
Petitioner contends, in any event, the trial court's Finding No. 3 was in fact a conclusion of law; therefore, petitioner contends there were no findings by the trial court to support its order of revocation. We disagree. Proceedings involving the suspension or revocation of a license to operate a motor vehicle are civil and not criminal in nature. Joyner, 279 N.C. at 234, 182 S.E.2d at 559. In a non-jury trial, Rule 52(a)(1) requires the trial court to "find the facts specially and state separately his conclusions of law thereon and direct the entry of the appropriate judgment." N.C.G.S. Sec. 1A-1, Rule 52(a)(1) (1983). However, the trial court need not recite every evidentiary fact presented at the hearing, but must only make specific findings on the ultimate facts established by the evidence that are determinative of the questions raised in the action and essential to support its conclusions. Mitchell v. Lowery, 90 N.C. App. 177, 184, 368 S.E.2d 7, 11 (1988). When findings are required, they must be made with sufficient specificity to allow meaningful appellate review. Andrews v. Peters, 318 N.C. 133, 347 S.E.2d 409 (1986). The purpose of this requirement is to permit the reviewing court to determine from the record whether the judgment and the legal conclusions which underlie it represent a correct application of the law. Wohlfahrt v. Schneider, 82 N.C. App. 69, 76, 345 S.E.2d 448, 452 (1986).
The trial court's finding that petitioner willfully refused "without just cause or excuse" to submit to a chemical analysis upon the request of the charging officer was an ultimate fact finding indicating the trial court rejected all opposing inferences raised by petitioner's evidence that the refusal was not willful or was excused. As such, that finding permits adequate appellate review of the ultimate fact at issue. See Williams v. Pilot Life Ins. Co., 288 N.C. 338, 218 S.E.2d 368 (1975). Accordingly, we reject this assignment of error.
Affirmed.
Disposition
Affirmed.
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