Hoots v. Robertson, 214 N.C. App. 181 (Aug. 2, 2011)

The trial court erred by determining that a clerical error on a law enforcement officer’s affidavit under G.S. 20-16.2(d) divests the DMV of its authority to suspend the driving privileges of a person who has willfully refused to submit to a chemical analysis when charged with an implied consent offense where the error does not involve an element of the offense of willful refusal. The clerical error involved listing the time of refusal as 3:45 am instead of 3:47 am.