Richardson v. Hiatt

COZORT, Judge.

Petitioner’s driver’s license was revoked by the respondent, Division of Motor Vehicles (DMV), for willfully refusing to submit to chemical analysis of his blood to determine its alcohol concentration. A DMV hearing officer affirmed the revocation. Petitioner filed for a hearing de novo in Superior Court under N.C. Gen. Stat. § 2046.2(e). The trial court ordered that petitioner’s driving privileges be fully restored because DMV failed to prove that a physician, registered nurse or other qualified person was available to withdraw blood at the time the charging officer requested…