Penuel v. Hiatt

ARNOLD, Judge.

In the decision reported in Penuel v. Hiatt, 97 N.C. App. 616, 389 S.E.2d 289 (1990), this Court vacated the order of the superior court directing the Division of Motor Vehicles [hereinafter DMV] to restore petitioner’s driving privileges. This Court then remanded the proceeding to the superior court for entry of an order reinstating the order of the DMV denying the restoration of petitioner’s driving privileges. This decision was based on our reasoning that the superior court had no jurisdiction to review the DMV’s order denying petitioner’s request for conditional restoration…