Hoots v. Robertson

STEELMAN, Judge.

Where there was evidence in the record supporting Hearing Officer Campbell’s finding that petitioner’s refusal to submit to a chemical analysis occurred at 3:47 a.m. on 13 June 2009, the trial court was bound by this finding. The affidavit of Trooper Campbell complied with the provisions of N.C. Gen. Stat. § 20-16.2(cl) (2009) and the trial court erred in reversing the suspension of petitioner’s driving privileges by the Division of Motor Vehicles.

I. Factual and Procedural Background

Early in the morning of 13 June 2009, Trooper R.O. Campbell (Trooper Campbell) of the North…