Brackett v. Thomas

*780 TYSON, Judge.

*428 I. Procedural Background

Wayne T. Brackett, Jr. ("Petitioner") filed a complaint against Kelly J. Thomas, Commissioner of the North Carolina Division of Motor Vehicles, ("Respondent") on 19 January 2016. Petitioner alleged he was arrested and charged with driving while impaired on 13 August 2015. Petitioner further alleged "[Respondent] notified Petitioner that effective January 18, 2016, [P]etitioner's driving privileges were to be suspended and revoked based on a refusal to submit to a chemical test."

Petitioner requested an administrative hearing before the Division of Motor…