Legal Opinion

Poag v. Powell, Comr. of Motor Vehicles

Court of Appeals of North Carolina

Decided January 2, 1979No. 7818SC250PublishedCited by 5 opinions

1Opinion of the Court

ARNOLD, Judge.

G.S. 20-16.2 provides for the mandatory revocation of the driver’s license of any person who refuses to submit to chemical tests to determine the alcoholic content of his breath or blood after he has been arrested for driving under the influence of liquor. Plaintiff brings this action under G.S. 20-16.2(e) for review of the revocation of his driving privileges. G.S. 20-16.2(d) sets out the scope of the initial hearing from which appeal may be taken to the Superior Court. That hearing is to cover, among other issues, “whether the law-enforcement officer had reasonable grounds to…

2Cases cited2 opinions

  1. Jamison v. City of CharlotteSupreme Court of North Carolina · 1954
  2. Jones v. MurdockCourt of Appeals of North Carolina · 1974

3Cited by5 opinions

  1. People v. SchuberthAppellate Court of Illinois · 1983
  2. Rice v. PetersCourt of Appeals of North Carolina · 1980
  3. People v. DohertyAppellate Court of Illinois · 1986
  4. People v. BatesAppellate Court of Illinois · 1987
  5. McDowell v. TatumCourt of Appeals of North Carolina · 2007

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