Joyner v. Garrett

SHARP, Justice.

Petitioner “prays” this Court to rescind the action of the Department and to declare his license “in good standing as it pertains to this arrest.” He contends that he is entitled to this relief because (1) he was denied the right to cross-examine Patrolman Spainhour at the administrative hearing; (2) the hearing officer did not find that he wilfully failed to submit to the chemical test, and therefore his findings did not sustain the Department’s order of revocation; (3) Judge Clark erred in ruling that the burden of proof is on petitioner; and (4) the evidence was insufficient…