Legal Opinion

Brackett v. Thomas

Supreme Court of North Carolina

Decided June 8, 2018No. 146PA17PublishedCited by 7 opinions

1Opinion of the Court

MORGAN, Justice.

**121 In this matter, we reaffirm the well-established standard of review when a court reviews a final agency decision by the North Carolina Division of Motor Vehicles (DMV)

*87 to revoke a driver's license for willful refusal to submit to a chemical analysis. In determining that the DMV erred in concluding that such a willful refusal had occurred, the Court of Appeals here overstepped its role by making witness **122 credibility determinations and resolving contradictions in the evidence presented during the DMV's administrative hearing concerning the license revocation.…

2Cases cited11 opinions

  1. Koufman v. KoufmanSupreme Court of North Carolina · 1991
  2. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  3. Schloss v. JamisonSupreme Court of North Carolina · 1962
  4. Seders v. Powell, Comr. of Motor VehiclesSupreme Court of North Carolina · 1979
  5. Joyner v. GarrettSupreme Court of North Carolina · 1971

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. NC Dep't of Com., Bd. of Rev. v. Aces Up Expo SolutionsCourt of Appeals of North Carolina · 2020
  2. Pinnacle Health Servs. of N.C. LLC v. N.C. Dep't of Health & Hum. Servs.Court of Appeals of North Carolina · 2023
  3. State v. PetersCourt of Appeals of North Carolina · 2025
  4. State v. ReidSupreme Court of North Carolina · 2022
  5. State v. ReidSupreme Court of North Carolina · 2022

2 more not listed; retrieve them via the Exa API.

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