Brackett v. Thomas
Supreme Court of North Carolina
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
- Koufman v. KoufmanSupreme Court of North Carolina · 1991
- State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
- Schloss v. JamisonSupreme Court of North Carolina · 1962
- Seders v. Powell, Comr. of Motor VehiclesSupreme Court of North Carolina · 1979
- Joyner v. GarrettSupreme Court of North Carolina · 1971
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3Cited by7 opinions
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- State v. ReidSupreme Court of North Carolina · 2022
- State v. ReidSupreme Court of North Carolina · 2022
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