Cook v. Thomas

McGEE, Chief Judge.

The North Carolina Division of Motor Vehicles ("DMV"), by and through its Commissioner Kelly J. Thomas, (hereinafter, "Respondent") appeals the reversal of a license revocation based on willful refusal to submit to a chemical analysis. We reverse.

I. Background

Trooper Bryan Phillips ("Trooper Phillips") of the North Carolina State Highway Patrol ("NCSHP") set up a drivers' license checkpoint on Wrightsville Avenue in New Hanover County around 12:30 a.m. on 27 September 2014 after receiving authorization from his immediate supervisor. At approximately 1:00 a.m., a vehicle…