Richardson v. Hiatt

COZORT, Judge.

Petitioner files a Petition for Rehearing pursuant to Rule 31 of the North Carolina Rules of Appellate Procedure.

Upon review of the petition, this Court finds that the opinion filed in this case on 15 August 1989 was in error in ordering that the cause be remanded to Nash County Superior Court for entry of an order affirming the revocation of petitioner’s driver’s license. The proper resolution of the cause is to remand to Superior Court for a new trial. At a new trial, petitioner will have an opportunity to present evidence, and the trial court can determine whether the…