Lee v. Gore

In light of my reconsideration of this matter upon rehearing, I am inclined to dissent and afford our Supreme Court the opportunity to address the issue of first-impression presented by this case: What remedy is Petitioner entitled to where a law enforcement officer fails to follow the statutory mandate to “execute an affidavit(s) stating that: . . . the person willfully refused to submit to a chemical analysis”? N.C. Gen. Stat. § 20-16.2 (cl) (2009). The majority concludes that because the Division of Motor Vehicles (“DMV”) did not receive a properly executed affidavit as mandated by the…