Lee v. Gore

TIMMONS-GOODSON, Justice.

The question presented is whether the Division of Motor Vehicles (“DMV”) may revoke driving privileges for a willful refusal to submit to chemical analysis absent receipt of an affidavit swearing that the refusal was indeed willful. Because N.C.G.S. § 20-16.2(d) requires that the DMV first receive a “properly executed affidavit” from law enforcement swearing to a willful refusal to submit to chemical analysis before revoking driving privileges, we hold that the DMV lacked the authority to revoke the driving privileges of petitioner, Richard James Lee. Accordingly, we…