Simpson v. Robertson Fifteen years after having his driver’s license permanently revoked because of multiple DWIs, petitioner presented evidence that he only occasionally drinks beer or wine. Respondent denied the petition based on its misconstruction of the term “excessive user of alcohol” to include “anyone [who] consumes an alcohol[ic] beverage and operates a motor vehicle to any degree” and anyone who does not totally abstain from drinking rather than exceeding what is usual, proper, necessary, or normal. Respondent incorrectly imposed a higher standard on petitioner than required by N.C. law; thus, its decision was arbitrary and capricious.
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