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Tag Archives: Driver’s License

Administrative – Driver’s License – Revocation – Criminal Practice – DWI (access required)

Neilon v. Commissioner of Motor Vehicles Even though no one saw petitioner in the driver’s seat, the investigating officer had reasonable grounds to arrest petitioner for driving while impaired based on the following evidence: A vehicle titled in petitioner’s name had run “off the road and struck two small trees.” At the time that Officer Hall approached, he observed petitioner sitting near the front left bumper of the wrecked vehicle. No one else was in the vicinity of the vehicle at that time. As Officer Hall approached the wrecked vehicle, petitioner “started running away.” After obeying Officer Hall’s order to stop, petitioner “had the strong smell of alcohol, red glassy eyes, [and] slurred speech” and “was unsteady on his feet.” Petitioner refused to answer Officer Hall’s questions and “refused field sobriety test[s].” We reverse the trial court’s rescission of respondent’s revocation of petitioner’s driver’s license. Remanded.

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Administrative – Driver’s License – Revocation Hearing – Criminal Practice – DWI Pending – Due Process – Refusal to Provide Sample (access required)

Guzman v. Gore. (Lawyers Weekly No. 10-16-0777, 12 pp.) (Barbara Jackson, J.) Appealed from Stokes County Superior Court. (Anderson D. Cromer, J.) N.C. App. Unpub. Holding: Petitioner’s DWI case was still pending when the DMV held its hearing to determine ...

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