North Carolina Lawyers Weekly

Apr 30, 2026

Revocation sentence vacated for failure to address mitigation argument

A supervised release sentence was procedurally unreasonable where the U.S. District Court failed to address the defendant’s non-frivolous argument that he had effectively served an additional 19 months […]

Jul 17, 2025

SCOTUS wrap-up: factors for revoking supervised release narrowed

The U.S. Supreme Court ruled a federal judge could not consider the need to “promote respect for the law” in deciding whether to revoke a drug defendant’s supervised release.

May 31, 2018

Lawsuit: The poor shouldn’t lose licenses over traffic fines

RALEIGH (AP) Because he can’t pay $228 in traffic fines, Seti Johnson faces revocation of his North Carolina’s driver’s license, which means he won’t be able to drive to the […]

Jun 10, 2015

Criminal Practice — No Third Chance for Supervised Release

U.S. v. Padgett (Lawyers Weekly No. 15-01-0577, 9 pp.) (Motz, J.) No. 14-4625, June 9, 2015; USDC at Huntington, W.Va. (Berger, J.) 4th Cir. Holding: A defendant originally convicted of […]

Sep 14, 2011

Administrative – Driver’s License – Revocation – Implied Consent Offense – Probable Cause – Test Refusal

Moss v. State A DMV hearing officer found as fact that (1) Trooper Futrell stopped petitioner Moss and Justin Beam near the site of an accident involving a pickup truck; (2) Trooper Futrell observed fresh cuts on petitioner, and petitioner smelled like alcohol...

Aug 30, 2011

Administrative – DMV – Driver’s License – Revocation – Criminal Practice – DWI – Willful Refusal – Incomplete Affidavit

Lee v. Gore Where the Division of Motor Vehicles did not receive a completed affidavit indicating that petitioner had willfully refused to submit to chemical analysis, DMV lacked authority to revoke petitioner’s driving privileges.

Jun 29, 2011

Administrative – Driver’s License – Revocation – Criminal Practice – DWI

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 si[...]

May 20, 2011

Attorneys – Pro Hac Vice – Revocation – Motion to Recuse

Belue v. Leventhal The 4th Circuit vacates a South Carolina trial judge's order revoking temporary admission to practice for three Miami lawyers who asked the judge to recuse himself from hearing a suit involving supplemental cancer insurance policies.

Jan 21, 2011

Administrative – Billboard Permit – Revocation – DOT Authority – Whiteco Requirements

Powell v. N.C. DOT. (Lawyers Weekly No. 11-07-0067, 20 pp.) (Wanda G. Bryant, J.) Appealed from Wake County Superior Court. (Hight, Henry W., J.). N.C. App. Click here for the […]

Oct 12, 2010

Administrative – Driver’s License – Revocation – Criminal Practice – Intoxilyzer – Failure to Provide Breath Sample

Steinkrause v. Tatum. (Lawyers Weekly No. 10-06-0986, 1 p.) (Per Curiam) Appealed from Wake County Superior Court. (Orlando F. Hudson Jr., J.) On appeal from the N.C. Court of […]