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 job he hopes to get soon. For Sharee Smoot, the ...

Tagged with: 14th Amendment American Civil Liberties Union court fees Driver's License federal lawsuit Raleigh Revocation traffic fines

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 cocaine and attempted-escape offenses, and who already had violated terms ...

Tagged with: Revocation Supervised Release

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...

Tagged with: Administrative probable cause Revocation

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.

Tagged with: Administrative Criminal Practice DMV dwi Revocation

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.

Tagged with: Administrative Criminal Practice Driver's License dwi Revocation

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.

Tagged with: Pro Hac Vice Revocation

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 full text of the opinion. Holding: Where the DOT failed ...

Tagged with: Administrative Revocation Wake County

  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 Appeals. N.C. S. Ct. Click here for the full text ...

Tagged with: Administrative Criminal Practice Driver's License Revocation Wake County