Brackett v. Thomas

In determining that the North Carolina Division of Motor Vehicles (DMV) erred in revoking a driver’s license for willful refusal to submit to a chemical analysis, the court of appeals overstepped its role by making witness credibility determinations and resolving contradictions in the evidence presented during the DMV’s administrative hearing concerning the license revocation.Petitioner filed a petition for judicial review challenging the hearing officer’s conclusion of law that Petitioner had willfully refused to submit to a chemical analysis. The superior court reversed. The court of appeals ruled that the superior court did not employ the correct standard of review and then, without remanding the matter, considered whether the evidence in the record supported the hearing officer’s conclusion of law rather than determining whether the uncontested findings of fact supported the hearing officer’s legal conclusion that Petitioner willfully refused a chemical analysis. The Supreme Court reversed, holding that the superior court and court of appeals erred in reversing the administrative decision of the DMV hearing officer revoking Petitioner’s operator’s license because both courts employed an incorrect standard of review. View "Brackett v. Thomas" on Justia Law