DMV hearings for DWI revocations are often appealed. Greensboro DMV hearing officers are often unsympathetic to the plight of our clients, and so higher authority is often needed.
The statutory authority for an appeal from a DMV hearing is N.C.G.S. 20-25. A petition must be filed within 30 days for a hearing in the Superior Court of the individual’s residence. District Court Judges have limited jurisdiction to sign and enter a temporary restraining order against the DMV to prevent the revocation of the individual’s license.
These hearings are applicable for revocations of any reason, including impaired driving refusals, and interlock violation revocations. Opposing the defendant is the Attorney General’s Office, rather than the local DMV hearing officer or local state prosecutor.
The standard of review is simple, a “whole record” review. See Doss vs. Tatutm, No. COA07-1426 (N.C. App. 8/5/2018) (N.C. App., 2008). Under this standard the trial court reviews the record de vovo, searching for errors of law to determine “if competent, material, and substantial evidence exists, based on the whole record, to support the decision, and determines if whether the decision was arbitrary and capricious.” The court is required to consider the evidence justifying both the DMV’s decision and the contrary evidence that potentially could lead to a different result.
Significantly, and worth noting, the court is not allowed to replace the DMV’s decision when there are two “reasonably conflicting views,” although the court “could have justifiably reached a different result under the de novo review.”
If your license has been revoked for a DWI, contact Greensboro’s top rated DWI attorneys at Garrett, Walker, Aycoth and Olson. We can assist you with getting your license back, whether through the DMV, district court, or superior court.
We are here to help!