JOYNER v. GARRETT

No. 75.

182 S.E.2d 553 (1971)

279 N.C. 226

Donald Gray JOYNER v. Joe W. GARRETT, Commissioner, N. C. Department of Motor Vehicles.

Supreme Court of North Carolina.

Rehearing Denied August 30, 1971.


Attorney(s) appearing for the Case

Vaughn S. Winborne, Raleigh, for plaintiff appellant.

Atty. Gen. Robert Morgan, Asst. Attys. Gen., Wm. W. Melvin and T. Buie Costen, for respondent appellee.


SHARP, Justice:

Petitioner "prays" this Court to rescind the action of the Department and to declare his license "in good standing as it pertains to this arrest." He contends that he is entitled to this relief because (1) he was denied the right to cross-examine Patrolman Spainhour at the administrative hearing; (2) the hearing officer did not find that he wilfully failed to submit to the chemical test, and therefore his findings did not sustain the Department...

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