HENRY v. EDMISTEN

No. 550PA84.

340 S.E.2d 720 (1986)

315 N.C. 474

Gary Raymond HENRY v. Rufus L. EDMISTEN, In His Official Capacity as Attorney General of North Carolina; J. Russell Nipper, In His Official Capacity as Clerk of Superior Court of Wake County; Maude P. Hocutt, In Her Official Capacity as a Magistrate in Wake County; and R.W. Wilkins, In His Official Capacity as Commissioner of the Division of Motor Vehicles. Steve Herrod BARBEE v. Rufus L. EDMISTEN, In His Official Capacity as Attorney General of North Carolina; J. Russell Nipper, In His Official Capacity as Clerk of Superior Court of Wake County; and R.W. Wilkins, In His Official Capacity as Commissioner of the Division of Motor Vehicles.

Supreme Court of North Carolina.

February 18, 1986.


Attorney(s) appearing for the Case

Van Camp, Gill and Crumpler, P.A. by William B. Crumpler and Sally H. Scherer, Raleigh, for plaintiffs-appellees.

Lacy H. Thornburg, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., Raleigh, for defendants-appellants.


EXUM, Justice.

The Safe Roads Act of 1983, 1983 N.C. Sess.Laws ch. 435, provides for a mandatory, prehearing ten-day license revocation for drivers charged with an impaired driving offense who fail a breath analysis test. Id. at § 14 (codified at N.C.G.S. § 20-16.5 (1983)). The questions presented by this appeal are whether this statute violates (1) the Due Process and Equal Protection Clauses of the Fourteenth...

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