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DAVIS v. HIATT

No. 8810SC517.

376 S.E.2d 44 (1989)

92 N.C. App. 748

James Sidney DAVIS v. William S. HIATT, Commissioner, North Carolina Division of Motor Vehicles.

Court of Appeals of North Carolina.

February 7, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Mabel Y. Bullock, Raleigh, for the Div. of Motor Vehicles, respondent-appellant.

George R. Barrett, Raleigh, for petitioner-appellee.

EAGLES, Judge.

The threshold issue in this case is whether the superior court had jurisdiction to review the order of revocation issued by the Division of Motor Vehicles (DMV) to petitioner. G.S. 20-25 provides statutory authority for judicial review of drivers' license revocations by the DMV. The statute states that

[a]ny person denied a license or whose license has been canceled, suspended or revoked by the Division, except where such cancellation is mandatory...

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