POWERS v. TATUM

No. COA08-137.

676 S.E.2d 89 (2009)

John Weskett POWERS, Plaintiff, v. George TATUM, Commissioner of the N.C. Division of Motor Vehicles, Defendant.

Court of Appeals of North Carolina.

May 5, 2009.


Attorney(s) appearing for the Case

George B. Currin, Raleigh, for plaintiff-appellant.

Attorney General Roy Cooper, by Assistant Attorney General Christopher W. Brooks and Associate Attorney General Jess D. Mekeel, for respondent-appellee.


STEELMAN, Judge.

The district court's dismissal of the criminal charge of driving while impaired based upon a violation of petitioner's right to have a witness present did not operate as collateral estoppel on the issue of willful refusal to submit to an Intoxilyzer test in a subsequent administrative license revocation hearing. Where petitioner fails to challenge any of the trial court's findings of fact on appeal, they are binding on the appellate court, and establish...

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