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LEE v. GORE

No. 418A10.

717 S.E.2d 356 (2011)

Richard James LEE, Petitioner v. William C. GORE, Jr., as Commissioner of the Division of Motor Vehicles, North Carolina Department of Transportation, Respondent.

Supreme Court of North Carolina.

August 26, 2011.

Attorney(s) appearing for the Case

Richard J. Lee , pro se, petitioner-appellee.

Roy Cooper , Attorney General, by William P. Hart, Jr. and Christopher W. Brooks , Assistant Attorneys General, for respondent-appellant.

TIMMONS-GOODSON, Justice.

The question presented is whether the Division of Motor Vehicles ("DMV") may revoke driving privileges for a willful refusal to submit to chemical analysis absent receipt of an affidavit swearing that the refusal was indeed willful. Because N.C.G.S. § 20-16.2(d) requires that the DMV first receive a "properly executed affidavit" from law enforcement swearing to a willful refusal to submit to chemical analysis before revoking driving...

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