Johnson v. Robertson
227 N.C. App. 281
| N.C. Ct. App. | 2013Background
- On 3 December 2009, Officer Pereira detected a strong odor of alcohol from Johnson during a traffic stop.
- Johnson exhibited red, glassy eyes and unsteady gait; he admitted consuming eight or nine beers.
- Petitioner was arrested for driving while impaired and refused a breathalyzer test.
- DMV notified Johnson that his license would be revoked for one year for refusal under § 20-16.2(d).
- An administrative hearing before DMV upheld the license revocation on 26 May 2010.
- Johnson petitioned for judicial review; collateral estoppel issue arose but was not litigated in brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Rules of Evidence apply at DMV hearings under § 20-16.2? | Johnson argued Rules of Evidence apply to DMV hearings. | State contended Rules of Evidence do not apply to § 20-16.2 hearings. | Rules of Evidence do not apply. |
| Was the evidence sufficient to support the Commissioner’s findings and conclusions? | Johnson claimed findings lack competent evidence. | State argued findings supported by the record. | Evidence sufficient; findings and conclusions affirmed. |
| Was collateral estoppel properly preserved and considered on appeal? | Johnson raised collateral estoppel as central issue in trial court. | State did not contest preservation; issue argued in trial court only. | Issue deemed abandoned; not addressed on appeal. |
Key Cases Cited
- Joyner v. Garrett, 279 N.C. 226 (1971) (pre-1984 evidentiary rule context; reliance on statutory timing)
- Wentz v. Unifi, Inc., 89 N.C. App. 33 (1988) (business records exception admissibility)
- Keith v. Polier, 109 N.C. App. 94 (1993) (police reports admissibility as hearsay exception)
- State v. Hester, 343 N.C. 266 (1996) (regularity of DMV proceedings; appeal standards)
- Gibson v. Faulkner, 132 N.C. App. 728 (1999) (standard for appellate review of findings of fact)
- Amanini v. N.C. Dep’t of Hum. Res., 114 N.C. App. 668 (1994) (appropriate appellate standard under § 20-16.2)
- ACT-UP Triangle v. Comm’n for Health Servs., 345 N.C. 699 (1997) (scope of judicial review for agency action)