In Re Revocation Of License Of Wright

In In re Revocation of License of Wright, 228 N.C. 584, 46 S.E.2d 696 (1948)I, the North Carolina Department of Motor Vehicles (DMV) was notified by South Carolina authorities that Mr. Wright had been found guilty of driving while intoxicated in that state. In its discretion, DMV suspended Mr. Wright's driving privilege and Mr. Wright petitioned the superior court for review pursuant to the provisions of the motor vehicle law. The statute then in effect N.C. Gen. Stat. 20-25 provided that the superior court was "'to take testimony and examine into the facts of the case, and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this article.'" Wright I, 228 N.C. at 303, 45 S.E.2d at 372 . After a hearing, the superior court found that Wright's license was "wrongfully revoked," and ordered its restoration. On appeal, our Supreme Court affirmed the judgment of the trial court. The Supreme Court described the hearing in superior court as "more than a review as upon a writ of certiorari. It is a rehearing de novo, and the judge is not bound by the findings of fact or the conclusions of law made by the department. Else why 'take testimony,' 'examine into the facts,' and 'determine' the question at issue?" Id.