COOKE v. FAULKNER

No. COA99-555.

529 S.E.2d 512 (2000)

Michael Gray COOKE, Plaintiff, v. Janice FAULKNER, Commissioner, North Carolina Division of Motor Vehicles, Defendant.

Court of Appeals of North Carolina.

May 2, 2000.


Attorney(s) appearing for the Case

David R. Tanis, Winston-Salem, for plaintiff-appellant.

Attorney General Michael F. Easley, by Associate Attorney General Kimberly P. Hunt, for defendant-appellee.


TIMMONS-GOODSON, Judge.

Michael Gray Cooke ("plaintiff") appeals the dismissal of his complaint pursuant to Rules 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim upon which relief could be granted.

Plaintiff was convicted of Driving While Impaired on 6 January 1988, 15 April 1988, and 6 July 1992. As a result of operating a moped on 25 August 1993 while impaired, plaintiff was convicted of Habitual Impaired Driving...

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