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COLE v. FAULKNER

No. COA01-1483.

573 S.E.2d 614 (2002)

Jimmy Ray COLE, Petitioner, v. Janice FAULKNER, Commissioner, North Carolina Division of Motor Vehicles, Respondent.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Kirk, Kirk, Howell, Cutler & Thomas, L.L.P, by Joseph T. Howell and Jeffrey M. Cutler, Wendell, for petitioner-appellant.

Roy Cooper, Attorney General, by Jeffrey R. Edwards, Assistant Attorney General, for the State.

THOMAS, Judge.

The trial court here affirmed an order of the Division of Motor Vehicles (DMV) cancelling the conditional restoration of driving privileges for petitioner, Jimmy Ray Cole. He now appeals and for the reasons herein, we reverse.

Cole's driving privileges had been revoked due to convictions for driving while impaired from 1973 to 1995. On 17 July 2000, a hearing was held with the DMV conditionally restoring his privileges pursuant to N.C. Gen.Stat...

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