{
  "id": 8552606,
  "name": "IN RE: JAMES A. GRUBBS, 310 Banner Avenue, Winston-Salem, N. C., N. C. Driver's License Number 1875945",
  "name_abbreviation": "In re Grubbs",
  "decision_date": "1975-03-19",
  "docket_number": "No. 7421SC1028",
  "first_page": "232",
  "last_page": "233",
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      "cite": "25 N.C. App. 232"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "132 S.E. 2d 904",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1963,
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    {
      "cite": "260 N.C. 375",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8574842
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      "year": 1963,
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          "page": "381"
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  "last_updated": "2023-07-14T15:30:12.075015+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Parker and Hedrick concur."
    ],
    "parties": [
      "IN RE: JAMES A. GRUBBS, 310 Banner Avenue, Winston-Salem, N. C., N. C. Driver\u2019s License Number 1875945"
    ],
    "opinions": [
      {
        "text": "CLARK, Judge.\nIt is established that the petitioner has the right to a full de novo review of respondent\u2019s action in the superior court. However, \u201c[o]n appeal and hearing de novo in superior court, that court is not vested with discretionary authority. It makes judicial review of the facts, and if it finds that the license of petitioner is in fact and in law subject to suspension . . . the order of the Department must be affirmed. ...\u201d In Re Donnelly, 260 N.C. 375, 381, 132 S.E. 2d 904, 908 (1963).\nThe facts as found by the trial court are in exact conformity with the suspension provisions of G.S. 20-16 (a) (5). In those circumstances, the respondent had complete authority by law to suspend petitioner\u2019s license, and the superior court judge had no authority to substitute his discretion for that of respondent. Consequently, the judgment below is\nReversed.\nJudges Parker and Hedrick concur.",
        "type": "majority",
        "author": "CLARK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten by Assistant Attorneys General William B. Ray and William W. Melvin for the respondent.",
      "No counsel contra."
    ],
    "corrections": "",
    "head_matter": "IN RE: JAMES A. GRUBBS, 310 Banner Avenue, Winston-Salem, N. C., N. C. Driver\u2019s License Number 1875945\nNo. 7421SC1028\n(Filed 19 March 1975)\nAutomobiles \u00a7 2\u2014 discretionary suspension of license \u2014 authority of superior court to set aside\nUpon appeal from the discretionary suspension of petitioner\u2019s license under G.S. 20-16(a)(5) for the accumulation of eight-points within the three-year period following the reinstatment of his license \u25a0 which had been suspended for the accumulation of twelve points, the superior court had no authority to substitute its discretion for that of the Department of Motor Vehicles by ordering reinstatement of the license where the facts found by the court show the Department had discretion to suspend the license under G.S. 20-16(a) (5).\nAppeal by respondent, North Carolina Department of Motor Vehicles, from Exmn, Judge. Judgment entered 30 August 1974. Heard in the Court of Appeals 18 February 1975.\nThis action arose out of a petition to the superior court to review the action of the respondent, Department of Motor Vehicles, in suspending the petitioner\u2019s driving privileges under G.S. 20-16 (a) (5).\nThe petitioner\u2019s driving privileges were suspended for eight months, effective 25 May 1974, for the accumulation of eight points within the three-year period immediately following the reinstatement of his license which had previously been suspended for the accumulation of twelve points.\nUpon receiving notice that his driving privileges were being suspended, the petitioner asked for a hearing before the respondent. A hearing was conducted, but the suspension was left in effect. Petitioner then started this action which resulted in a hearing before the Forsyth County Superior Court. Pursuant to this hearing, the trial judge entered a judgment ordering the petitioner\u2019s driving privileges restored. From this judgment, the respondent appealed.\nAttorney General Edmisten by Assistant Attorneys General William B. Ray and William W. Melvin for the respondent.\nNo counsel contra."
  },
  "file_name": "0232-01",
  "first_page_order": 260,
  "last_page_order": 261
}