in the Court of Appeals 11 January 2017
by Respondents from order entered 24 May 2016 by Judge Daniel
A. Kuehnert in Mecklenburg County No. 15-CVS-23668 Superior
Brotherton, Knox & Godfrey, by Allen C. Brotherton, for
Attorney General Joshua H. Stein, by Assistant Attorney
General Kathryne E. Hathcock, for Respondent-Appellant.
Carolina Division of Motor Vehicles and the Commissioner of
Motor Vehicles (collectively referred to as "the
DMV" or the "Respondents") appeal from a
trial court order reversing an agency decision that revoked
Jennifer Anne Wolski's driver's license. After
careful review, we affirm the trial court's order.
April 2015, a Huntersville police officer arrested Jennifer
Anne Wolski for driving while under the influence.
being advised of her rights under N.C. Gen. Stat. §
20-16.2(a) (2013) at police department headquarters, Ms.
Wolski refused to both submit to a breathalyzer test and sign
the provided statutory form ("Rights Form").
officer, who is a certified chemical analyst, executed a
sworn affidavit and revocation report that contained conflicting
information regarding Ms. Wolski's refusal to submit to
breathalyzer testing. Although the affidavit referred to an
attached Rights Form as evidence of Ms. Wolski's refusal
to submit to testing, the attached Rights Form did
not indicate that Ms. Wolski had refused testing.
officer later amended the attached Rights Form to reflect Ms.
Wolski's refusal to submit to testing. The officer did
not re-execute the affidavit to reflect this change.
notified Ms. Wolski of the impending revocation of her
driver's license. Ms. Wolski requested a hearing to
challenge the imminent revocation on jurisdictional grounds.
The hearing officer rejected Ms. Wolski's jurisdictional
arguments and affirmed the DMV's decision to revoke her
Wolski appealed the DMV hearing officer's decision. The
trial court reversed the revocation of Ms. Wolski's