STATE OF NORTH CAROLINA	IN THE GENERAL COURT OF JUSTICE

__________________ COUNTY	_________________ COURT DIVISION

FILE NO. ________________________

__________________________,

Petitioner,

MOTION FOR REVIEW OF DRIVERS LICENSE SUSPENSION AND PETITION FOR TRO

Michael D. Robertson,

Commissioner of the North Carolina

Department of Motor Vehicles,

Respondent.

____________________________________________________________________________

NOW COMES _________________, Petitioner, through his/her attorney

______________________ and respectfully shows unto the Court:

1.	That the Petitioner is a resident of ____________ County, North Carolina,

and that the Respondent is a duly appointed Commissioner of the North Carolina

Department of Motor Vehicles.

2.	That the Respondent has revoked the Petitioner's driving privilege for allegedly

refusing to submit to a chemical analysis.

3.	That the Petitioner was granted a hearing before Hearing Officer ____________

of the Department of Motor Vehicles.

4.	That revocation order was sustained at said hearing, and the Petitioner was

notified of the decision sustaining said revocation by letter.

5.	That the aforesaid decision of the Department of Motor Vehicles was contrary to

the facts and the law and is, therefore, erroneous.

6.	That the decision by the Department of Motor Vehicles exceeded their authority, and did not afford the Petitioner due process of law.

7.	That the Petitioner did not, in fact, willfully refuse to submit to a chemical test

as required by General Statutes Section 20-16.2.

8.	That the Petitioner requests a hearing de novo concerning said revocation

pursuant to General Statutes Section 20-16.2(e), and General Statutes Section

20-15, or failing that, a review of the record.

WHEREFORE THE PETITIONER PRAYS THE COURT:

1.	That a temporary restraining order reinstating Petitioner's driving privilege pending a

a hearing of this matter on its merits be issued herein and be made permanent upon the

hearing to be held herein as by law provided.

2.	That the Petitioner be granted a hearing de novo after (30) thirty days written notice to

the Department of Motor Vehicles with respect to the attempted revocation of his/her

driving privilege provided by N.C.G.S. § 20-16.2, N.C.G.S. Section 20-25; and that the

attempted revocation of the Petitioner's privilege to drive be declared null and void, or

failing that, a review of the record and relief there upon.

3.	For such other and further relief as the Court may deem just and proper.

This is the _____________day of _______________, 20_______.

___________________________

Marcus E. Hill

Attorney for Petitioner

311 East Main Street

Durham, North Carolina 27701

(919) 688-1941