On today’s episode Jake takes an in-depth look at one of the most commonly utilized forms in NC DWI cases, the Affidavit and Revocation Report (DHHS 3907). Filled out in nearly every DWI cited statewide, this paper is used primarily to revoke a person’s license for the purposes of a civil revocation and in willful refusal cases for the purpose of a refusal revocation. In this episode, Jake discusses how to examine this affidavit to challenge a civil revocation or refusal revocation of your client’s driver’s license.
Highlights:
Hear Jake explain how to get a legible copy of this form if your client cannot provide a copy.
Understand the policy arguments behind challenging the statutory limitations of the Division of Motor Vehicles, and how to argue this limited authority in a hearing.
Listen as Jake discusses the lead case of Lee v. Gore, 365 N.C. 227, 717 S.E.2d 356 (2011) and its progeny.
Discover the relationship between the Affidavit and Revocation Report and the Rights Form (DHHS 4081).
