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North Carolina v. Bailey5/16/1989
not at whether the court should allow him the opportunity to do so. The statute lists six reasons which might be used to show good cause. Defendant was wrongfully denied the opportunity to offer evidence as to this issue.
Furthermore, the court's abuse is additionally borne out in the trial judge's pretrial statement to defendant's attorney indicating that "under no circumstances [does he] ever grant limited driving privilege ." This statement reflects the court's unwillingness to properly exercise discretion as the statute requires. "Where the record discloses that the court refused to determine a discretionary matter in the exercise of its discretion, but determined the question as a matter of law, the ruling is reviewable . . . ." 1 Strong's N.C. Index 3d Appeal and Error section 54 (1976).
Based upon the foregoing, we reverse the judgment below and remand this case on the sole issue of defendant's eligibility for a limited driving privilege. We will not disturb the remaining portion of that judgment.
Reversed, remanded in part and affirmed in part.
Disposition
Reversed, remanded in part and affirmed in part.
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