GREY'S LAW.

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View NCGA Bill Details2015-2016 Session
Senate Bill 619 (Public) Filed Thursday, March 26, 2015
AN ACT TO REQUIRE A 0.02 ALCOHOL CONCENTRATION RESTRICTION ON ALL RESTORATION OF LICENSES REVOKED FOR AN IMPAIRED DRIVING OFFENSE OR REFUSAL TO SUBMIT TO A CHEMICAL ANALYSIS; TO PROVIDE THAT WHERE A PERSON HAS COMMITTED AN IMPLIED-CONSENT OFFENSE AND APPLICABLE LAW REQUIRES A MANDATORY REVOCATION OF THE PERSON'S DRIVERS LICENSE, A REQUEST FOR A HEARING DOES NOT STAY THE REVOCATION; TO REQUIRE IGNITION INTERLOCK SYSTEM RESTRICTIONS ON A LIMITED DRIVING PRIVILEGE ISSUED TO ANYONE WHO IS CONVICTED OF AN ALCOHOL-RELATED OFFENSE OF DRIVING WHILE IMPAIRED, DRIVING AFTER CONSUMING ALCOHOL AND BEING LESS THAN TWENTY-ONE YEARS OF AGE, OR ANY PERSON WHO REFUSES A CHEMICAL ANALYSIS; TO REQUIRE AN EXTENSION OF THE IGNITION INTERLOCK REQUIREMENT PERIOD FOR ANY PERSON WHO VIOLATES THE CONDITIONS FOR RESTORING THE PERSON'S DRIVERS LICENSE AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS; TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH AN IGNITION INTERLOCK SYSTEM; TO MODIFY THE HABITUAL IMPAIRED DRIVING STATUTE; AND TO MAKE VARIOUS OTHER CHANGES.
Intro. by Rabon, Stein, Newton.

Status: Re-ref to Judiciary I. If fav, re-ref to Finance (Senate Action) (May 7 2015)
S 619

Bill Summaries:

  • Summary date: Mar 31 2015 - View Summary

    Provides that this act is to be known as "Grey's Law."

    Amends GS 20-16.2(c1) to provide that an alcohol concentration of 0.08 (was, 0.15) or more is sufficient to trigger the provisions of this subsection that support the law enforcement officer and the chemical analyst as having cause to take that person before an official who is authorized to administer oaths without any unnecessary delay. Current law requires the law enforcement officer to submit a properly executed affidavit as to the basis of the violation under subsection (c1) to the Division of Motor Vehicles (DMV) and directs the DMV to notify the person charged under subsection (c1) that the person's drivers license is revoked for 12 months. Amends subsection (d) of this section to provide that the person may request, in writing, a hearing before the DMV to contest the revocation of the person's license to drive. However, provides that the request does not stop the revocation of the person's license if either of the following apply: (1) the matter is heard before a judicial official under the procedures in GS 20-16.5(e), and the judicial official determines that there is probable cause to believe that the conditions of GS 20-16.5(b)(1) through (3) and GS 20-16.5(b)(4)a. have been met or (2) the matter is presented to a clerk under the procedures in GS 20-16.5(f), and the clerk determines that there is probable cause to believe that the conditions of GS 20-16.5(b)(1) through (3) and GS 20-16.5(b)(4)a. have been met. Deletes provision that a person who properly requests a hearing gets to retain his or her license unless it is revoked under some other provision of law.

    Provides in subsection (d)(5) that the proceedings and revocation under this subsection derive from the notice sent to the person by the DMV and are not vacated by any non-material deficiency in an affidavit executed under subsection (c1).

    Subsection (e1) provides circumstances and criteria for a person whose license has been revoked to apply for a limited driving privilege after six months provided certain requirements are met. Provides that the limited driving privilege has an ignition interlock requirement and lists the specified requirements .

    Makes a conforming change to GS 20-17.8 to provide that the scope of this section applies to a person who had an alcohol concentration of 0.08 (was, 0.15) or higher. Additionally provides that this section applies to a person whose license was revoked as the result of a conviction for driving under the age of 21 years old after drinking alcohol and applies to a person whose license was revoked as the result of a refusal to submit to a chemical analysis under GS 20-16.2. Requires that a person whose license was revoked and has the license restored be restricted to operating for the required period of time a vehicle with a functioning ignition interlock system set to prohibit driving with an alcohol concentration of 0.02 or greater. Requires that the period of time for restrictions on driving run consecutively for persons with convictions for multiple offenses requiring an ignition interlock system.

    Forbids the disabling or removal of an ignition interlock system. Provides that a violation of the restrictions by a person subject to the provisions of this section results in an extension by one year of applicable period of restriction designated in subsection (c) of this section.

    Provides for a right to a hearing in Superior Court if an extension is put in place after a hearing on an extension of restrictions under this section before the DMV. Provides for the standard of review in hearings before Superior Court.

    Repeals GS 20-17.8(f) concerning violations of restrictions of a license restored after certain driving while impaired convictions and Section 6 of SL 2009-369, which amended GS 20-17.8(b).

    Enacts new GS 20-179.5 to clarify that all costs for the installation and monitoring of the ignition interlock system are to be paid by the person ordered to install the system. Also requires the person to pay an administrative fee of $100 for each ignition interlock system installed and limits the DMV to increasing the administrative fee to no more than $150.

    Makes conforming changes to statutes concerning license restoration and limited driving privileges following an impaired driving offense, by prohibiting operating a vehicle with an alcohol concentration of 0.02 or more.

    Makes additional conforming,clarifying, organizational, and technical changes.

    Effective December 1, 2015, and applies to offenses committed on or after that date and restorations for offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this act, and the statutes that would be applicable except for this act remain applicable to those prosecutions.