Bill Summary for H 738 (2013-2014)

Summary date: 

Apr 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 738 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO REPEAL THE PUNISHMENT OF REVOKING A PERSON'S DRIVERS LICENSE FOR COMMITTING CERTAIN DRIVING WHILE LICENSE REVOKED OFFENSES, TO MAKE DRIVING WHILE LICENSE REVOKED A NONMOVING VIOLATION FOR CERTAIN PURPOSES, AND TO MAKE OTHER CONFORMING CHANGES.
Intro. by Bryan, Schaffer.

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Bill summary

Identical to S 585, filed 4/2/13.

Amends GS 20-28, establishing that any person who drives with their licensed revoked is guilty of a Class 1 misdemeanor.  Except that in cases where a person satisfies the criteria of GS 20-28(a1) or whose drivers license was revoked pursuant to GS 20-24.1 is only guilty of an infraction.  Other specified situations, including having a license revoked for an impaired driving license revocation as defined in GS 20-28.2(a), or pursuant to GS 20-16(a)(5), or the person was charged with violating any restriction of GS 20-179.3, as well as, any restriction relating to the installation or use of an ignition interlock, pursuant to GS 20-17.8, will result in the person's license being revoked for an additional period of one year for a first offense, two years for the second offense, and permanently for a third or subsequent offense (was, upon conviction of the Class 1 misdemeanor a license was revoked for an additional one year period for a first offense, two years for the second offense, and permanently for a third). Provides that a violation of driving while license revoked, that does not result in an additional period of license revocation, will not be considered a moving violation. Provides that when a license is revoked where the license was originally revoked for impaired driving, license revocation, as defined in GS 20-28.2(a), or charged with violating 20-28(a) based on a violation of GS 20-179.3, or in regards to any restriction relating to the installation or use of an ignition interlock pursuant to GS 20-17.8, the license may  be restored conditionally by the DMV pursuant to GS 20-28(c4).

Amends GS 20-28.1(a), setting out, for the purposes of this subsection, offenses which are not considered moving offenses, including a violation of GS 20-28(a1), a violation of GS 20-28(a) that does not require an additional period of license revocation, and a violation of GS 20-7 for operating a motor vehicle without an operator's license. Amends GS 20-20.1(b)(3), providing that a person is eligible for a limited driving privilege if certain specified conditions apply, including that the person's underlying offense is not an impaired driving license revocation under GS 20-28.2(a), a violation of a restriction of GS 20-179.3, or in regards to any restriction relating to the installation or use of an ignition interlock pursuant to GS 20-17.8. Makes clarifying changes.

Effective December 1, 2013, applying to offenses committed on or after that date.

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