North Carolina § 20-17 - Mandatory revocation of license by Division.

§ 20-17. Mandatory revocation of license by Division.

The Division shall forthwith revoke the license of any driver upon receiving a record of the driver's conviction for any of the following offenses: Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle. Either of the following impaired driving offenses: Impaired driving under G.S. 20-138.1. Impaired driving under G.S. 20-138.2, if the driver's alcohol concentration level was .06 or higher. For the purposes of this sub-subdivision, the driver's alcohol concentration level result, obtained by chemical analysis, shall be conclusive and is not subject to modification by any party, with or without approval by the court. Any felony in the commission of which a motor vehicle is used. Failure to stop and render aid in violation of G.S. 20-166(a) or (b). Perjury or the making of a false affidavit or statement under oath to the Division under this Article or under any other law relating to the ownership of motor vehicles. Conviction, within a period of 12 months, of (i) two charges of reckless driving, (ii) two charges of aggressive driving, or (iii) one or more charges of reckless driving and one or more charges of aggressive driving. Conviction upon one charge of aggressive driving or reckless driving while engaged in the illegal transportation of intoxicants for the purpose of sale. Conviction of using a false or fictitious name or giving a false or fictitious address in any application for a drivers license, or learner's permit, or any renewal or duplicate thereof, or knowingly making a false statement or knowingly concealing a material fact or otherwise committing a fraud in any such application or procuring or knowingly permitting or allowing another to commit any of the foregoing acts. Any offense set forth under G.S. 20-141.4. Repealed by Session Laws 1997-443, s. 19.26(b). Conviction of assault with a motor vehicle. A second or subsequent conviction of transporting an open container of alcoholic beverage under G.S. 20-138.7. A second or subsequent conviction, as defined in G.S. 20-138.2A(d), of driving a commercial motor vehicle after consuming alcohol under G.S. 20-138.2A. A conviction of driving a school bus, school activity bus, or child care vehicle after consuming alcohol under G.S. 20-138.2B. A conviction of malicious use of an explosive or incendiary device to damage property (G.S. 14-49(b) and (b1)); making a false report concerning a destructive device in a public building (G.S. 14-69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14-69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(c1)). A second or subsequent conviction of larceny of motor fuel under G.S. 14-72.5. A conviction for violating G.S. 14-72.5 is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under G.S. 14-72.5 that occurred in the seven years immediately preceding the date of the current offense. On the basis of information provided by the child support enforcement agency or the clerk of court, the Division shall: Ensure that no license or right to operate a motor vehicle under this Chapter is renewed or issued to an obligor who is delinquent in making child support payments when a court of record has issued a revocation order pursuant to G.S. 110-142.2 or G.S. 50-13.12. The obligor shall not be entitled to any other hearing before the Division as a result of the revocation of his license pursuant to G.S. 110-142.2 or G.S. 50-13.12; or Revoke the drivers license of any person who has willfully failed to complete court-ordered community service and a court has issued a revocation order. This revocation shall continue until the Division receives certification from the clerk of court that the person has completed the court-ordered community service. No person whose drivers license is revoked pursuant to this subdivision shall be entitled to any other hearing before the Division as a result of this revocation. History (1935, c. 52, s. 12; 1947, c. 1067, s. 14; 1967, c. 1098, s. 2; 1971, c. 619, s. 7; 1973, c. 18, s. 1; c. 1081, s. 3; c. 1330, s. 2; 1975, c. 716, s. 5; c. 831; 1979, c. 667, ss. 20, 41; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 15; 1989, c. 771, s. 11; 1991, c. 726, s. 7; 1993 (Reg. Sess., 1994), c. 761, s. 1; 1995, c. 506, s. 7; c. 538, s. 2(b); 1997-234, s. 3; 1997-443, s. 19.26(b); 1998-182, s. 18; 1999-257, s. 4.1; 2001-352, s. 3; 2001-487, s. 52; 2004-193, ss. 4, 5; 2006-253, s. 22.2; 2007-493, s. 2.) Cross References. - As to power to suspend or revoke license generally, see G.S. 20-16 and note. As to period of suspension or revocation, see G.S. 20-19 . Editor's Note. - The subsection (b) designation was assigned by the Revisor of Statutes, the designation in Session Laws 1995, c. 538, s. 2(b) having been subdivision (12); the subsection (a) designation was added as well. Effect of Amendments. - Session Laws 2004-193, ss. 4 and 5, effective December 1, 2004, rewrote subdivision (a)(6); and inserted "aggressive driving or" preceding "reckless" in subdivision (a)(7). Session Laws 2006-253, s. 22.2, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote subdivision (a)(2)b. Session Laws 2007-493, s. 2, effective August 30, 2007, substituted "Any offense set forth under G.S. 20-141.4 ." for "Death by vehicle as defined in G.S. 20-141.4 ." in subdivision (a)(9). Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 417. For survey on new penalties for criminal behavior in schools, see 22 Campbell L. Rev. 253 (2000).