North Carolina § 20-28 - 1. Conviction of moving offense committed while driving during period of suspension or revocation of license.

§ 20-28. 1. Conviction of moving offense committed while driving during period of suspension or revocation of license.

Upon receipt of notice of conviction of any person of a motor vehicle moving offense, such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof. For purposes of this section a violation of G.S. 20-7(a), 20-24.1, or 20-28(a) or (a2) shall not be considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor vehicle or the person held a commercial drivers license at the time of the offense. When a driving privilege is subject to revocation under this section, the additional period of revocation shall be as follows: A first such revocation shall be for one year; A second such revocation shall be for two years; and A third or subsequent such revocation shall be permanent. A person whose license has been revoked under this section for one year may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked under this section permanently may apply for a license after three years. Upon the filing of an application, the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, or a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provision of the drug laws of this State or another state when any of these violations occurred during the revocation period. The Division may impose any restrictions or conditions on the new license that the Division considers appropriate for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years. Repealed by Session Laws 1979, c. 378, s. 2. History (1965, c. 286; 1969, c. 348; 1971, c. 163; 1973, c. 47, s. 2; 1975, c. 716, s. 5; 1979, c. 378, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1991, c. 509, s. 1; c. 682, s. 6; c. 726, s. 22.1; 2015-186, s. 3; 2015-264, s. 86.) Editor's Note. - Session Laws 2015-186, s. 1, provides: "This act shall be known as the 'North Carolina Drivers License Restoration Act.'" Session Laws 2015-186, which, in s. 3, deleted "except a conviction punishable under G.S. 20-28(a1) " following "motor vehicle moving offense" in the first sentence and added the last sentence of subsection (a), in s. 7, as amended by Session Laws 2015-264, s. 86, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2015-186, s. 3, effective December 1, 2015, deleted "except a conviction punishable under G.S. 20-28(a1) " following "motor vehicle moving offense" in the first sentence and added the last sentence of subsection (a). For effective date and applicability, see Editor's note.