20-17.1. Revocation of license of mental incompetents, alcoholics and habitual users of narcotic drugs.
(a) The Commissioner, upon receipt of notice that any person has been legally adjudicated incompetent or has been involuntarily committed to an institution for the treatment of alcoholism or drug addiction, shall forthwith make inquiry into the facts for the purpose of determining whether such person is competent to operate a motor vehicle. If a person has been adjudicated incompetent under Chapter 35A of the General Statutes, in making an inquiry into the facts, the Commissioner shall consider the clerk of court's recommendation regarding whether the incompetent person should be allowed to retain his or her driving privilege. Unless the Commissioner is satisfied that such person is competent to operate a motor vehicle with safety to persons and property, he shall revoke such person's driving privilege. Provided that if such person requests, in writing, a hearing, he shall retain his license until after the hearing, and if the revocation is sustained after such hearing, the person whose driving privilege has been revoked under the provisions of this section, shall have the right to a review by the review board as provided in G.S. 20-9(g)(4) upon written request filed with the Division.
(b) If any person shall be adjudicated as incompetent or is involuntarily committed for the treatment of alcoholism or drug addiction, the clerk of the court in which any such adjudication is made shall forthwith send a certified copy of abstract thereof to the Commissioner.
(c) Repealed by Session Laws 1973, c. 475, s. 31/2.
(d) It is the intent of this section that the provisions herein shall be carried out by the Commissioner of Motor Vehicles for the safety of the motoring public. The Commissioner shall have authority to make such agreements as are necessary with the persons in charge of every institution of any nature for the care and treatment of alcoholics or habitual users of narcotic drugs, to effectively carry out the duty hereby imposed and the person in charge of the institutions described above shall cooperate with and assist the Commissioner of Motor Vehicles.
(e) Notwithstanding the provisions of G.S. 8-53, 8-53.2, and Article 3 of Chapter 122C of the General Statutes, the person or persons in charge of any institution as set out in subsection (a) hereinabove shall furnish such information as may be required for the effective enforcement of this section. Information furnished to the Division of Motor Vehicles as provided herein shall be confidential and the Commissioner of Motor Vehicles shall be subject to the same penalties and is granted the same protection as is the department, institution or individual furnishing such information. No criminal or civil action may be brought against any person or agency who shall provide or submit to the Commissioner of Motor Vehicles or his authorized agents the information as required herein.
(f) Revocations under this section may be reviewed as provided in G.S. 20-9(g)(4). (1947, c. 1006, s. 9; 1953, c. 1300, s. 36; 1955, c. 1187, s. 16; 1969, c. 186, s. 1; c. 1125; 1971, c. 208, ss. 1, 11/2; c. 401, s. 1; c. 767; 1973, c. 475, s. 31/2; c. 1362; 1975, c. 716, s. 5; 1983, c. 768, s. 3; 1987, c. 720, s. 1; 2008-182, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Uniform Driver's License Act.
§ 20-7 - Issuance and renewal of drivers licenses.
§ 20-7.1 - Notice of change of address or name.
§ 20-7.3 - Availability of organ, eye, and tissue donor cards at motor vehicle offices.
§ 20-7.4 - License to Give Trust Fund established.
§ 20-7.5 - License to Give Trust Fund Commission established.
§ 20-7.6 - Powers and duties of the License to Give Trust Fund Commission.
§ 20-8 - Persons exempt from license.
§ 20-9 - What persons shall not be licensed.
§ 20-9.2 - Selective service system registration requirements.
§ 20-9.3 - Notification of requirements for sex offender registration.
§ 20-10 - Age limits for drivers of public passenger-carrying vehicles.
§ 20-12.1 - Impaired supervision or instruction.
§ 20-13 - Suspension of license of provisional licensee.
§ 20-13.2 - Grounds for revoking provisional license.
§ 20-15 - Authority of Division to cancel license or endorsement.
§ 20-15.1 - Revocations when licensing privileges forfeited.
§ 20-16 - Authority of Division to suspend license.
§ 20-16.01 - Double penalties for offenses committed while operating a commercial motor vehicle.
§ 20-16.3A - Checking stations and roadblocks.
§ 20-17 - Mandatory revocation of license by Division.
§ 20-17.1A - Restoration of license for person adjudicated to be restored to competency.
§ 20-17.3 - Revocation for underage purchasers of alcohol.
§ 20-17.4 - Disqualification to drive a commercial motor vehicle.
§ 20-17.5 - Effect of disqualification.
§ 20-17.7 - Commercial motor vehicle out-of-service fines authorized.
§ 20-17.8A - Tampering with ignition interlock systems.
§ 20-18 - Conviction of offenses described in § 1 not ground for suspension or revocation.
§ 20-20.1 - Limited driving privilege for certain revocations.
§ 20-20.2 - Processing fee for limited driving privilege.
§ 20-21 - No operation under foreign license during suspension or revocation in this State.
§ 20-22 - Suspending privileges of nonresidents and reporting convictions.
§ 20-23 - Revoking resident's license upon conviction in another state.
§ 20-23.1 - Suspending or revoking operating privilege of person not holding license.
§ 20-24.2 - Court to report failure to appear or pay fine, penalty or costs.
§ 20-25 - Right of appeal to court.
§ 20-26 - Records; copies furnished; charge.
§ 20-27 - Availability of records.
§ 20-28.4 - Release of impounded motor vehicles by judge.
§ 20-28.5 - Forfeiture of impounded motor vehicle or funds.
§ 20-28.7 - Responsibility of Division of Motor Vehicles.
§ 20-28.8 - Reports to the Division.
§ 20-29 - Surrender of license.
§ 20-29.1 - Commissioner may require reexamination; issuance of limited or restricted licenses.
§ 20-31 - Making false affidavits perjury.
§ 20-32 - Unlawful to permit unlicensed minor to drive motor vehicle.
§ 20-34 - Unlawful to permit violations of this Article.
§ 20-34.1 - Violations for wrongful issuance of a drivers license or a special identification card.
§ 20-35 - Penalties for violating Article; defense to driving without a license.
§ 20-36 - Ten-year-old convictions not considered.
§ 20-37 - Limitations on issuance of licenses.