20-25. Right of appeal to court.
Any person denied a license or whose license has been canceled, suspended or revoked by the Division, except where such cancellation is mandatory under the provisions of this Article, shall have a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county wherein such person shall reside, or to the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in such district in which the violation was committed, and such court or judge is hereby vested with jurisdiction and it shall be its or his duty to set the matter for hearing upon 30 days' written notice to the Division, and thereupon to take testimony and examine into the facts of the case, and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of this Article. Provided, a judge of the district court shall have limited jurisdiction under this section to sign and enter a temporary restraining order only. (1935, c. 52, s. 19; 1975, c. 716, s. 5; 1987, c. 659.)
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.