20-28.1. Conviction of moving offense committed while driving during period of suspension or revocation of license.
(a) 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.
(b) When a driving privilege is subject to revocation under this section, the additional period of revocation shall be as follows:
(1) A first such revocation shall be for one year;
(2) A second such revocation shall be for two years; and
(3) A third or subsequent such revocation shall be permanent.
(c) A person whose license has been revoked under this section for one year may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked under this section permanently may apply for a license after three years.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.
(d) Repealed by Session Laws 1979, c. 378, s. 2. (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.)
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.