(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(c) A person whose license has been revoked under this section for one year may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked under this section permanently may apply for a license after three years.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(d) Repealed by Session Laws 1979, c. 378, s. 2.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.)
Notes of Decisions
Underwood v. Howland, 164 S.E.2d 2 (N.C. 1968).
· cites it 7× “Upon these admitted facts, is revocation of plaintiff’s license for a period of one year mandatory under the provisions of G.S. 20-28.1? If so, is a period of suspension beginning March 4, 1968, and ending March 4, 1969, authorized by G.”
Walters v. Cooper, 739 S.E.2d 185 (N.C. Ct. App. 2013).
· cites it 2× “Subsequently, the Department of Motor Vehicles revoked the defendant’s license pursuant to the then-applicable version of N.C. Gen. Stat. § 20-28.1 , which permitted the DMV to revoke a driver’s license upon conviction of a moving violation during a period of suspension.”
Evans v. Roberson, 333 S.E.2d 228 (N.C. 1985).
· cites it 13× “Defendant’s order of revocation was entered pursuant to G.S. 20-28.1. 2. Plaintiff has not been convicted of a moving violation since that date.”
Evans v. Roberson, 317 S.E.2d 715 (N.C. Ct. App. 1984).
· cites it 13× “Our research discloses that G.S. 20-28.1 was enacted in 1965 as an additional single provision of the Uniform Driver’s License Act of 1935 (G.”
Ennis v. Garrett, 184 S.E.2d 246 (N.C. 1971).
· cites it 4× “G.S. 20-28.1 (a) provides, “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 Department shall revoke such person’s…”
Underwood v. Howland, 162 S.E.2d 124 (N.C. Ct. App. 1968).
· cites it 4× “This brings us to a consideration of G.S. 20-28.1, pertinent provisions of which are as follows: “Conviction of moving violation committed while driving during period of suspension or revocation of license.”
Eibergen v. Killens, 477 S.E.2d 684 (N.C. Ct. App. 1996).
· cites it 6× “” Thereafter, petitioner received notice from respondent that his driver’s license was revoked for one year for having committed a moving violation during a period when his driver’s license was revoked pursuant to N.C. Gen. Stat. § 20-28.1 (b)(1) (1993). The moving violation…”
Carson v. Godwin, 153 S.E.2d 473 (N.C. 1967).
“The subsequent moving violations during the period of the first suspension made revocation for an additional period mandatory under G.S. 20-28.1. In this case the evidence is sufficient to support the facts found by Judge Anglin and they in turn sustain the conclusions of law…”
Mace v. NC Dep't of Ins. (N.C. Ct. App. 2020).
· cites it 2× “The Department of Motor Vehicles (“DMV”) subsequently revoked defendant’s license pursuant to the then-applicable version of N.C. Gen. Stat. § 20-28.1 , which mandated that the DMV revoke an individual’s driver’s license upon his conviction of a moving violation during a period…”
Mace v. NC Dep't of Ins. (N.C. Ct. App. 2020).
· cites it 2× “The Department of Motor Vehicles (“DMV”) subsequently revoked defendant’s license pursuant to the then-applicable version of N.C. Gen. Stat. § 20-28.1 , which mandated that the DMV revoke an individual’s driver’s license upon his conviction of a moving violation during a period…”
Taylor v. Garrett, 173 S.E.2d 31 (N.C. Ct. App. 1970).
· cites it 4× “e effect of saying that if he “sent to” or “filed with” the DMV immediately following 21 September 1964 a “SR-22 insurance certificate,” his driving privilege was automatically reinstated and the moving violations thereafter occurring in June and November 1965 and October 1966…”
State v. Beasley, 311 S.E.2d 347 (N.C. Ct. App. 1984).
“Justice Lake, in affirming the lower court ruling that the order revoking the driving privilege of the petitioner was in excess of the Commissioner’s authority, stated the following: When the period of revocation stated in the order of revocation terminates, the license is no…”
— N.C. Gen. Stat. § 20-28.1(c) — 2 cases
Evans v. Roberson, 333 S.E.2d 228 (N.C. 1985).
“Defendant’s order of revocation was entered pursuant to G.S. 20-28.1. 2. Plaintiff has not been convicted of a moving violation since that date.”
Evans v. Roberson, 317 S.E.2d 715 (N.C. Ct. App. 1984).
“Our research discloses that G.S. 20-28.1 was enacted in 1965 as an additional single provision of the Uniform Driver’s License Act of 1935 (G.”
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