(a) Whenever the Division is authorized or required to give any notice under this Chapter or other law regulating the operation of vehicles, unless a different method of giving such notice is otherwise expressly prescribed, such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the Division. The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice. In lieu of providing notice by personal delivery or United States mail, the Division may give notice under this Chapter by email or other electronic means if the person to be notified has consented to receiving notices via electronic means and has provided the Division an email address or other like electronic address for receiving the notices. Proof of the giving of notice in any such manner pursuant to this section may be made by a notation in the records of the Division that the notice was sent to a particular address, physical or electronic, and the purpose of the notice. A certified copy of the Division's records may be sent by the Police Information Network, facsimile, or other electronic means. A copy of the Division's records sent under the authority of this section is admissible as evidence in any court or administrative agency and is sufficient evidence to discharge the burden of the person presenting the record that notice was sent to the person named in the record, at the physical or electronic address indicated in the record, and for the purpose indicated in the record. There is no requirement that the actual notice or letter be produced.
(a1) A person may consent to receive any notice under this Chapter by electronic delivery by completing a written or electronic authorization for this method of delivery. The authorization must advise the person that all of the following apply to consent to electronic delivery of a notice:
(1) Consent is effective until it is revoked in accordance with the procedure set by the Division.
(2) At the option of the Division, electronic delivery may be the only method of delivery.
(3) A notice sent by electronic delivery to an email or electronic address is considered to have been received even if the person to whom it is sent does not receive it.
(a2) A person who consents to electronic notification pursuant to this section shall notify the Division of any change or discontinuance of any email or electronic address provided to the Division in accordance with the provisions of this section and G.S. 20-7.1(a). Upon the failure of a person to notify the Division of any change or discontinuance of an electronic notification pursuant to this section, any notices sent to the original or discontinued electronic address shall be deemed to have been received by the person and a copy of the Division's records sent under the authority of this section is sufficient evidence that notice was sent to the person named in the record, at the physical or electronic address indicated in the record, and for the purpose indicated in the record.
(b) Notwithstanding any other provision of this Chapter at any time notice is now required by registered mail with return receipt requested, certified mail with return receipt requested may be used in lieu thereof and shall constitute valid notice to the same extent and degree as notice by registered mail with return receipt requested.
(c) The Commissioner shall appoint such agents of the Division as may be needed to serve revocation notices required by this Chapter. The fee for service of a revocation notice by personal delivery shall be fifty dollars ($50.00). (1937, c. 407, s. 13; 1955, c. 1187, s. 21; 1971, c. 1231, s. 1; 1975, c. 326, s. 3; c. 716, s. 5; 1983, c. 761, s. 148; 1985, c. 479, s. 171; 2006-253, s. 21; 2016-90, s. 10(c); 2025-25, s. 29(1).)
Notes of Decisions
Cited in
21
cases, 1969–2018 · leading case:
State v. Coltrane, 645 S.E.2d 793 (N.C. Ct. App. 2007).
State v. Coltrane, 645 S.E.2d 793 (N.C. Ct. App. 2007).
· cites it 28× “The State presented no evidence tending to show defendant ever provided DMV with a different address from his street address contained on the certified driver's license report, or that the report contained any other address.”
State v. Atwood, 225 S.E.2d 543 (N.C. 1976).
· cites it 4× “Notice was mailed on 23 September 1974 and would have been complete under G.S. 20-48 upon the expiration of four days.”
State v. Teasley, 176 S.E.2d 838 (N.C. Ct. App. 1970).
· cites it 7× “We hold that the portion of the foregoing certificates which purports to show that they were-“ (s)worn to and subscribed” before a notary public on 24 March 1970 is surplusage and does not vitiate their effect as certificates under the provisions of G.S. 20-48 and G.S. 8-35. In…”
State v. Coltrane, 656 S.E.2d 322 (N.C. Ct. App. 2008).
· cites it 6× “N.C. Gen. Stat. § 20-48 (a) (2007). Thus, the State satisfies its burden that defendant had knowledge his license was revoked “when, nothing else appearing, it has offered evidence of compliance with the notice requirements of G.”
State v. Curtis, 326 S.E.2d 90 (N.C. Ct. App. 1985).
· cites it 7× “The defendant contends that his conviction should be reversed for the following reasons: (1) the defendant’s stipulation was not specific enough to show knowledge of the revocation; (2) the defendant’s use of the words “mail date of suspension January 17, 1983” was not…”
State v. Green, 811 S.E.2d 666 (N.C. Ct. App. 2018).
· cites it 6× “If the State presents evidence that the DMV mailed notice of a defendant's license revocation to the address on file for the defendant in compliance with N.C.G.S. § 20-48 at least four days before the DWLR offense, a "prima facie presumption that the defendant received the…”
State v. Cruz, 620 S.E.2d 251 (N.C. Ct. App. 2005).
· cites it 7× “Proof of the giving of notice in either such manner *698 may be made by the certificate of any officer or employee of the Division or affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place, and manner of the…”
State v. Chester, 226 S.E.2d 524 (N.C. Ct. App. 1976).
· cites it 3× “Judge Mallard, for the Court, wrote: “There is nothing in the statute [G.”
State v. Funchess, 540 S.E.2d 435 (N.C. Ct. App. 2000).
· cites it 2× “The State’s evidence tended to show that it complied with the provisions for giving notice of revocation or suspension of a driver’s license found in N.C. Gen. Stat. § 20-48 . “[W]here there is no evidence that defendant did not receive the notice mailed by the Department [of…”
State v. Sellers, 293 S.E.2d 226 (N.C. Ct. App. 1982).
· cites it 4× “The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice.”
State v. Blackwell, 603 S.E.2d 168 (N.C. Ct. App. 2004).
· cites it 4× “Although the preferred method for proving a defendant's knowledge of license suspension or revocation is by showing the required notice under N.C. Gen. Stat. § 20-48 was given, under the unique facts of this case, we conclude Defendant's guilty plea to driving while license…”
State v. Richardson, 385 S.E.2d 194 (N.C. Ct. App. 1989).
“20-28 violation when, ‘nothing else appearing, it has offered evidence of compliance with the notice requirements of G.S. 20-48 ....’” State v. Curtis, 73 N.C.”
— N.C. Gen. Stat. § 20-48(a) — 4 cases
State v. Coltrane, 645 S.E.2d 793 (N.C. Ct. App. 2007).
“The State presented no evidence tending to show defendant ever provided DMV with a different address from his street address contained on the certified driver's license report, or that the report contained any other address.”
State v. Coltrane, 656 S.E.2d 322 (N.C. Ct. App. 2008).
“N.C. Gen. Stat. § 20-48 (a) (2007). Thus, the State satisfies its burden that defendant had knowledge his license was revoked “when, nothing else appearing, it has offered evidence of compliance with the notice requirements of G.”
State v. Sellers, 293 S.E.2d 226 (N.C. Ct. App. 1982).
“The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice.”
State v. Curtis, 326 S.E.2d 90 (N.C. Ct. App. 1985).
“The defendant contends that his conviction should be reversed for the following reasons: (1) the defendant’s stipulation was not specific enough to show knowledge of the revocation; (2) the defendant’s use of the words “mail date of suspension January 17, 1983” was not…”
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