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  1. #1
    Join Date
    Apr 2014
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    1

    Default Driving on a Permanently Revoked License

    My question involves criminal law for the state of: North Carolina
    My question is in 2 parts. In 2008 my son was convicted of a felony DUI in NC and spent 13 months in jail in NC. His license were permanently revoked. Since then he does not drink, let alone drink and drive. He has really fixed his life. He has a lot responsibilities with bills and he owns his own business.

    Having said that, he still lives in NC and he has to drive in order to take care of his responsibilities and run his business. Since then he has not had any traffic violations, and everyday he is worried he will get caught driving knowing his history.

    A few days ago he was driving in South Carolina and he was pulled over in a neighborhood not aware the speed limit was 25. They gave him a ticket for for driving 34 in a 25 and arrested him for no drivers license. When the officer in SC called the DMV in NC did not tell the arresting officer why his license were revoked. He paid the fine and was released.
    My question is, can or will the DMV in North Carolina issue a warrant for his arrest for driving in South Carolina? And is there anyway he can every get his license reinstated?
    I hope someone responds soon.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ticket in Sc on Revoked License in North Carolina

    Having said that, he still lives in NC and he has to drive in order to take care of his responsibilities and run his business. Since then he has not had any traffic violations, and everyday he is worried he will get caught driving knowing his history.
    so regardless of the fact he does not have a license, or actually even worse, his license was revoked, he apparently does not feel the the risk is enough to make him stop committing a crime every time he gets behind the wheel. I guess some people never learn.




    My question is, can or will the DMV in North Carolina issue a warrant for his arrest for driving in South Carolina?
    he wasn't breaking NC law so I doubt it.

    And is there anyway he can every get his license reinstated?
    given it was revoked upon that conviction, it suggests there is more to the story. Life long revocation is not typical in a first offense.

    http://www.ncga.state.nc.us/EnactedL.../GS_20-28.html



    (c) When Person May Apply for License. - A person whose license has been revoked may apply for a license as follows:(1) If revoked under subsection (a) of this section for one year, the person may apply for a license after 90 days.(2) If punished under subsection (a1) of this section and the original revocation was pursuant to G.S. 20-16.5, in order to obtain reinstatement of a drivers license, the person must obtain a substance abuse assessment and show proof of financial responsibility to the Division. If the assessment recommends education or treatment, the person must complete the education or treatment within the time limits specified by the Division.(3) If revoked under subsection (a2) of this section for one year, the person may apply for a license after one year.(4) If revoked under this section for two years, the person may apply for a license after one year.(5) If revoked under this section permanently, the person may apply for a license after three years.
    it appears there is a possibility of regaining his license. I have not read the specifics though.

    whoops!!! it appears he may have just blown his chance:


    (c1) 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, a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provisions of the drug laws of this State or another state when any of these violations occurred during the revocation period.

  3. #3
    Join Date
    Jan 2014
    Posts
    26

    Default Re: Driving on a Permanently Revoked License

    Quote Quoting whataday
    View Post
    My question is, can or will the DMV in North Carolina issue a warrant for his arrest for driving in South Carolina? And is there anyway he can every get his license reinstated?
    I hope someone responds soon.
    I would say that it is doubtful NC will issue a warrant for his arrest. Unless he is on probation for the rest of his life.

    I have no ideal about getting the license reinstated. But if I was in his position, and had my license revoked, I would have moved to a city where there is public transportation a long time ago. Sorry to say that, but I would rather live in a larger city where I can move around and have a decent job, than to worry every day driving around NC or SC worried about the license.

  4. #4

    Default Re: Driving on a Permanently Revoked License

    Quote Quoting whataday
    View Post
    he has to drive in order to take care of his responsibilities and run his business
    No judge is going to see it that way. He doesn't HAVE TO drive...he CHOOSES to drive. He could use taxi service, pay friends or family, car pool, use the bus, or could have built his business in such a way and in such a place as to allow him to run it without breaking the law. The Carolinas will work together to punish him is he's caught driving on a revoked license. He needs to expect that such punishment will include a period of incarceration, and plan accordingly, particularly regarding the running of his business while he's incapacitated.

    North Carolina would have no need to issue a warrant. If he's caught driving in SOUTH Carolina, then that is where the crime occurs and SOUTH Carolina will be the one taking criminal action against him. North Carolina will only have to confirm that his NC license is no good.

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