2012 Amendments to Teenage License Revocation Law

Published for NC Criminal Law on July 26, 2012.

[Editor's Note: We are continuing to experience difficulty with our email subscription function. In attempting to remedy the problem, our hard-working technical folks accidentally sent two test email notifications to many subscribers yesterday afternoon. We apologize for the error and hope to have the system working smoothly soon.] I wrote here about a 2011 law that requires law enforcement officers to arrest teenage drivers who are charged with, among other offenses, driving more than 15 miles per hour over the speed limit.  The law required that these drivers be arrested so that they could be brought before a magistrate who could immediately revoke the teen’s license.  The procedure was sort of the shock and awe of graduated licensing. Not surprisingly (and notwithstanding all 100 views of this YouTube video featuring yours truly blathering on about the subject) the law caught some teenagers and their parents unawares. The General Assembly in its 2012 session responded to concerns that the law unwisely required that young drivers be arrested for commission of relatively minor offenses by amending the provisions of G.S. 20-13.3, effective for offenses committed October 1, 2012 or later, to permit a teenage driver’s license to be revoked without the driver having been arrested and hauled before the magistrate for an initial appearance.  G.S. 20-13.3, as amended by S.L. 2012-168, continues to apply to 16- and 17-year old provisional licensees who are charged with a criminal moving violation and are not subject to license revocation under G.S. 20-16.5 based upon commission of [...]