[Editor's note: Sorry that there was no post yesterday. I was travelling and didn't have reliable internet access. We're back on track today.] The misdemeanor offenses of driving after notification of an impaired driver’s license revocation or driving after failing to appear for two years for an implied consent offense were proposed by the Governor’s Task Force on Driving While Impaired and were enacted by S.L. 2006-253 effective for offenses committed on or after December 1, 2006. The first of these offenses, codified in G.S. 20-28(a2)(1), prohibits driving on a highway by a person whose license is revoked for an impaired driver’s license revocation after DMV has sent notice of the revocation pursuant to G.S. 20-48. G.S. 20-48 permits DMV to provide notice by mailing a notice to a person at his or her address as shown by DMV records. Notice by mail is deemed completed after four days from the mailing. The second offense, codified in G.S. 20-28(a2)(2), is failure to appear for two years from the date of the charge after being charged with an implied consent offense. Over the past few months, I’ve fielded numerous inquiries regarding the criminal offense of failing to appear for two years after being charged with an implied consent offense. First, may a defendant charged with an implied consent for which he or she already had failed to appear for two years as of the statute’s effective date be charged with the commission of this offense? Jeff wrote about that issue here, recognizing [...]
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