A New Kind of DWLR

Published for NC Criminal Law on December 10, 2013.

As of December 1, 2013, there is a new type of driving while license revoked under G.S. Chapter 20. The Old Law. Most violations of G.S. 20-28(a) committed before December 1, 2013 were punishable as Class 1 misdemeanors. Three exceptions applied. The following types of drivers were punished as though they had been convicted of driving without a license, which, for offenses committed before December 1, 2013, was a Class 2 misdemeanor:  (1) The restoree of a revoked driver’s license who operated a motor vehicle on the highway without the insurance required by law (G.S. 20-28(a)); (2) A driver revoked solely under G.S. 20-16.5 as a result of a civil license revocation arising from an implied consent charge who drove after the minimum revocation period had expired (G.S. 20-28(a1)(1),(2)); and (3) A person who drove while his or her license was revoked for failure to pay child support or to comply with a subpoena issued pursuant to child support or paternity establishment proceedings and who was eligible for reinstatement, but had not applied for that relief (G.S. 20-28(a1)(3)). People subject to the latter two exceptions also were treated for driver’s license and insurance purposes as if they had been convicted of driving without a license under G.S. 20-35. The New Law. On or after December 1, 2013, a person who (1) drives (2) a motor vehicle (3) on a street or highway (4) while his or her license has been revoked by the State of North Carolina (4) knowing that his [...]