Author's Note: Question 2 of this post and its answer have been amended to accurately reflect the state of the law before it was amended in the 2015 session. Earlier this legislative session, the General Assembly enacted the North Carolina Drivers License Restoration Act, S.L. 2015-186, which amended the state’s driving while license revoked law and relieved certain defendants of the mandatory license revocations that historically have followed convictions for this offense. I blogged here about the particulars of the act, which recodified various violations of G.S. 20-28 and eliminated additional license revocations for certain types of DWLR convictions. Three questions about the import of the act immediately arose. Now that the technical corrections bill has become law, I have answers. Will DMV revoke the license of a defendant charged with violating G.S. 20-28 before December 1, 2015 but convicted on or after that date? S.L. 2015-186 provided that it was effective December 1, 2015 for convictions on or after that date. The act further stated that “[p]rosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.” The Technical Corrections Act, S.L. 2015-264, rewrote the earlier act’s effective date to render it applicable to offenses committed on or after December 1, 2015. As a result, defendants charged with driving while license revoked before December 1, 2015 who are subsequently convicted of that offense will have their licenses revoked for an additional [...]
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