§ 20-17.1. Revocation of license of mental incompetents, alcoholics and habitual users of narcotic drugs.
§ 20‑17.1. Revocationof license of mental incompetents, alcoholics and habitual users of narcoticdrugs.
(a) The Commissioner,upon receipt of notice that any person has been legally adjudicated incompetentor has been involuntarily committed to an institution for the treatment ofalcoholism or drug addiction, shall forthwith make inquiry into the facts forthe purpose of determining whether such person is competent to operate a motorvehicle. If a person has been adjudicated incompetent under Chapter 35A of theGeneral Statutes, in making an inquiry into the facts, the Commissioner shallconsider the clerk of court's recommendation regarding whether the incompetentperson should be allowed to retain his or her driving privilege. Unless theCommissioner is satisfied that such person is competent to operate a motorvehicle with safety to persons and property, he shall revoke such person'sdriving privilege. Provided that if such person requests, in writing, ahearing, he shall retain his license until after the hearing, and if therevocation is sustained after such hearing, the person whose driving privilegehas been revoked under the provisions of this section, shall have the right toa review by the review board as provided in G.S. 20‑9(g)(4) upon writtenrequest filed with the Division.
(b) If any person shallbe adjudicated as incompetent or is involuntarily committed for the treatmentof alcoholism or drug addiction, the clerk of the court in which any suchadjudication is made shall forthwith send a certified copy of abstract thereofto the Commissioner.
(c) Repealed by SessionLaws 1973, c. 475, s. 31/2.
(d) It is the intent ofthis section that the provisions herein shall be carried out by theCommissioner of Motor Vehicles for the safety of the motoring public. TheCommissioner shall have authority to make such agreements as are necessary withthe persons in charge of every institution of any nature for the care andtreatment of alcoholics or habitual users of narcotic drugs, to effectivelycarry out the duty hereby imposed and the person in charge of the institutionsdescribed above shall cooperate with and assist the Commissioner of MotorVehicles.
(e) Notwithstanding theprovisions of G.S. 8‑53, 8‑53.2, and Article 3 of Chapter 122C ofthe General Statutes, the person or persons in charge of any institution as setout in subsection (a) hereinabove shall furnish such information as may berequired for the effective enforcement of this section. Information furnishedto the Division of Motor Vehicles as provided herein shall be confidential andthe Commissioner of Motor Vehicles shall be subject to the same penalties andis granted the same protection as is the department, institution or individualfurnishing such information. No criminal or civil action may be brought againstany person or agency who shall provide or submit to the Commissioner of MotorVehicles or his authorized agents the information as required herein.
(f) Revocations underthis section may be reviewed as provided in G.S. 20‑9(g)(4). (1947, c. 1006, s. 9; 1953,c. 1300, s. 36; 1955, c. 1187, s. 16; 1969, c. 186, s. 1; c. 1125; 1971, c.208, ss. 1, 11/2; c. 401, s. 1; c. 767; 1973, c. 475, s. 31/2; c. 1362; 1975,c. 716, s. 5; 1983, c. 768, s. 3; 1987, c. 720, s. 1; 2008‑182, s. 1.)