§ 20-28.1. Conviction of moving offense committed while driving during period of suspension or revocation of license.
§ 20‑28.1. Convictionof moving offense committed while driving during period of suspension orrevocation of license.
(a) Upon receipt ofnotice of conviction of any person of a motor vehicle moving offense, except aconviction punishable under G.S. 20‑28(a1), such offense having beencommitted while such person's driving privilege was in a state of suspension orrevocation, the Division shall revoke such person's driving privilege for anadditional period of time as set forth in subsection (b) hereof.
(b) When a drivingprivilege is subject to revocation under this section, the additional period ofrevocation shall be as follows:
(1) A first suchrevocation shall be for one year;
(2) A second suchrevocation shall be for two years; and
(3) A third or subsequentsuch revocation shall be permanent.
(c) A person whoselicense has been revoked under this section for one year may apply for alicense after 90 days. A person whose license has been revoked under thissection for two years may apply for a license after 12 months. A person whoselicense has been revoked under this section permanently may apply for a licenseafter three years. Upon the filing of an application, the Division may, withor without a hearing, issue a new license upon satisfactory proof that theformer licensee has not been convicted of a moving violation under this Chapteror the laws of another state, or a violation of any provision of the alcoholicbeverage laws of this State or another state, or a violation of any provisionof the drug laws of this State or another state when any of these violationsoccurred during the revocation period. The Division may impose anyrestrictions or conditions on the new license that the Division considersappropriate for the balance of the revocation period. When the revocationperiod is permanent, the restrictions and conditions imposed by the Divisionmay not exceed three years.
(d) Repealed by SessionLaws 1979, c. 378, s. 2. (1965, c. 286; 1969, c. 348; 1971, c. 163; 1973, c.47, s. 2; 1975, c. 716, s. 5; 1979, c. 378, ss. 1, 2; 1981, c. 412, s. 4; c.747, s. 66; 1991, c. 509, s. 1, c. 682, s. 6, c. 726, s. 22.1.)