North Carolina Criminal Law Blog

Earlier this year, the North Carolina Court of Appeals in Edwards v. Jessup, 282 N.C. App. 213 (2022), considered whether a license revocation hearing in which a hearing officer employed by the Division of Motor Vehicles (DMV) both elicited and evaluated evidence, ultimately ordering revocation, violated the petitioning driver’s right to due process. Spoiler alert:  The Court held that the DMV hearing process did not violate the driver’s constitutional rights. Continue reading to learn why.

The Governor issued Executive Order No. 119 on Friday, which orders the closure of many Division of Motor Vehicles (DMV) Driver License Offices, the postponement of certain DMV hearings, and the suspension of road tests for newly licensed drivers. Today, the Governor issued Executive Order No. 120, which prohibits mass gatherings of more than 50 people, orders the closure of entertainment facilities and personal care and grooming businesses, and extends the closure of public schools through May 15, 2020.

If you’ve driven around much in North Carolina, you’ve likely noted the proliferation of special license plates. Legislation authorizing the issuance of such plates is correspondingly ubiquitous. So it wasn’t particularly noteworthy when, earlier this year, the General Assembly added two new special registration plates to the list that now numbers in the hundreds, one for the Order of the Eastern Star Prince Hall Affiliated and another for the Eastern Band of Cherokee Indians.

What is noteworthy about 2018 license plate legislation is the General Assembly’s authorization of a new standard-issue license plate for private passenger vehicle: a National/State Mottos plate.

Among the questions I am most frequently asked is: What is the proper charge when a person violates an alcohol concentration restriction on his or her driver’s license? As soon as I answer that question, the next one comes in: Is the answer the same if the person violates an ignition interlock restriction? When I say that it is not, additional questions follow. If you too are unsure about the rules for charging and processing a person who is suspected of violating one of these types of license restrictions, I’m hoping the rest of this post will clear things up. 

Following the shooting deaths of nine black worshippers in June at a historically significant Charleston church and South Carolina’s subsequent removal of the Confederate flag from the grounds of the State House, some have called upon North Carolina officials to stop issuing specialty license plates featuring the Confederate flag. N.C. Governor Pat McCrory has said that the General Assembly must pass legislation to halt issuance of the plates. One veteran legislator was quoted in this News and Observer story as saying that he never would have voted to authorize such a special plate and never recalls seeing such legislation. A spokesperson for another legislator was quoted as saying that the Governor was empowered to end issuance of the plates. Who’s right?

Yesterday I had the most fantastic experience:  I renewed my driver’s license in a matter of minutes. I didn’t have to take a sign test. I didn’t have to leave my office.  And I get to keep my old picture.

What is the basis for the indefinite license revocation reflected in the driving record entry below? A. A revocation under G.S. 20-24.1 for failure to appear for a motor vehicle […]