North Carolina Criminal Law Blog

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.

The 2015 North Carolina General Assembly convened earlier today, with new members sliding into place just as the first ice storm of the winter left the area. And while most folks’ attention will (as usual) be focused on the state budget, I’ll be watching over the next few months for legislation related to motor vehicle crimes. I’m particularly curious to see whether the General Assembly shows any interest in interrupting the cycle of driver’s license revocation, an issue that lately has attracted national attention.

Author’s note:  The law was amended in 2015 to alter this analysis.  The amendments are discussed here.

Grossly aggravating factors matter in DWI sentencing.  And there’s one factor that seems to be confusing folks, particularly when it comes to ignition interlock violations. Here’s hoping this post clears it up.

The court of appeals’ decision last January in State v. McKenzie was big news in the DWI world. The state’s intermediate appellate court held the one-year disqualification of a defendant’s […]

Suppose a police officer patrolling a city street lawfully pulls over a car with out-of-state tags. When the officer asks the driver for his driver’s license, the driver tells the […]

The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to […]

Driving while license revoked (DWLR), a Class 1 misdemeanor, is one of the most frequently charged criminal offenses in North Carolina.  And, while certain elements of the offense are spelled […]

Last month, the North Carolina court of appeals decided State v. Graves, No. COA09-595 (March 16, 2010), a case involving the defendant’s appeal from his convictions for felony speeding to […]