In re Oates, 18 N.C. App. 320 (1973)

May 23, 1973 · North Carolina Court of Appeals · No. 734SC351

18 N.C. App. 320

IN THE MATTER OF TRUMAN M. OATES: License No. 1866698, Petitioner

No. 734SC351

(Filed 23 May 1973)

Automobiles § 2— three convictions of drunken driving — revocation of license — out-of-state conviction

An out-of-state conviction of operating a motor vehicle upon the public highway while under the influence of intoxicating liquor or an impairing drug is to be treated as a conviction for the purpose of mandatory permanent revocation of driver’s license under G.S. 20-19(e).

Appeal by respondent, North Carolina Department of Motor Vehicles, from Peel, Judge, 13 November 1972 Session of Superior Court held in Sampson County.

Petitioner instituted this proceeding- to review the action of the North Carolina Department of Motor Vehicles in permanently revoking petitioner’s driving privilege pursuant to G.S. 20-19 (e) because of three convictions of operating a motor vehicle upon the highways while under the influence of intoxicating liquor.

The facts disclose that petitioner was convicted of operating a motor vehicle upon the highway while under the influence of intoxicating liquor on the following dates, at the following places:

8 December 1964 — Goldsboro, N. C.

17 July 1970 — Richmond, Va.

1 December 1971 — Sampson County, N. C.

Judge Peel found the facts to be as above, and additionally found that petitioner had failed to show that the proceedings in Virginia were irregular, invalid, or otherwise insufficient to support his conviction in Virginia.

Thereafter, Judge Peel concluded as follows:

“That the decision of the Department of Motor Vehicles mandatorily revoking the petitioner’s driving privilege permanently, effective 1 December 1971, is erroneous and should be treated as a discretionary suspension or revocation.”

It was thereafter ordered that the official notice and record of revocation be reversed, and the Department was ordered to grant petitioner a hearing to consider the restoration of petitioner’s driving privilege in the discretion of the Department.

The North Carolina Department of Motor Vehicles appealed.

Attorney General Morgan, by Assistant Attorney General Ray, for the North Carolina Department of Motor Vehicles.

No counsel contra.

BROCK, Judge.

The question which is squarely presented by this appeal is whether an out-of-state conviction of operating a motor vehicle upon the public highway while under the influence of intoxicating liquor or an impairing drug is to be counted as a conviction for the purpose of the operation of the mandatory provision of G.S. 20-19 (e). Judge Peel, in effect, ruled that the out-of-state conviction was not to be considered as a conviction for the purposes of the application of G.S. 20-19 (e).

We disagree with his honor on this question. It seems to us that to eliminate an out-of-state conviction from consideration for the purpose of mandatory revocation under G.S. 20-19 (e) would partially circumvent the clear intent of the legislature.

The judgment entered by Judge Peel is

Reversed.

Judges Parker and Hedrick concur.