§ 20‑24.1. Revocationfor failure to appear or pay fine, penalty or costs for motor vehicle offenses.
(a) The Division mustrevoke the driver's license of a person upon receipt of notice from a courtthat the person was charged with a motor vehicle offense and he:
(1) failed to appear,after being notified to do so, when the case was called for a trial or hearing;or
(2) failed to pay afine, penalty, or court costs ordered by the court.
Revocation orders enteredunder the authority of this section are effective on the sixtieth day after theorder is mailed or personally delivered to the person.
(b) A license revokedunder this section remains revoked until the person whose license has beenrevoked:
(1) disposes of thecharge in the trial division in which he failed to appear when the case waslast called for trial or hearing; or
(2) demonstrates to thecourt that he is not the person charged with the offense; or
(3) pays the penalty,fine, or costs ordered by the court; or
(4) demonstrates to thecourt that his failure to pay the penalty, fine, or costs was not willful andthat he is making a good faith effort to pay or that the penalty, fine, orcosts should be remitted.
Uponreceipt of notice from the court that the person has satisfied the conditionsof this subsection applicable to his case, the Division must restore theperson's license as provided in subsection (c). In addition, if the personwhose license is revoked is not a resident of this State, the Division maynotify the driver licensing agency in the person's state of residence that theperson's license to drive in this State has been revoked.
(b1) A defendant must beafforded an opportunity for a trial or a hearing within a reasonable time ofthe defendant's appearance. Upon motion of a defendant, the court must orderthat a hearing or a trial be heard within a reasonable time.
(c) If the personsatisfies the conditions of subsection (b) that are applicable to his casebefore the effective date of the revocation order, the revocation order and anyentries on his driving record relating to it shall be deleted and the persondoes not have to pay the restoration fee set by G.S. 20‑7(i1). For allother revocation orders issued pursuant to this section, G.S. 50‑13.12 orG.S. 110‑142.2, the person must pay the restoration fee and satisfy anyother applicable requirements of this Article before the person may berelicensed.
(d) To facilitate theprompt return of licenses and to prevent unjustified charges of driving whilelicense revoked, the clerk of court, upon request, must give the person a copyof the notice it sends to the Division to indicate that the person has compliedwith the conditions of subsection (b) applicable to his case. If the personcomplies with the condition before the effective date of the revocation, thenotice must indicate that the person is eligible to drive if he is otherwisevalidly licensed.
(e) As used in thissection and in G.S. 20‑24.2, the word offense includes crimes andinfractions created by this Chapter. (1985, c. 764, s. 19; 1985(Reg. Sess., 1986), c. 852, ss. 4‑6, 9, 17; 1987, c. 581, s. 4; 1991, c.682, s. 4; 1993, c. 313, s. 1; 1995, c. 538, s. 2(d).)
§ 20‑24.1. Revocationfor failure to appear or pay fine, penalty or costs for motor vehicle offenses.
(a) The Division mustrevoke the driver's license of a person upon receipt of notice from a courtthat the person was charged with a motor vehicle offense and he:
(1) failed to appear,after being notified to do so, when the case was called for a trial or hearing;or
(2) failed to pay afine, penalty, or court costs ordered by the court.
Revocation orders enteredunder the authority of this section are effective on the sixtieth day after theorder is mailed or personally delivered to the person.
(b) A license revokedunder this section remains revoked until the person whose license has beenrevoked:
(1) disposes of thecharge in the trial division in which he failed to appear when the case waslast called for trial or hearing; or
(2) demonstrates to thecourt that he is not the person charged with the offense; or
(3) pays the penalty,fine, or costs ordered by the court; or
(4) demonstrates to thecourt that his failure to pay the penalty, fine, or costs was not willful andthat he is making a good faith effort to pay or that the penalty, fine, orcosts should be remitted.
Uponreceipt of notice from the court that the person has satisfied the conditionsof this subsection applicable to his case, the Division must restore theperson's license as provided in subsection (c). In addition, if the personwhose license is revoked is not a resident of this State, the Division maynotify the driver licensing agency in the person's state of residence that theperson's license to drive in this State has been revoked.
(b1) A defendant must beafforded an opportunity for a trial or a hearing within a reasonable time ofthe defendant's appearance. Upon motion of a defendant, the court must orderthat a hearing or a trial be heard within a reasonable time.
(c) If the personsatisfies the conditions of subsection (b) that are applicable to his casebefore the effective date of the revocation order, the revocation order and anyentries on his driving record relating to it shall be deleted and the persondoes not have to pay the restoration fee set by G.S. 20‑7(i1). For allother revocation orders issued pursuant to this section, G.S. 50‑13.12 orG.S. 110‑142.2, the person must pay the restoration fee and satisfy anyother applicable requirements of this Article before the person may berelicensed.
(d) To facilitate theprompt return of licenses and to prevent unjustified charges of driving whilelicense revoked, the clerk of court, upon request, must give the person a copyof the notice it sends to the Division to indicate that the person has compliedwith the conditions of subsection (b) applicable to his case. If the personcomplies with the condition before the effective date of the revocation, thenotice must indicate that the person is eligible to drive if he is otherwisevalidly licensed.
(e) As used in thissection and in G.S. 20‑24.2, the word offense includes crimes andinfractions created by this Chapter. (1985, c. 764, s. 19; 1985(Reg. Sess., 1986), c. 852, ss. 4‑6, 9, 17; 1987, c. 581, s. 4; 1991, c.682, s. 4; 1993, c. 313, s. 1; 1995, c. 538, s. 2(d).)
§ 20‑24.1. Revocationfor failure to appear or pay fine, penalty or costs for motor vehicle offenses.
(a) The Division mustrevoke the driver's license of a person upon receipt of notice from a courtthat the person was charged with a motor vehicle offense and he:
(1) failed to appear,after being notified to do so, when the case was called for a trial or hearing;or
(2) failed to pay afine, penalty, or court costs ordered by the court.
Revocation orders enteredunder the authority of this section are effective on the sixtieth day after theorder is mailed or personally delivered to the person.
(b) A license revokedunder this section remains revoked until the person whose license has beenrevoked:
(1) disposes of thecharge in the trial division in which he failed to appear when the case waslast called for trial or hearing; or
(2) demonstrates to thecourt that he is not the person charged with the offense; or
(3) pays the penalty,fine, or costs ordered by the court; or
(4) demonstrates to thecourt that his failure to pay the penalty, fine, or costs was not willful andthat he is making a good faith effort to pay or that the penalty, fine, orcosts should be remitted.
Uponreceipt of notice from the court that the person has satisfied the conditionsof this subsection applicable to his case, the Division must restore theperson's license as provided in subsection (c). In addition, if the personwhose license is revoked is not a resident of this State, the Division maynotify the driver licensing agency in the person's state of residence that theperson's license to drive in this State has been revoked.
(b1) A defendant must beafforded an opportunity for a trial or a hearing within a reasonable time ofthe defendant's appearance. Upon motion of a defendant, the court must orderthat a hearing or a trial be heard within a reasonable time.
(c) If the personsatisfies the conditions of subsection (b) that are applicable to his casebefore the effective date of the revocation order, the revocation order and anyentries on his driving record relating to it shall be deleted and the persondoes not have to pay the restoration fee set by G.S. 20‑7(i1). For allother revocation orders issued pursuant to this section, G.S. 50‑13.12 orG.S. 110‑142.2, the person must pay the restoration fee and satisfy anyother applicable requirements of this Article before the person may berelicensed.
(d) To facilitate theprompt return of licenses and to prevent unjustified charges of driving whilelicense revoked, the clerk of court, upon request, must give the person a copyof the notice it sends to the Division to indicate that the person has compliedwith the conditions of subsection (b) applicable to his case. If the personcomplies with the condition before the effective date of the revocation, thenotice must indicate that the person is eligible to drive if he is otherwisevalidly licensed.
(e) As used in thissection and in G.S. 20‑24.2, the word offense includes crimes andinfractions created by this Chapter. (1985, c. 764, s. 19; 1985(Reg. Sess., 1986), c. 852, ss. 4‑6, 9, 17; 1987, c. 581, s. 4; 1991, c.682, s. 4; 1993, c. 313, s. 1; 1995, c. 538, s. 2(d).)
