James K. Minick
An individual who drives when their license is revoked is subject to misdemeanor charges and administrative issues regarding the individual’s driving privileges. Although crimes typically have defined punishments, the crime of Driving While License Revoked has the possibility of reducing the sentence to a different charge if certain conditions are met. These conditions are explained under the punishment section of the crime of Driving While License Revoked. The following crimes are broken down into their respective elements and potential punishments upon conviction.
Driving While License Revoked
Elements
A person is guilty if they:
- Drive
- A motor vehicle
- On a highway
- Knowing
- That their license is revoked
A person is driving when they are in actual physical control of the vehicle when it is moving or when the engine is running. A highway and a street are the same thing. The individual must also know that their driving privileges have been revoked.
Punishment
If person is guilty of driving while their license is revoked, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-28(a). The punishment can be reduced to a violation under N.C. Gen. Stat. § 20-35 if:
- At the time of the offense, the individual’s license was revoked due to N.C. Gen. Stat. § 20-16.5 and
- The offense happened more than 45 days after the 45 day revocation period ordered by N.C. Gen. Stat. § 20-16.5 or
- The offense happened more then 30 days after the 30 day revocation period ordered by N.C. Gen. Stat. § 20-16.5 or
- The individual had met the requirements of N.C. Gen. Stat. § 50-13.12 or N.C. Gen. Stat. § 110-142.2 and was open to reinstatement of drivers license privileges
Driving While License Revoked for an Impaired Driving Revocation
Elements
A person is guilty if they:
- Drive
- On a highway
- While the person’s license is revoked for an impaired driver’s license revocation
- After notification has been sent in accordance with N.C. Gen. Stat. § 20-48
Punishment
If a person is guilty of driving while their license is revoked for an impaired driving revocation, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-28(a2).
