NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 163

HOUSE BILL 223

 

 

AN ACT TO AMEND G.S. 20-28.1 TO PROVIDE FOR DEPARTMENTAL HEARINGS UPON RECOMMENDATION OF JUDGE AND SOLICITOR.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-28.1 is hereby amended by adding a new subsection to be designated as "(d)" and to read as follows:

"(d)      Notwithstanding any other provisions of this section, in those cases of conviction of the offense provided in this section in which the judge and solicitor of the court wherein a conviction for violation of this section was obtained recommend in writing to the Department that the Department examine into the facts of the case and exercise discretion in suspending or revoking the driver’s license for the additional periods provided by this section, the Department shall conduct a hearing and may impose a lesser period of additional suspension or revocation than that provided in this section or may refrain from imposing any additional period. If the judge and solicitor hearing said case are not reasonably available to make or refuse such recommendation, then the judge and solicitor presiding and serving over the court or conviction may make the recommendation."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of April, 1971.