February 14, 1980 Subject: Motor Vehicles; Licenses; Issuance of Limited Driving Privilege; Conviction Out-of-State, Out of County or in Federal Court
Requested By: James W. Hardison Assistant District Attorney
Question: Under the provisions of G.S. 20-179(b)(3) must the application for a limited driving privilege by a person convicted in a county other than the county of his residence be made to a court of equivalent jurisdiction?
Conclusion: Yes.
G.S. 30-179(b), in relevant part, reads:
"(3) If a person is convicted in another state or county or in federal court of an offense that is equivalent to one of the provisions of G.S. 20-138(a), 20-138(b), 20-139(a) or 20-139(b), and if the person’s North Carolina driver’s license is revoked as a result of that conviction, the person so convicted may apply to the presiding or resident judge of the superior court or a district court judge of the district in which he resides for a limited driving privilege. Upon such application the judge may issue a limited driving privilege in the same manner as if he were the trial judge.
- (4)
- A district court judge may modify a limited driving privilege if:
- a.
- The holder of the limited privilege petitions the court for a modification of the privilege; and
- b.
- The privilege was issued by a district court judge; and
- c.
- The privilege was issued in the county in which the district judge is conducting court. A superior court judge may modify a limited driving privilege if:
- a.
- The holder of the limited privilege petitions the court for a modification of the privilege; and
- b.
- The privilege was issued by a superior court judge; and
- c.
- The privilege was issued in the county in which the superior court judge is conducting court.
- (7)
- This subsection is supplemental and in addition to existing law and shall not be construed so as to repeal any existing provision contained in the General Statutes of North Carolina."
If the conviction is in another state or in the federal courts, application may be made either to the superior or district court in the county of residence of the person convicted as the question of state court jurisdiction would not be at issue.
However, if the provisions of the statute set out above are read in pari materia, it is our opinion that if the conviction occurs within another county of this state, the person convicted must, when applying for a limited driving privilege in the county of his residence, apply to equivalent court; i.e., to the superior court if convicted in the superior court or the district court if convicted in the district court.
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General