S.L. 1979-903

NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 903

SENATE BILL 691

AN ACT TO ESTABLISH AN ALCOHOL AND DRUG EDUCATION TRAFFIC SCHOOL AND TO STRENGTHEN THE LAWS AGAINST PERSONS WHO OPERATE VEHICLES UNDER THE INFLUENCE OF ALCOHOL AND DRUGS.

The General Assembly of North Carolina enacts:

Section 1. Subsection (b) of G.S. 20-179 is rewritten to read as follows:

"(b) (1) Upon a first conviction only of any offense included in G.S. 20-138 or G.S. 20-139, and subject to the provisions of this subsection (b) the trial judge may issue a limited driving privilege when feasible and if the person convicted requests that he do so. The limited privilege, if issued, shall contain a condition that the person convicted enroll in and successfully complete, within 75 days of the date of the issuance of said limited privilege, the program of instruction at an Alcohol and Drug Education Traffic School approved by the Department of Human Resources pursuant to G.S. 20-179.2. The limited privilege shall contain a provision allowing the person convicted to drive to and from classes required for successful completion of such program of instruction. In addition, the judge may include in the limited privilege conditions allowing the person convicted to drive a motor vehicle for proper purposes directly connected with the health, education and welfare of the person convicted and his family. The judge, in establishing the limited driving privilege, may impose restrictions as to the days, hours, types of vehicles, routes and geographic boundaries and specific purposes for which the limited driving privilege is issued. The trial judge may issue a limited driving privilege that does not contain a condition that the defendant successfully complete the program of instruction at an Alcohol and Drug Education Traffic School if:

a. there is no Alcohol or Drug Education Traffic School within a reasonable distance of the defendant's residence; or

b. the defendant because of his history of alcohol or drug abuse, is not likely to benefit from the program of instruction; or

c. there are specific, extenuating circumstances which make it likely that the defendant will not benefit from the program of instruction.

The trial judge shall enter such specific findings in the record provided that in the case of subsection b. above such findings shall include the exact reasons why the defendant is not likely to benefit from the program of instruction and that in the case of subsection c. above such findings shall include the specific, extenuating circumstances which make it likely that the defendant will not benefit from the program of instruction.

For the purposes of determining whether the conviction is a first conviction, no prior offense occurring more than 7 years before the date of the current offense shall be considered. In addition, convictions for violations of any provision of G.S. 20-138(a), G.S. 20-138(b), G.S. 20‑139(a), or G.S. 20-139(b) shall be considered previous convictions. Convictions prior to the effective date of this act shall be considered for purposes of this subsection.

The limited driving privilege and the restrictions imposed thereon shall be specifically recorded in a written judgment of the court, shall be signed by the trial judge and shall be affixed with the seal of the court. The written judgment shall be as near as practicable in the format established by G.S. 20-179(b)(2). A notice of the conviction and a copy of the judgment must be transmitted to the Division of Motor Vehicles, along with any operator's or chauffeur's license in the possession of the person convicted.

The limited driving privilege is valid for such length of time, not to exceed six months, as shall be set forth in the judgment of the trial judge. A limited privilege that does not contain a condition that the defendant successfully complete the program of instruction at an Alcohol or Drug Education Traffic School is valid for such length of time, not to exceed 12 months, as shall be set forth in the judgment of the trial court. Such permit shall constitute a valid license to operate a motor vehicle upon the streets and highways of this or any other state in accordance with the restrictions noted thereon. The holder of a limited driving privilege is subject to all provisions of this Chapter concerning operator's or chauffeur's licenses which are not by their nature inapplicable.

A limited driving privilege issued pursuant to this subsection does not authorize a person to drive while the license of such person is also revoked pursuant to G.S. 20-16.2 for failure to take a chemical test of the blood or breath to determine blood alcoholic content.

(2) The judgment issued by the trial judge as herein permitted shall as near as practical be in the form and contents as follows:

STATE OF NORTH CAROLINA IN THE GENERAL COURT

COUNTY OF________________ JUSTICE

RESTRICTED DRIVING

PRIVILEGES

This cause coming on to be heard and being heard before the Honorable________________________, Judge presiding, and it appearing to the Court that the defendant,____________________, has been convicted of the offense of

(describe offense under G.S. 20-138 or G.S. 20-139

or as appropriate),

and it further appearing to the Court that the defendant should be issued a limited driving privilege and is entitled to the issuance of a limited driving privilege under and by the authority of G.S. 20-179(b);

Now, therefore, it is ordered, adjudged and decreed that the defendant be allowed to operate a motor vehicle under the following conditions and under no other circumstances.

Name:__________________________________________________

Address:_________________________________________________

Race:_______________________________Sex:________________

Height:_____________________________Weight:______________

Color of Hair:________________________Color of Eyes:_________

Birth Date:_______________________________________________

Driver's License Number:____________________________________

CONDITIONS OF RESTRICTION

1. The defendant must successfully complete the approved program of instruction at an Alcohol and Drug Education Traffic School within 75 days from the date when this limited privilege was issued.

2. Geographical restrictions:_______________________________________

_________________________________________________________________

3. Hours of restriction:____________________________________________

__________________________________________________________________

4. Type(s) of vehicles that may be operated:____________________________

__________________________________________________________________

5. Other Restrictions:_____________________________________________

_________________________________________________________________

__________________________________________________________________

This limited license shall be effective from (month) (day), (year) to (month) (day), (year) subject to further orders as the court in its discretion may deem necessary and proper.

Issued on this day of 19

(Judge Presiding)

Accepted on this day of , 19___

(Signature of Licensee)

(3) If a person is convicted in another state or county or in a federal court of an offense that is equivalent to one of the provisions of G.S. 20-138(a), G.S. 20-138(b), G.S. 20-139(a) or G.S. 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.

(5) Any violation of the conditions or restrictions as set forth in the judgment of the trial court allowing such privileges, other than the failure to successfully complete the prescribed program of instruction at an Alcohol and Drug Education Traffic School, shall constitute the offense of driving while license revoked as set forth in G.S. 20-28(a). When a person is charged with operating a motor vehicle in violation of the restrictions, the limited driving privilege shall be suspended pending the final disposition of the charge.

Failure to successfully complete an approved program of instruction at an Alcohol and Drug Education Traffic School shall constitute grounds to revoke the limited privilege for the remainder of the time for which such limited privilege was issued. Failure to successfully complete an approved program of instruction at an Alcohol and Drug Education Traffic School shall not constitute the offense of driving while license revoked. For purposes of this subsection, the phrase 'failure to successfully complete the prescribed program of instruction at an Alcohol and Drug Education Traffic School' includes failure to attend scheduled classes without a valid excuse, failure to complete the course within 75 days of the issuance of the limited privilege, wilful failure to pay the required fee for the course, or any other manner in which the person fails to complete the course successfully. The instructor of the course to which a person is assigned shall report any failure of a person to successfully complete the program of instruction to the court which issued the limited driving privilege. The court shall revoke the limited privilege. The person possessing the limited privilege may obtain a hearing prior to revocation.

(6) Notwithstanding any other provisions of this section, no person who has wilfully refused to submit to a chemical test upon request of the officer as provided by G.S. 20-16.2 may be granted a limited driving privilege or license while the driving privilege of such person is revoked pursuant to the provisions of G.S. 20-16.2(c) for the wilful refusal of such person to submit to such chemical test.

(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."

Sec. 2. Subsection (a) of G.S. 20-179, as the same appears in the 1978 Replacement Volume 1C of the General Statutes of North Carolina, is amended by deleting the words and figures "G.S. 20-138" each time the same appear therein and inserting in lieu thereof the words and figures: "G.S. 20-138(a), G.S. 20-138(b)".

Sec. 3. G.S. Chapter 20 is amended by adding a new section numbered G.S. 20‑179.2 to read as follows:

"§ 20-179.2. Alcohol and Drug Education Traffic Schools curriculum approved by Commission for Mental Health and Mental Retardation Services; responsibilities of the Department of Human Resources; fees. — (a) The Commission for Mental Health and Mental Retardation Services shall establish standards and guidelines for the curriculum and operation of local Alcohol and Drug Education Traffic School programs. The Department shall oversee the development of a statewide system of schools and shall insure that schools are available in all localities of the State as soon as is practicable.

(1) A fee of one hundred dollars ($100.00) shall be paid by all persons enrolling in an Alcohol and Drug Education Traffic School program established pursuant to this section. That fee shall be paid to the clerk of court in the county in which the person was convicted. The amounts received by the clerk from the fees shall be remitted in monthly payments to the Area Mental Health Authority located in the catchment area where the court is located. Area Mental Health Authorities will remit five percent (5%) of the above fees from the clerks of court to the Department of Human Resources on a monthly basis. Fees received by the Department of Human Resources may only be used in supporting and administering Alcohol and Drug Education Traffic Schools. Any excess funds will revert to the General Fund.

(2) The Department of Human Resources shall have the authority to approve programs to be implemented by area mental health authorities. Area mental health authorities may subcontract for the delivery of Alcohol and Drug Education Traffic School program services. The department shall have the authority to approve budgets and contracts with public and private governmental and nongovernmental bodies for the operation of such schools.

(3) All fees retained by the Area Mental Health Authorities from the clerks of court shall be placed in a nonreverting fund. Monies in that fund shall be disbursed for the operation, evaluation and administration of Alcohol and Drug Education Traffic School programs. Any excess funds shall be used to fund other Drug and Alcohol programs.

(4) All fees collected by the Area Mental Health Authorities from the clerks of court may not be used in any manner to match other State funds or to be included in any computation for State formula-funded allocations.

(b) Wilful failure to pay the fee is one ground for a finding that a person given a limited privilege has not successfully completed the course. Wilful failure to pay the fee does not include cases in which the court determines the person is unable to pay."

Sec. 4. Subsection (d) of G.S. 20-19, as the same appears in 1978 Replacement Volume 1C of the General Statutes, is hereby amended: (1) by inserting after the word "drugs" on line 18 thereof a period; (2) by striking the remainder of said subsection (d); and (3) by inserting after said period following the word "drugs" on line 18 thereof the following language: "When a new license is issued pursuant to the provisions of this subsection, it may be issued upon such terms and conditions as the division may see fit to impose, including when feasible the condition that said former licensee successfully complete the program of instruction at an Alcohol and Drug Education Traffic School. The terms and conditions imposed by the division may be imposed for the balance of a four-year revocation, which period shall be computed from the date of the original revocation."

Sec. 5. Subdivision (e) of G.S. 20-19, as the same appears in the 1978 Replacement Volume 1C of the General Statutes, is amended by striking the period after the word "impose" on line 19 of said subsection (e) and inserting in lieu of said period a comma, and inserting after said comma the following language:

"including when feasible the condition that the former licensee successfully complete the program of instruction at an Alcohol and Drug Education Traffic School."

Sec. 6. G.S. 20-19, as the same appears in the 1978 Replacement Volume 1C of the General Statutes, is hereby amended by inserting after subsection (c) a new subsection therein as subsection (c1) to read as follows:

"(c1) When a license is revoked under subdivision (2) of G.S. 20-17, and the period of revocation is not determined by the provisions of G.S. 20-19(d) and (e), the period of revocation shall be one year unless the trial judge issues a limited driving privilege to the person convicted that contains a condition that the defendant successfully complete the course of instruction at an Alcohol and Drug Education Traffic School. If the trial judge issues a limited privilege and the person convicted complies with the conditions and restrictions included in the limited privilege, the division must restore the person's license after six months if the person's license or limited driving privilege is not otherwise revoked or suspended, and if the division has received a certificate from the Alcohol and Drug Education Traffic School certifying that the person convicted has successfully completed the program of instruction at the Alcohol and Drug Education Traffic School. If the person fails to comply with the conditions and restrictions contained in the limited privilege, the period of revocation is 12 months, beginning at the time the limited privilege is revoked."

Sec. 7. Subsection (d) of G.S. 20-140 as the same appears in the 1978 Replacement Volume 1C of the General Statutes, is hereby amended by deleting the words "reckless driving" on line 1 thereof and inserting in lieu thereof the words:

"violating subsection (a) or subsection (b) of this section".

Sec. 8. G.S. 20-140, as the same appears in the 1978 Replacement Volume 1C of the General Statutes, is hereby amended by adding at the end thereof a new subsection (e) as follows:

"(e) Any person convicted of violating subsection (c) of this section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and a term of imprisonment not to exceed six months, which term of imprisonment may be suspended by the trial court upon such terms and conditions as it may see fit provided that such terms and conditions shall include the term and condition that the person so convicted shall successfully complete the program of instruction at an Alcohol and Drug Education Traffic School within 75 days of the date of said conviction, unless the judges make a written finding in the record that:

(1) there is no Alcohol or Drug Education Traffic School within a reasonable distance of the defendant's residence; or

(2) the defendant, because of his history of alcohol or drug abuse, is not likely to benefit from the program of instruction; or

(3) there are specific, extenuating circumstances which make it likely that the defendant will not benefit from the program of instruction.

The trial judge shall enter such specific findings in the record provided that in the case of subdivision (2) above such findings shall include the exact reasons why the defendant is not likely to benefit from the program of instruction and that in the case of subdivision (3) above such findings shall include the specific, extenuating circumstances which make it likely that the defendant will not benefit from the program of instruction."

Sec. 9. G.S. 20-26(a), as same appears in the 1978 Replacement Volume 1C of the General Statutes, is hereby amended by inserting the word and punctuation "test," immediately before the word "proceeding" appearing in line 2 thereof.

Sec. 10. G.S. 20-26(b), as same appears in the 1978 Replacement Volume 1C of the General Statutes, is hereby amended by striking the period at the end thereof and adding the following proviso: "Provided a certified copy of such record may be transmitted via the police information network and that such copy shall be competent for the purpose of establishing the status of a person's operator's license and driving privilege without further authentication. The Attorney General and the Commissioner of Motor Vehicles are authorized to promulgate such rules and regulations as may be necessary to implement the provision of this subsection."

Sec. 11. G.S. 20-27, as same appears in the 1978 Replacement Volume 1C of the General Statutes, is hereby amended by designating the existing section as subsection "(a)" and by adding a new subsection to be designated subsection (b) to read as follows:

"(b) All records of the division pertaining to chemical tests as provided in G.S. 20-16.2 shall be available to the courts as provided in G.S. 20-26(b)."

Sec. 12. G.S. 20-23.2, as the same is found in Volume 1C of the General Statutes, 1978 Replacement, is hereby amended by deleting the last sentence.

Sec. 13. This program and the provisions of this act shall be implemented to the extent appropriations are provided by the General Assembly but nothing herein contained shall be construed to obligate the General Assembly to appropriate additional funds.

Sec. 14. There shall be an evaluation of the effectiveness of the course of instruction at alcohol and drug education traffic schools, and the result of that evaluation shall be made available to the 1983 Session of the General Assembly.

Sec. 15. This act shall become effective on January 1, 1980.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.