In re Oates

Court of Appeals of North Carolina
In re Oates, 18 N.C. App. 320 (1973)
196 S.E.2d 596; 1973 N.C. App. LEXIS 1851
Brock, Hedrick, Parker

In re Oates

Opinion of the Court

BROCK, Judge.

The question which is squarely presented by this appeal is whether an out-of-state conviction of operating a motor vehicle upon the public highway while under the influence of intoxicating liquor or an impairing drug is to be counted as a conviction for the purpose of the operation of the mandatory provision of G.S. 20-19 (e). Judge Peel, in effect, ruled that the out-of-state conviction was not to be considered as a conviction for the purposes of the application of G.S. 20-19 (e).

We disagree with his honor on this question. It seems to us that to eliminate an out-of-state conviction from consideration for the purpose of mandatory revocation under G.S. 20-19 (e) would partially circumvent the clear intent of the legislature.

The judgment entered by Judge Peel is

Reversed.

Judges Parker and Hedrick concur.

Reference

Full Case Name
IN THE MATTER OF TRUMAN M. OATES: License No. 1866698
Cited By
1 case
Status
Published