{
  "id": 8549239,
  "name": "IN THE MATTER OF TRUMAN M. OATES: License No. 1866698, Petitioner",
  "name_abbreviation": "In re Oates",
  "decision_date": "1973-05-23",
  "docket_number": "No. 734SC351",
  "first_page": "320",
  "last_page": "321",
  "citations": [
    {
      "type": "official",
      "cite": "18 N.C. App. 320"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T21:14:36.293491+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Parker and Hedrick concur."
    ],
    "parties": [
      "IN THE MATTER OF TRUMAN M. OATES: License No. 1866698, Petitioner"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nThe 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).\nWe 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.\nThe judgment entered by Judge Peel is\nReversed.\nJudges Parker and Hedrick concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Ray, for the North Carolina Department of Motor Vehicles.",
      "No counsel contra."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF TRUMAN M. OATES: License No. 1866698, Petitioner\nNo. 734SC351\n(Filed 23 May 1973)\nAutomobiles \u00a7 2\u2014 three convictions of drunken driving \u2014 revocation of license \u2014 out-of-state conviction\nAn 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 treated as a conviction for the purpose of mandatory permanent revocation of driver\u2019s license under G.S. 20-19(e).\nAppeal by respondent, North Carolina Department of Motor Vehicles, from Peel, Judge, 13 November 1972 Session of Superior Court held in Sampson County.\nPetitioner instituted this proceeding- to review the action of the North Carolina Department of Motor Vehicles in permanently revoking petitioner\u2019s driving privilege pursuant to G.S. 20-19 (e) because of three convictions of operating a motor vehicle upon the highways while under the influence of intoxicating liquor.\nThe facts disclose that petitioner was convicted of operating a motor vehicle upon the highway while under the influence of intoxicating liquor on the following dates, at the following places:\n8 December 1964 \u2014 Goldsboro, N. C.\n17 July 1970 \u2014 Richmond, Va.\n1 December 1971 \u2014 Sampson County, N. C.\nJudge Peel found the facts to be as above, and additionally found that petitioner had failed to show that the proceedings in Virginia were irregular, invalid, or otherwise insufficient to support his conviction in Virginia.\nThereafter, Judge Peel concluded as follows:\n\u201cThat the decision of the Department of Motor Vehicles mandatorily revoking the petitioner\u2019s driving privilege permanently, effective 1 December 1971, is erroneous and should be treated as a discretionary suspension or revocation.\u201d\nIt was thereafter ordered that the official notice and record of revocation be reversed, and the Department was ordered to grant petitioner a hearing to consider the restoration of petitioner\u2019s driving privilege in the discretion of the Department.\nThe North Carolina Department of Motor Vehicles appealed.\nAttorney General Morgan, by Assistant Attorney General Ray, for the North Carolina Department of Motor Vehicles.\nNo counsel contra."
  },
  "file_name": "0320-01",
  "first_page_order": 344,
  "last_page_order": 345
}