{
  "id": 8524774,
  "name": "REGINALD WAYNE BELK v. ELBERT L. PETERS, JR., Commissioner, and DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NORTH CAROLINA",
  "name_abbreviation": "Belk v. Peters",
  "decision_date": "1983-07-05",
  "docket_number": "No. 8226SC719",
  "first_page": "196",
  "last_page": "198",
  "citations": [
    {
      "type": "official",
      "cite": "63 N.C. App. 196"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 206,
    "char_count": 3410,
    "ocr_confidence": 0.795,
    "sha256": "bac2ff86c2817feaf9cb7b5fbdb2110265b4170126f4d97d13e0c9199789e215",
    "simhash": "1:eddd5837c0e8c778",
    "word_count": 550
  },
  "last_updated": "2023-07-14T21:55:10.514065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Wells and Becton concur."
    ],
    "parties": [
      "REGINALD WAYNE BELK v. ELBERT L. PETERS, JR., Commissioner, and DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NORTH CAROLINA"
    ],
    "opinions": [
      {
        "text": "EAGLES, Judge.\nWe reject plaintiff\u2019s contention that a violation of G.S. 20450(d) falls under the \u201call other moving violations\u201d category of G.S. 2046(c) for which only two points are awarded. Plaintiff\u2019s record of conviction was corrected to reflect a conviction for a violation of G.S. 20450(d). G.S. 20450 is entitled \u201cLimitations on privilege of overtaking and passing.\u201d Under G.S. 2046(c), the Division of Motor Vehicles must enter four points on the motor vehicle record of any person convicted of \u201cillegal passing.\u201d We hold that plaintiff pled guilty under G.S. 20450(d) to one form of illegal passing and his motor vehicle record presently reflects the correct point value for that violation.\nFor the above reason the judgment of the Superior Court is\nAffirmed.\nJudges Wells and Becton concur.",
        "type": "majority",
        "author": "EAGLES, Judge."
      }
    ],
    "attorneys": [
      "Lila Bellar, for plaintiff-appellant.",
      "Attorney General Edmisten by Special Deputy Attorney General Jean A. Benoy, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "REGINALD WAYNE BELK v. ELBERT L. PETERS, JR., Commissioner, and DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NORTH CAROLINA\nNo. 8226SC719\n(Filed 5 July 1983)\nAutomobiles and Other Vehicles \u00a7 2.1\u2014 points assessed for \u201cdriving left of center\u201d\nA conviction of \u201cdriving left of center\u201d in violation of G.S. 20-150(d), which is a subsection under a statute relating to \u201climitations on privilege of overtaking and passing,\u201d constituted a conviction of one form of \u201cillegal passing\u201d for which four points must be assessed under G.S. 20-16(c) rather than a conviction under the category of \u201call other moving violations\u201d for which only two points are assessed under that statute.\nAppeal by plaintiff from Grist, Judge. Judgment entered 23 March 1982 in Superior Court, MECKLENBURG County. Heard in the Court of Appeals 12 May 1983.\nOn 9 March 1980 plaintiff received a traffic violation citation for \u201cdriving left of center\u201d in violation of G.S. 20450(d). The record reflects that \u201c[tjhrough inadvertence, the citation was incorrectly marked to reflect a violation of N.C.G.S. \u00a7 20-146, \u2018driving on the wrong side of the road,\u2019 . . . .\u201d\nPlaintiff waived trial and pled guilty, believing he had admitted to a violation of G.S. 20450(d). Under G.S. 2046(c) four points were assigned to plaintiff\u2019s license by the Division of Motor Vehicles for a violation of G.S. 20-146. The plaintiff subsequently discovered the mistake, and his motion to correct the court record of conviction so that it would reflect a conviction for \u201cdriving left of center\u201d pursuant to G.S. 20450(d) was granted in District Court. Although the Division of Motor Vehicles was notified repeatedly, plaintiff\u2019s motor vehicle record at the Division of Motor Vehicles was never amended to reflect this change. Plaintiff contended that his motor vehicle record should reflect only two points for a conviction under G.S. 20450(d), instead of the four points assigned for the conviction under G.S. 20-146.\nOn 28 January 1981, plaintiff petitioned to have the point value for the above conviction changed on his motor vehicle record from four to two points and to permanently enjoin defendant from revoking plaintiff\u2019s license. After a hearing on the matter, the court concluded that plaintiff was not entitled to a change of points on his motor vehicle record and that plaintiff\u2019s license was subject to revocation for having accumulated twelve or more points on his driving record.\nLila Bellar, for plaintiff-appellant.\nAttorney General Edmisten by Special Deputy Attorney General Jean A. Benoy, for defendant-appellee."
  },
  "file_name": "0196-01",
  "first_page_order": 228,
  "last_page_order": 230
}
