In re Oates

Court of Appeals of North Carolina

In re Oates

196 S.E.2d 596, 18 N.C. App. 320, 1973 N.C. App. LEXIS 1851

CourtCourt of Appeals of North Carolina

DecidedMay 23, 1973

DocketNo. 734SC351

StatusPublished

Cited by1 cases

This text of 196 S.E.2d 596 (In re Oates) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Oates, 196 S.E.2d 596, 18 N.C. App. 320, 1973 N.C. App. LEXIS 1851 (N.C. Ct. App. 1973).

Pincite

Opinion

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.

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