In re Oates

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

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.