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18 N.C. App. 320

In re Oates

Court of Appeals of North Carolina · decided 1973-05-23

Cited by 2 later decisions — most recently March 1975

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1973-05-23

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BROCK, Judge.

¶1The 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).

¶2We 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.

¶3The judgment entered by Judge Peel is

¶4Reversed.

Judges Parker and Hedrick concur.
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