Public-domain · open source
OpenJurist

285 N.C. 229

204 S.E.2d 15

State v. Carlisle

Supreme Court of North Carolina

Decided April 10, 1974

Supreme Court of North Carolina · decided 1974-04-10

Automobiles 2 — habitual offender statute — revocation of driver's — license — nature of proceeding Since a driver's license revocation proceeding is not intended to punish the habitual offender of traffic laws but to remove from the highway one who is a potential danger to himself and other travelers, the proceeding is not criminal in nature, and the trial court's judgment which held the habitual offender statute unconstitutional and which was based on a misconception as to the nature of the proceeding was properly reversed by the Court of Appeals.

Key passage — most relied on by later courts

“[T]he purpose of a [driver's license] revocation proceeding is not to punish the offender, but to remove from the highway one who is a potential danger to himself and other travelers.”

quoted by 1 later decision, including David Wayne Brewer v. Horace M. Kimel, Jr., District Attorney for the Eighteenth Judicial District, Guilford County

“[T]he revocation of a license to operate a motor vehicle is not a part of, nor within the limits of punishment to be fixed by the court, wherein the offender is tried.”

quoted by 1 later decision, including David Wayne Brewer v. Horace M. Kimel, Jr., District Attorney for the Eighteenth Judicial District, Guilford County

Relies on People Ex Rel. Karlin v. Culkin · Commonwealth v. Funk · Commonwealth v. Ellett

Good law ✅— No negative treatment on recordhow we know

Decided 1974-04-10

How this case has been cited

Cited by 22 later decisions — most recently April 2002

19 state decisions

901974198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HIGGINS, Justice.

¶1 In order to obtain a license to operate a motor vehicle upon the public highways, the applicant must by examination, satisfy the Department of Motor Vehicles that he is mentally and physically competent to operate a motor vehicle without undue risk to other travelers. The law recognizes that one who has been *231 found to be competent may lose his competency and become an undue hazard before the date his permit expires. Hence, provision is made for revocation of the license for cause. Thus when the holder of a permit becomes a menace to others on the highways by accumulating such number of convictions for violating safety rules as to disclose that he is an habitual offender, Article 8 of Chapter 20 of the General Statutes (G.S. 20-220-231) makes provision for judicial determination whether proper cause exists for revocation. The permittee has the right of appeal from an adverse judgment.

¶2 In Fox v. Scheidt, Comr. of Motor Vehicles, 241 N.C. 31, 84 S.E. 2d 259, this Court held:

“The General Assembly has full authority to prescribe the conditions upon which licenses to operate automobiles are issued, and to designate the agency through which, and the conditions upon which licenses, when issued shall be suspended or revoked. S. v. McDaniels, 219 N.C. 763, 14 S.E. 2d 793.”

¶3 In Joyner v. Garrett, Comr. of Motor Vehicles, 279 N.C. 226, 182 S.E. 2d 553, this Court held:

“Proceedings involving the suspension or revocation of a license to operate a motor vehicle are civil and not criminal in nature, and the revocation of a license is no part of the punishment for the crime for which the licensee was arrested. (Citing authorities.) A license to operate a motor vehicle is not a natural or unrestricted right, nor is it a contract or property right in the constitutional sense. It is a conditional privilege, and the General Assembly has full authority to prescribe the conditions upon which licenses may be issued and revoked. However, once issued, a license is of substantial value to the holder and may be revoked or suspended only in the manner and for the causes specified by statute. (Citing authorities.)”

¶4 Our cases offer no support for the view that a revocation proceeding is, in its nature, criminal. The comments of the trial judge in this case, at the time of entering judgment, show his misconception of a revocation proceeding. The record quotes him as saying: “[I]t’s [G.S. 20-220, et seq.] a criminal one wherein the respondent has no right to trial by jury . . . .”

¶5 The respondent’s counsel, in the brief, falls into the same error. A revocation proceeding is intended to withdraw author *232 ity to operate a motor vehicle upon a showing that permittee has become a menace to the safety of travel upon the public highway. Harrell v. Scheidt, 243 N.C. 735, 92 S.E. 2d 182; Commonwealth v. Ellett, 174 Va. 403, 4 S.E. 2d 762 (1940) ; Commonwealth v. Funk, 323 Pa. 390, 186 A. 65 (1936) ; Steele v. Road Comm., 116 W.Va. 227, 179 S.E. 810 (1935).

¶6 The purpose of a revocation proceeding is not to punish the offender, but to remove from the highway one who is a potential danger to himself and other travelers. People ex rel. Karlin v. Culkin, 248 N.Y. 465, 162 N.E. 487 (1928).

¶7 The Court of Appeals was correct in reversing the judgment entered in the Superior Court of Lenoir County and in remanding this proceeding to the superior court for the hearing contemplated by G.S. 20-220-231.

¶8 The decision of the Court of Appeals is correct and is

¶9 Affirmed.

/285/nc/229 · .json · Public domain