New Law Affects Teen Drivers in NC – G.S. 20-13.3

October 18, 2011 by  
Filed under Traffic Law

New Law Affects Teen Drivers in NC – G.S. 20-13.3

Tell your teen driver to slow down!   It could cost them big after the New Year.  The UNC School of Government reports that:  On January 1st, 2012 the new law on Civil License Revocations for Provisional Licensees goes into effect.  It’s a scary law that can land a teen driver in jail and result in a 30 day suspended license for speeding 15 mph over the posted speed limit (among numerous other moving violation).

The newly amended law, G.S. 20-13.3, will affect 16 and 17 year old drivers that have been issued a limited learner’s permit or a provisional license issued by NC DMV pursuant to G.S. 20-11. These drivers are defined as “provisional licensee[s].” G.S. 20-13.3(a)(4).  This new law does not affect 15 year old drivers that have been issued Provisional Licenses because under North Carolina state law someone under the age of 16 cannot be arrested.

The new law is activated by commission of a “criminal moving violation,” which are driving offenses that are punishable as a misdemeanor or felony offense.  This includes Reckless driving (G.S. 20-140) and Speeding more than 15 mph over limit or more than 80 mph (G.S. 20-141(j1))… Both of which are not uncommon for teens to be charged with.

Please see the end of this article for a complete list of criminal moving violations.

Under the new law a provisional licensee’s permit or license is subject to revocation under G.S. 13-3 if: (1) a law enforcement officer has reasonable grounds to believe that the provisional licensee has committed a criminal moving violation, (2) the provisional licensee is charged with that offense, and (3) the provisional licensee is not subject to a civil revocation pursuant to G.S. 20-16.5 for the same underlying conduct.

Bottom Line – If your teen speeds they risk license revocation and jail!  Contact The Gurney Law Firm if you or your teen has been charge with a traffic or criminal offense (919) 930-4027.  Mr. Gurney is a criminal defense attorney in Raleigh, NC and serves Raleigh, Cary, Garner, Apex, Wake Forest and all of Wake County.

The following offenses are criminal moving violations in North Carolina:

  • G.S. 20-137.4: Operating a school bus while using a mobile phone
  • G.S. 20-137.4A: Operating a school bus while using a mobile phone to text or access electronic email
  • G.S. 20-138.1: Driving while impaired
  • G.S. 20-138.2: Driving while impaired in a commercial vehicle
  • G.S. 20-138.2A: Operating a commercial vehicle after consuming
  • G.S. 20-138.2B: Operating a school bus, school activity bus, or child care vehicle after consuming alcohol
  • G.S. 20-138.3: Operating a motor vehicle by person less than 21 after consuming alcohol or drugs
  • G.S. 20-138.5: Habitual impaired driving
  • G.S. 20-138.7(a): Operating a motor vehicle while there is an open container of alcohol in the passenger area and while the driver is consuming or has consumed alcohol
  • G.S. 20-140: Reckless driving
  • G.S. 20-141(j1): Speeding more than 15 mph over limit or more than 80 mph
  • G.S. 20-141(j3): Speeding in a commercial motor vehicle carrying a load that is subject to the permitting requirements of G.S. 20-119 and (i) driving 15 mph or more over the posted speed, or (ii) driving 15 mph or more over the permit speed
  • G.S. 20-141.3: Operating a motor vehicle willfully in a prearranged speed competition, or operating a motor vehicle willfully in speed competition, or allowing one’s vehicle to be operated in a prearranged speed competition, or wagering on a prearranged speed competition
  • G.S. 20-141.4: Felony death by vehicle, misdemeanor death by vehicle, felony serious injury by vehicle, aggravated felony serious injury by vehicle, aggravated felony death by vehicle, repeat felony death by vehicle
  • G.S. 20-141.5: Speeding to elude arrest
  • G.S. 20-141.6: Aggressive driving
  • G.S. 20-149(b): Improper operation by an overtaken driver causing a collision resulting in serious bodily injury, bodily injury, or property damage
  • G.S. 20-157(a), (h), (i): Failing to move over for law enforcement or emergency vehicle giving warning signal, or violating G.S. 20-157 and causing damage to property or injury, or violating G.S. 20-157 and causing serious injury or death
  • G.S.20-166(a), (a1), (b), (c), (c1): Failing to stop and remain after a crash resulting in serious bodily injury or death, or failing to stop and remain after a crash resulting in injury, or failing to provide information or render assistance following a crash, or failing to stop and remain after a crash resulting in damage to property or non-apparent injury
  • G.S. 20-166.1: Failing to notify law enforcement or other owner following crash, or failing to provide proof of insurance to DMV upon request
  • G.S. 20-166.2: Failing, when a passenger in a vehicle involved in a crash, to remain at the scene, or provide information, or render assistance
  • G.S. 20-167.1: Transporting spent nuclear fuel without notifying NCSHP in advance