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An Incomplete List

Posted by The Mad Hatter on Wednesday, August 29, 2007 9:44:06 PM

I was bored one day and decided to look at all the ways that a person's drivers license could be revoked in the state of North Carolina. Obviously, Driving While Impaired (DWI) and its related offenses qualifies. But is it fair to take away a person's ability to drive for the rest?

As an attorney in rural area with little to no public transportation
I think not.

Please share your thoughts.

An Incomplete List of Circumstances Under Which a Person’s Driving Privilege May Be Revoked in NC

Charge/Conviction Term of Suspension (TOS)

1. DWI	One year for first offense Four years for second offense Permanent for third offense
2. Driving After Consuming < 21 y.o.	One year
3. Speeding > 15 mph over speed limit if limit is 55	30 days
4. Second charge of speeding > 15 mph if limit is 55 mph within one year period	60 days
5. Speeding + reckless on same date	60 days
6. 2 convictions speeding > 55 in one year
7. Conviction of Speeding and Reckless w/in 1 year
8. Willful spontaneous racing with another MV
9. Driving after Judge ordered non-operation of MV as part of suspended sentence.
10. Speeding > 75 mph in 55-65 mph zone
11. Manslaughter by MV	One year
12. Misd. Death by MV	One year
13. Manslaughter while under influence of impairing substance	Permanent
14. Assault by MV	Permanent
15. Speeding > 15 mph and attempt to avoid arrest	One year
16. Willful prearranged racing of MV	3 years + seizure of MV
17. Watching/Betting/ Loaning a car for prearranged racing	3 years + seizure of MV
18. 2 reckless driving within 1 year	One year
19. Failure to Pay Child Support
20. Revocation/Refusal of Probation for Felony	Time Def. would have been on probation
21. Conviction of any moving violation charged while license revoked
22. Any subsequent conviction of DWLR
23. FTA on any traffic citation
24. Failure to pay fines/cost for any traffic citation
25. License revocation for any reason in any member state of DL Compact
26. 12 DL points within 3 years
27. Dropping out of high school < 18 y.o.
28. Refusal to submit to blood/breath test	One year but can request hearing after 6 months
29. Being Charged with DWI	30 days
30. Conviction of Impaired Instruction	One year
31. Aid and Abet DWI	One year
32. Aid and Abet DWLR	One year
33. Involvement in MV accident with No. Ins.
34. Two traffic citations w/in one year for provisional licensee	30 days (appealable)
35. Violation of any terms/conditions of limited privilege
36. Registering any amount of alcohol in vehicle equipped with interlock device
37. CDL: Leave scene of accident with CMV	One year
38. CDL: Use CMV to commit felony
39. CDL: Use CMV with Haz. Materials to commit crime	Three years
40. CDL: Use CMV involving controlled sub.	Life
41. CDL: 2 Serious traffic violations w/in 3 years involving CMV	60 days
42. CDL: 3 Serious traffic violations w/in 3 years involving CMV	120 days
43. CDL: Operate CMV with BAC .04 or more	One year
44. CDL: Operate CMV with BAC .04 or more, Second Offense	Life
45. Court order as part of suspended sentence
46. Conviction/Circumstance of any of above that NCDMV learns about.
47. DMV determination that Driver is physically/medically unfit to drive
48. DMV determination that Driver is mentally incompetent
49. Underage purchase of Alcohol
50. Sale of Alcohol to Underage person*	*Not yet passed, but under consideration by Leg.
51. Use of vehicle in commission of felony
52. Failure to stop and provide aid
53. Perjury or false statement to DMV
54. Second conv. of open container
55. Conv. one charge of aggressive reckless driving
56. Reckless Driving while engaged in illegal transport of intoxicants for purpose of sale
57. False/Fict. Name or addy. On DL application
58. Driving school bus after consuming
60. Second conv. of larceny of gas
61. Failure to complete community service
62. Malicious use of incendiary device to damage prop.
63. Making False bomb threat
64. Poss. Explosive dev. On school prop.
65. Aid and Abet minor to poss. Explosive device on school prop.
66. Allow another to fraudulent use DL
67. DWI on military base or federal lands
68. Speeding >80 in 70 mph zone
69. DMV shall not issue a license to a person previously adjudged “insane or an idiot, imbecile, or feebleminded” NCGS § 20-9(d). Presumably, if a person is adjudged as such his/her license would be revoked. Actual statutory language.
70. Drive Moped with >49 CC while Lic. Rev.
71. DWI while riding a bicycle or lawn mower*	*And maybe a horse
72. Three moving viol. w/in one year	90 days (appealable)
73. Four moving viol. w/in one year	6 months (appealable)
74. Any other offense involving impaired driving under the 2006 revisions of Chapter 20.

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Republicans are Wrong about the Death Penalty

Posted by The Mad Hatter on Wednesday, August 29, 2007 4:06:03 PM

The Folly of the Death Penalty

    Republicans with some exceptions, are anti-abortion, often asserting that abortion is an abomination and possibly murder. However, Republicans, again with some exceptions, are pro death penalty for those who commit heinous offenses, usually murder. In this commentator's mind there exists a logical inconsistency with a belief system that says we must save them when they are young but its ok to kill them when they grow up. Similairly, the generally Democratic position is equally inconsistent in their belief that abortion is a sacred right, but the death penalty is cruel and unusual punishment. In each circumstance, a human life is ended against that person's will.

        Republicans are simply wrong to support the death penalty for the following reasons. Legal theorists have studied and formulated the various reasons and justifications for criminal punishments. Essentially there are five societal goals for criminal sanctions, no matter what the crime:
            1.    Rehabiliate the Defendant;
            2.    Punish the Defendant by restricting his freedom;
            3.    Deter others from committing the same criminal conduct;
            4.    Protect society from the Defendant;
            5.    Retribution for the Defendant's acts.

        For example, a Defendant who commits drug offenses because he is a drug addict, it may be in the best interests of society to confine the individual to rehabilitate him and address his addiction problems. Or, an individual is imprisoned to punish him for a larceny to deter both him and others from committing the same offense.

        The death penalty, however, accomplishes none to these goals. A person who commits a death eligible crime has generally commited an act so heinous that society has no interest in rehabilitating the Defendant. The death penalty has proved to be in ineffective deterrance in that it takes years to inflict the punishment and it is often performed in a closed or secretive environment.  Defendants who have petitioned the court to make their executions public have had such requests denied.

        While death does serve as a punishment and as a protection to society by permamently removing an individual, both these goals are accomplished by life imprisonment.

        Please don't counter that life doesn't mean life. In North Carolina, a person sentenced to life in prison is not eligible to ask for release for forty years, and even then such a release must be approved by the Governor. As individuals who commit crimes while under the age of 18 are not eligible for the death penalty and factoring in the amount of time it takes for a death case to go to trial, an individual conviced of a death eligible case in North Carolina would be sixty years old before he/she could ask for a release. If North Carolina can develop this system other states can also.

        This leaves retribution as the primary reason for the death penalty, a motiviation the victim's family may desire.  However, if the victim's family were to engage in vigilante justice or raise a lynch mob, they would be prosecuted. If they are not allowed to seek retribution, then neither should the government on their behalf.

        Do individuals who commit heinous crimes deserve death? Yes. But the death penalty is the one true penalty that cannot be taken back if a mistake is made, and believe me mistakes are made.

        Finally as a conservative, I believe that Republican party is wrong in its stance on the death penalty. As the party which ostensibly believes in limitied government, I submit it is wrong a philosophical level to then claim the power to kill its own citizens when other alternatives exist.