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NC · jury_instructions

N.C.P.I.—Crim. 271.10

DRIVING A MOTOR VEHICLE ON A HIGHWAY WHILE LICENSE HAS BEEN SUSPENDED OR REVOKED. MISDEMEANOR.

activein force · 2001-05-01 – presentas-observed

The defendant has been charged with driving a motor vehicle on a

highway while his driver's license was [suspended] [revoked].

For you to find the defendant guilty of this offense, the State must

prove three things beyond a reasonable doubt:

First, that the defendant drove a motor vehicle.

Second, that he drove the motor vehicle on a highway.

And Third, that at the time he was driving the motor vehicle, his

driver's license was [suspended] [revoked]. The defendant must have had

knowledge of the revocation at the time he was driving the motor vehicle. 1

In order for you to find that notice of the [suspension] [revocation]

was given, of which the defendant had knowledge, [the State must prove

beyond a reasonable doubt that notice of the [suspension] [revocation] was

personally delivered to the defendant] 2 [the State must prove beyond a

reasonable doubt that the defendant surrendered his license to (name

official) of the (name court) (name date)] 3 [the State must prove three

things beyond a reasonable doubt:

First, that notice was deposited in the United States mail at least four

days before the alleged driving of a motor vehicle by the defendant.

Second, that the notice was mailed in an envelope with postage

prepaid.

And Third, that the envelope was addressed to the defendant at his

address as shown by the records of the Department of Motor Vehicles.

Proof beyond a reasonable doubt that the State complied with the

three requirements of the notice provisions permits but does not compel you

to find that defendant received the notice and thereby acquired knowledge

of the [suspension] [revocation]. The State must prove the essential

elements of the charge, including the defendant's knowledge of the

[suspension] [revocation], from the evidence beyond a reasonable doubt. 4]

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant drove a motor vehicle on a highway,

while his driver's license was [suspended] [revoked]; and that the defendant

knew on that date that his license was [suspended] [revoked] because

[notice of the [suspension] [revocation] was personally delivered to the

defendant] [the defendant surrendered his license to (name official) of the

(name court) on (name date)] [at least four days before the alleged offense

the Department of Motor Vehicles deposited notice of the [suspension]

[revocation] in the United States mail in an envelope with postage prepaid

and addressed to the defendant at his address as shown by the records of

the Department] then it would by your duty to return a verdict of guilty. If

you do not so find or if you have a reasonable doubt as to one or more of

these things, it would be your duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 271.10 (Replacement May 2001). N.C. Gen. Stat. § 20-28. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-25
Edition
2026-09-24
Content hash
5299eb1fd35b87fb7edf46953b7bd8707ded37f7f5f808d62e155c854d3f19ac
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