N.C.P.I.—Crim. 271.12

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

highway while the defendant’s driver’s license was revoked for an

impaired driving offense.

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 the defendant drove the motor vehicle on a highway.

Third, that at the time the defendant was driving the motor vehicle,

the defendant’s driver's license was revoked. The defendant must have

had knowledge of the revocation at the time he was driving the motor

vehicle.

And Fourth, that at the time the defendant was driving the motor

vehicle, the defendant’s driver’s license was revoked for the commission

of an impaired driving offense. (Name offense) is an impaired driving

offense.

NOTE WELL: There are numerous impaired driving

offenses that could support this offense pursuant to

G.S. § 20-28(a1).

In order for you to find that notice of the revocation was given, of

which the defendant had knowledge, [the State must prove beyond a

reasonable doubt that notice of the revocation was personally delivered

to the defendant] [the State must prove beyond a reasonable doubt that

the defendant surrendered the defendant’s license to (name official) of

the (name court) on (name date)] [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 the

defendant’s 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 revocation.] The State must prove the essential

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

revocation, from the evidence beyond a reasonable doubt.

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highway, while the defendant’s driver's license was revoked; and that the

defendant knew on that date that the defendant’s license was revoked

because [notice of the revocation was personally delivered to the

defendant] [the defendant surrendered the defendant’s 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 revocation in the United States mail in an envelope with postage

prepaid and addressed to the defendant at the defendant’s 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.