43-56
Highways
Cite as N.D. Op. Att'y Gen. 43-56
OPINION
43-56
June 7, 1943
(OPINION)
HIGHWAYS
RE: Patrol - Drivers License
Your inquiry of June 2nd wherein you ask whether a person whose driver's license has
been revoked following his conviction for operating a motor vehicle, while under the
influence of intoxicating liquor, may secure a new license at the end of the revocation
period without complying with the financial responsibility act has been referred to the
undersigned for attention.
This office has held on numerous occasions that a person, whose license has been
revoked because of conviction, must comply with chapter 167 Session Laws of 1939.
Subsection c of section 8 of chapter 107 Session Laws of 1939 specifically provides:
"The suspensions or revocations hereinbefore required shall remain in effect
and the commissioner shall not issue to any such person any new or
renewal of license or register or re-register in the name of such person any
motor vehicle, until permitted under the motor vehicle laws of the state and
not then, unless and until said person gives proof of his financial
responsibility in future as hereinafter provided in this Act." (See 277 NW
535.)
Your second inquiry as to what may be done to an individual whose license was revoked
and who goes and secures a license elsewhere during the period of revocation and drives
his automobile is taken care of by subsection h of section 12 of the Driver's License Law,
as amended by chapter 175 Session Laws of 1941. This provides:
"Any person who drives a motor vehicle upon the highways of this state
while his license to operate a motor vehicle is suspended and revoked shall
be guilty of a misdemeanor."
An individual driving an automobile after his license has been revoked, even though he
might fraudulently obtain another license, would, I believe, be violating the provisions of
this section.
ALVIN C. STRUTZ
Attorney General