The Driving Privileges Letter in North Carolina is a legal document that allows individuals with certain driving offenses to regain limited driving rights. This form is particularly relevant for those convicted of impaired driving or related alcohol violations. By meeting specific criteria set forth by the court, defendants can apply for a restricted license to drive under defined conditions.
The Driving Privileges Letter in North Carolina serves as an important legal document for individuals who have faced certain driving-related offenses, such as impaired driving or violations related to alcohol consumption. This form is utilized within the General Court of Justice and outlines the terms under which a defendant may be granted limited driving privileges following a conviction. Key aspects of the form include the identification of the defendant, details of the offense, and specific findings that the court must establish to approve the limited driving privilege. These findings ensure that the defendant has met certain criteria, such as holding a valid or recently expired driver's license at the time of the offense and not having any prior convictions for impaired driving within a specified timeframe. The order issued by the court specifies the effective date of the limited driving privilege and the duration for which it remains valid. Additionally, the document outlines restrictions on driving, including prohibitions on alcohol consumption while driving and limitations on the types of vehicles that may be operated. The form also emphasizes the importance of maintaining financial responsibility and compliance with any court-ordered substance abuse assessments. Overall, the Driving Privileges Letter serves to provide a structured approach for individuals seeking to regain limited driving rights while adhering to the legal requirements set forth by the court.
D422 - Any underpayments highlighted on the D-422 must be calculated carefully to avoid errors.
What Paperwork Do I Need to Sell My Car Privately in Nc - The statement regarding parts damaged must be completed if relevant to the vehicle's history.
For those navigating the complexities of divorce, understanding the intricate details of the Divorce Settlement Agreement process in California is crucial. This form serves to clarify matters such as asset division and support responsibilities, ensuring a smoother transition for both parties involved.
Reporting Forms - Checking for errors before submission can streamline the processing time.
STATE OF NORTH CAROLINA
File No.
County
In The General Court Of Justice
District
Superior Court Division
STATE VERSUS
LIMITED DRIVING PRIVILEGE
Name And Address Of Defendant
IMPAIRED DRIVING OR
OPEN CONTAINER
OR UNDERAGE ALCOHOL VIOLATION
(N.C. CONVICTIONS ONLY)
Race
Sex
Height
Weight
G.S. 20-17.3, 20-179.3, 20-138.3(d), 20-138.7(h)
Hair Color
Eye Color
Date Of Birth
Drivers License No.
State
Date Of Offense
Date Of Conviction
NOTE: Use AOC-CV-352 when defendant's license was revoked for a conviction in another state or in a federal court. Use AOC-CR-340 when imposing an ignition interlock restriction.
FINDINGS
Upon application of the defendant for a limited driving privilege, the Court finds that:
1. The defendant has been convicted of impaired driving under
G.S. 20-138.1;
G.S. 20-138.2;
G.S. 20-138.3;
or
the defendant has been convicted of a second or subsequent offense of transporting an open container of alcoholic beverage
under G.S. 20-138.7(a); or
the defendant has been convicted under G.S. 18B-302(a1); or
the defendant has been
convicted under G.S. 18B-302(c);
2.At the time of the offense, the applicant held either a valid drivers license or a license that had been expired for less than one (1) year;
3.At the time of the offense, the defendant had not within the preceding seven (7) years been convicted of an offense involving impaired driving;
4.Punishment level three, four, or five has been imposed upon the defendant for the offense of impaired driving, or the defendant has been convicted under G.S. 20-138.3, or the defendant has been convicted of a second or subsequent offense under G.S. 20-138.7(a), or the defendant has been convicted under G.S. 18B-302(a1), or the defendant has been convicted under G.S. 18B-302(c);
5.Subsequent to the offense, the defendant has not been convicted of, or had an unresolved charge lodged against the defendant for, an offense involving impaired driving;
6.The records of the Division of Motor Vehicles and the Clerk of Superior Court in this county have been searched, and there are no other revocations in effect at this time;
7.The defendant has obtained and filed with the court a substance abuse assessment;
8.If convicted only under G.S. 20-138.3, the defendant was 18, 19 or 20 years old on the date of the offense and has not previously been convicted of a violation of G.S. 20-138.3; (NOTE: Even if the defendant was 18, 19 or 20 years old at the time of the offense, he/she may not receive a limited driving privilege if his/her current conviction was under either (1) G.S. 20-138.1 or (2) both G.S. 20-138.1 and G.S.
20-138.3.)
9. a. The Court has been furnished a properly executed form DL-123 and is satisfied that the defendant is financially responsible.
b. The defendant has executed form DL-123A and is not required to furnish proof of financial responsibility.
ORDER
It is ORDERED that the defendant be allowed a limited driving privilege to be effective on the date indicated below to be used in accordance with the restrictions imposed on the reverse of this form, and to expire one year from the date on which the Division of Motor Vehicles revokes the defendant's drivers license pursuant to G.S. 20-17(a)(2), G.S. 20-13.2(a), G.S. 20-17(a)(12), or G.S. 20-17.3. This limited driving privilege is conditioned upon the maintenance of any financial responsibility required by G.S. 20-179.3(l) during the period of this privilege.
Effective Date
NOTE TO DEFENDANT: This privilege is no longer valid after the revocation period for the offense of which you were convicted has ended, or if your drivers license remains revoked solely because the Division of Motor Vehicles has not obtained a certificate of your completion of a substance abuse treatment program or an alcohol and drug education traffic school.
Date
Signature Of Judge
Name Of Judge (Type Or Print)
AOC-CR-312, Rev. 10/15
Original - File Certified Copy - Applicant Copy - DMV
(Over)
© 2015 Administrative Office of the Courts
RESTRICTIONS
The driver shall not drink alcohol while driving or drive while any alcohol remains in his/her body. The driver shall not drive while having a controlled substance in his/her body unless such controlled substance was lawfully obtained and taken in therapeutically approved amounts. This limited driving privilege DOES NOT include the privilege of operating a commercial motor vehicle as defined in G.S. 20-4.01(3d). Driving when essential for emergency medical care is authorized at any time. Standard working hours are from 6 AM to 8 PM, Monday - Friday.
Driving other than for emergency medical care is permitted only as follows: (check only applicable boxes.)
1. Driving is permitted for work-related, religious worship, or educational purposes during standard working hours as follows:
2. Driving is permitted for maintenance of household during standard working hours as follows:
3. Driving is permitted for work-related, religious worship, or educational purposes during nonstandard working hours as follows.
The driver is self employed and the required documentation for work-related driving is attached.
4.Driving is permitted for community service assignment, Alcohol and Drug Education Traffic School, and substance abuse assessment or treatment as follows:
5. Driving is restricted to:
a. any non-commercial vehicle registered in the name of the driver. b. the following non-commercial vehicle(s):
6.Additional restrictions: Other:
Corrective Lenses
45 M.P.H. Only
Daylight Only
Name And Address Of ADET School, Community Service Coordinator, Or Mental Health Treatment Facility To Which Driver Assigned
Name And Address Of Employer Or Driver's Place Of Work
NOTICE/ACKNOWLEDGMENT OF RECEIPT
I have received a copy of this limited driving privilege which contains the restrictions on my driving privilege. I understand that if I drive with the odor of alcohol on my breath, I may be subject to arrest and loss of this limited driving privilege; I understand that this is my limited license to drive; that I must keep it in my possession during the period of revocation; that if my drivers license is revoked for any other reason, this limited driving privilege is invalid; that a violation of any restriction imposed in connection with this limited driving privilege constitutes the offense of driving while license revoked under G.S. 20-28; that if community service has been ordered, my willful failure to pay the prescribed fee or complete the community service within the time limit imposed shall result in revocation of this limited driving privilege; and that my willful
failure may also result in other action authorized by law for violation of a condition of probation.
Signature Of Defendant
CERTIFICATION
I certify that this is a true and complete copy of the original on file in this case.
Signature
Deputy CSC Clerk Of Superior Court
Assistant CSC
AOC-CR-312, Side Two, Rev. 10/15
Filling out the Driving Privileges Letter requires accurate personal information, including your name, address, and details about your driving history. Make sure all information is correct to avoid delays.
The court will evaluate your eligibility based on specific criteria, such as the nature of your offense and your driving record. It is important to understand these factors before applying.
Once granted, the limited driving privilege comes with restrictions. You must adhere to these rules, including not consuming alcohol while driving and only using the vehicle for specified purposes.
This privilege is temporary and will expire after one year or when your driving license is reinstated. Keep track of these dates to ensure compliance.
Finally, it is crucial to keep a copy of the limited driving privilege with you at all times while driving. This document serves as proof of your right to drive under the conditions set by the court.