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The Driving Privileges Letter form in North Carolina serves as a critical legal document for individuals whose driving privileges have been impacted due to certain alcohol-related offenses, including impaired driving and open container violations. This form enables the court to assess eligibility for a limited driving privilege while ensuring compliance with existing laws. It outlines the specific circumstances that must be met for a defendant to qualify, including the nature of the offense, the time elapsed since any prior infractions, and the status of their driver's license at the time of the offense. Additionally, this document requires a thorough check of the individual's driving record and mandates a substance abuse assessment to be submitted to the court. It's important for applicants to understand the restrictions imposed as part of the limited driving privilege, which range from prohibition against consuming alcohol while driving to limitations on vehicle operation based on work and educational needs. Furthermore, this privilege has defined effective and expiration dates, providing clear parameters within which the defendant must operate. The document emphasizes compliance and highlights the consequences of violating any terms, underscoring its role not only in restoring driving abilities but also in promoting responsible driving behavior post-offense.

Form Sample

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NOTE: Use AOC-CV-352 when defendant's license was revoked for a conviction in another state or in a federal court.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.

Date

Signature Of Defendant

CERTIFICATION

I certify that this is a true and complete copy of the original on file in this case.

Date

Signature

Deputy CSC Clerk Of Superior Court

Assistant CSC

AOC-CR-312, Side Two, Rev. 10/15

© 2015 Administrative Office of the Courts

⇩ PDF

Document Specifications

Fact Name Details
Governing Law The Driving Privileges Letter in North Carolina is governed under G.S. 20-17.3, 20-179.3, 20-138.3(d), and 20-138.7(h).
Eligibility Requirements To apply for a limited driving privilege, the defendant must have held a valid driver’s license or one expired for less than one year at the time of the offense.
Substance Abuse Assessment The defendant must obtain and file a substance abuse assessment with the court to qualify for the limited driving privilege.
Restrictions Imposed Restrictions include not consuming alcohol or controlled substances while driving, and specific limitations on when and where the defendant may drive.
Validity Period The limited driving privilege is effective for one year from the date of the revocation, provided all conditions are met.
Violation Consequences Violating any restrictions can result in a charge of driving while license revoked according to G.S. 20-28.

Steps to Filling Out Driving Privileges Letter North Carolina

Completing the Driving Privileges Letter in North Carolina is an important step in regaining limited driving rights after a DUI or related conviction. This form serves as a request and establishes which driving privileges you may have moving forward. Carefully following the steps outlined below will help ensure that you provide all necessary information accurately and comply with any distinct requirements of the court.

  1. Begin by entering the File Number and the County at the top of the form.
  2. Fill in the Name and Address of Defendant, ensuring that all details are correct.
  3. Indicate the type of violation: Impaired Driving, Open Container, or Underage Alcohol Violation.
  4. Provide the following personal details: Race, Sex, Height, Weight, Hair Color, Eye Color, and Date of Birth.
  5. Enter your Driver's License Number and the State of issuance.
  6. Document the Date of Offense and the Date of Conviction for clarity.
  7. Review the findings section carefully and check each applicable point regarding your conviction and circumstances.
  8. If applicable, attach and submit forms DL-123 and DL-123A as mentioned, confirming financial responsibility.
  9. Indicate the Effective Date for the limited driving privilege.
  10. Have the Judge's Name printed under their signature, and ensure the judge has signed and dated the form.
  11. Fill in any applicable Restrictions, specifying the conditions of your driving privilege.
  12. Sign and date where indicated in the Notice/Acknowledgment of Receipt section.
  13. Ensure the form is filed properly with the correct signatures for Certification from the Clerk of Superior Court.

More About Driving Privileges Letter North Carolina

What is the Driving Privileges Letter in North Carolina?

The Driving Privileges Letter, also known as limited driving privilege, allows certain individuals in North Carolina to drive under specific conditions despite having their driver's license revoked due to impaired driving or other alcohol-related offenses. This document outlines the limitations and requirements the individual must adhere to while driving legally during their revocation period.

Who is eligible for a limited driving privilege?

To qualify, a person must have been convicted of a specified impairment-related offense in North Carolina. They must have held a valid or recently expired driver's license at the time of the offense, and they shouldn't have prior impaired driving convictions within the past seven years. Additionally, the court requires a substance abuse assessment to be submitted alongside the application.

What restrictions come with a limited driving privilege?

The limited driving privilege imposes several restrictions. A person cannot drive while under the influence of alcohol or any controlled substances unless they're legally prescribed. The individual can only drive during specific hours, typically for work, religious purposes, or educational commitments. Driving is allowed for medical emergencies at any time, but commercial vehicle operation is prohibited.

How long does the limited driving privilege last?

The limited driving privilege typically lasts one year from the date the Division of Motor Vehicles revokes the driver's license, provided all conditions are met. It's essential to understand that if the underlying reason for the license revocation remains unresolved, the privilege may be revoked as well.

What should a defendant do if they violate the restrictions?

If a person violates any restrictions associated with their limited driving privilege, they can face serious repercussions. This could include additional charges for driving while license revoked and may affect their probation status if applicable. It's crucial to comply strictly with all guidelines established in the Driving Privileges Letter.

Can a limited driving privilege be extended or renewed?

The limited driving privilege is not automatically extendable. If circumstances arise that require an extension, a new application will typically need to be submitted to the court, demonstrating compliance with all prior restrictions and maintaining the appropriate legal conditions.

Are there any financial responsibilities associated with the limited driving privilege?

Yes, maintaining financial responsibility is a condition of the limited driving privilege. Individuals may need to provide proof of insurance or other financial documentation, ensuring they are financially responsible while driving under this privilege.

What should someone do if they have questions about their specific situation?

If there are any uncertainties regarding a limited driving privilege, it's advisable to consult with a legal professional or contact the court for guidance. Understanding the full implications of these privileges and adhering closely to the terms is crucial for compliance and future driving opportunities.

Common mistakes

  1. Incomplete Personal Information: Many individuals fail to provide all necessary details about themselves, such as their race, sex, height, weight, and other identifying information.

  2. Neglecting to Check for Other Revocations: Some applicants overlook the importance of confirming that there are no other license revocations in effect. Ensuring this can impact the granted privilege.

  3. Improper Use of Supporting Forms: The correct forms, like DL-123 and DL-123A, must be completed and submitted. Mistakes include not signing them or providing inaccurate information.

  4. Misunderstanding Eligibility Requirements: Applicants often misinterpret the qualifications. They may apply without realizing that their conviction type or prior incidents may disqualify them.

  5. Ignoring Required Substance Abuse Assessment: Failing to obtain and file a substance abuse assessment with the court can lead to denial of the driving privileges application.

Documents used along the form

When navigating the complexities of obtaining a limited driving privilege in North Carolina, there are several key documents that often accompany the Driving Privileges Letter. Each document serves a specific purpose, ensuring compliance with state requirements and facilitating the application process.

  • AOC-CV-352: This form is used when a defendant's license was revoked due to a conviction in another state or federal court, addressing inter-jurisdictional issues related to driving privileges.
  • AOC-CR-340: This document pertains to individuals who have been imposed an ignition interlock restriction, outlining further requirements for their driving privileges.
  • DL-123: A crucial form that demonstrates the defendant’s financial responsibility, confirming they can cover any liabilities resulting from vehicle operation.
  • DL-123A: This form indicates that the defendant is not required to provide proof of financial responsibility, simplifying requirements for certain applicants.
  • Substance Abuse Assessment: A report submitted to the court showing that the defendant has completed an assessment, which is often required as part of regaining driving privileges.
  • Community Service Documentation: Records verifying any community service completed, ensuring the defendant fulfills any court-ordered obligations.
  • Proof of Employment or Education: Documentation that confirms the defendant's work or educational commitments, necessary for obtaining specific driving privileges during limited hours.
  • Driving Log: A detailed record kept by the defendant of their driving activities while under the limited driving privilege, which may be required for accountability.
  • Compliance Certificates: These are issued to verify that the defendant has complied with court orders regarding treatment or educational programs related to alcohol or substance use.

Understanding these documents' roles can significantly ease the application process for limited driving privileges. The interplay between forms not only enhances compliance but also aids in establishing a pathway to regaining full driving rights.

Similar forms

The Limited Driving Privilege Application is a document that allows individuals whose licenses have been suspended or revoked due to certain legal violations to apply for the ability to drive within specified limitations. Similar to the Driving Privileges Letter in North Carolina, this application includes an assessment of the individual's eligibility based on their driving history and the nature of their offense. Both documents require the defendant to demonstrate financial responsibility and adhere to specific court-imposed conditions for their driving privileges.

The Alcohol and Drug Assessment form serves a critical role in the process following impaired driving offenses. This document evaluates a defendant’s substance use and treatment needs, akin to the requirements detailed in the Driving Privileges Letter. Just as the letter mandates the filing of a substance abuse assessment, this form helps determine appropriate interventions required for individuals seeking limited driving privileges after a DUI conviction.

The Ignition Interlock License application operates similarly by allowing individuals to drive when they have installed an ignition interlock device in their vehicle. Like the Driving Privileges Letter, this application considers the individual’s driving offense and outlines specific limitations while providing a path to regain driving rights. Both documents address the need for compliance with safety measures to mitigate future offenses.

The Restricted Driver's License Application is a document that outlines the provisional rights granted to defendants who may need to drive in order to meet essential daily needs. Similar to the Driving Privileges Letter, this application includes restrictions on driving privileges and emphasizes the driver’s adherence to legal requirements while operating a vehicle after a conviction.

The Certificate of Financial Responsibility is sometimes required alongside these applications. This document verifies that the individual has the necessary liability coverage to operate a vehicle legally. Much like the requirements depicted in the Driving Privileges Letter, this certificate aims to ensure that individuals maintain financial accountability while enjoying their driving privileges under court restrictions.

The DMV Reinstatement Application is fundamental for individuals who seek to restore their driving privileges after a revocation. This application assesses similar criteria as the Driving Privileges Letter, focusing on the individual's driving history and ensuring compliance with all financial and legal responsibilities associated with securing a valid driver’s license once again.

The Notice of Suspension is another related document that informs individuals of the legal consequences of their actions leading to license revocation, similar to the Driving Privileges Letter. While one document details the privileges a driver can obtain post-revocation, the other serves as a formal notification of limitations, contributing to a comprehensive understanding of the driving rights and responsibilities laid out by the court.

Dos and Don'ts

When filling out the Driving Privileges Letter in North Carolina, there are important guidelines to follow to ensure accuracy and compliance with legal requirements. Here are eight things you should and shouldn't do:

  • Do double-check your personal information for accuracy, including name, address, and date of birth.
  • Do ensure that you have all necessary documents ready, such as the DL-123 form proving financial responsibility.
  • Do review the restrictions placed on your limited driving privilege carefully.
  • Do confirm that you've filed a substance abuse assessment as required.
  • Don't omit any requested information; incomplete forms can lead to delays.
  • Don't misrepresent prior convictions or the status of your driver’s license.
  • Don't ignore the implications of driving under the influence, including potential legal repercussions.
  • Don't forget to keep a copy of the completed form for your records.

Following these dos and don'ts can help facilitate your application process and ensure you remain compliant with North Carolina laws regarding limited driving privileges.

Misconceptions

Understanding the Driving Privileges Letter in North Carolina is essential, but several misconceptions can lead to confusion. Here are five common misunderstandings.

  1. The Driving Privileges Letter grants full driving rights. Many believe this letter allows complete driving freedom. In reality, it provides limited privileges restricted to specific situations, such as work or education.
  2. All offenses qualify for limited driving privileges. This is false. Only certain convictions for impaired driving or offenses related to alcohol may allow a defendant to apply for limited driving privileges. Understanding these specific qualifications is crucial.
  3. The privilege lasts indefinitely. Some may think this limited privilege continues indefinitely. However, it only lasts for one year or until the original revocation conditions are met, whichever comes first.
  4. Driving privileges are automatic upon application. Many assume that applying guarantees approval. The court has discretion and will consider the individual's driving history, existing offenses, and compliance with requirements before granting any privileges.
  5. Once granted, restrictions can be ignored. This misconception can lead to serious repercussions. Violating any conditions of the limited driving privilege can result in revocation and additional legal consequences.

It’s vital to seek precise information and adhere to all regulations associated with the Driving Privileges Letter to avoid complications. Understanding these misconceptions will help you navigate the process more effectively.

Key takeaways

When filling out and using the Driving Privileges Letter North Carolina form, several key points should be considered. Understanding these aspects can facilitate a smoother process.

  • Eligibility Requirements: The form is applicable for defendants convicted of specific offenses, such as impaired driving or underage alcohol violations. Ensure you meet the criteria before applying.
  • Documentation: A substance abuse assessment must be filed with the court. Additionally, proof of financial responsibility through forms DL-123 or DL-123A is necessary.
  • Restrictions: The limited driving privilege comes with restrictions. For instance, you cannot drive with alcohol in your system or operate a commercial vehicle.
  • Time Limits: The privilege is effective for a designated period, typically one year, contingent upon maintaining required financial responsibilities and the revocation periods.
  • Compliance: Adhering to the defined restrictions is crucial. Violating these terms can lead to further legal consequences, including potential license revocation.

Being aware of these key takeaways can aid in effectively navigating the limited driving privilege process in North Carolina.