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The Driving Privileges Letter in North Carolina serves as an important legal document that grants a limited driving privilege to individuals whose driving licenses have been revoked due to specific offenses, primarily involving impaired driving or violations related to alcohol consumption. It outlines critical information pertaining to the defendant, including personal details such as race, sex, height, and drivers license number, alongside the date of both the offense and conviction. The form stipulates various findings that must be satisfied before a limited driving privilege can be granted. These conditions include a review of the defendant's driving history, such as the absence of any prior impaired driving offenses within the previous seven years, and a requirement for the defendant to demonstrate financial responsibility. Importantly, the document mandates that the individual has undergone a substance abuse assessment, further illustrating the state’s commitment to addressing behavioral factors associated with such offenses. The order itself specifies the effective period of the limited driving privilege and the restrictions imposed, which may include limitations on driving times, prohibited substances during operation, and specific allowed activities. Additionally, it warns that any violation of the established restrictions can lead to serious legal consequences. This letter thus encapsulates not only the legal ramifications of the defendant’s actions but also mechanisms aimed at promoting responsible behavior moving forward.

Driving Privileges Letter North Carolina Example

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

Get Driving Privileges Letter North Carolina PDF Form

Form Characteristics

Fact Name Fact Description
Governing Laws The Driving Privileges Letter is governed by North Carolina General Statutes G.S. 20-17.3, 20-179.3, 20-138.3(d), and 20-138.7(h).
Eligibility Criteria To qualify for a limited driving privilege, the defendant must have held a valid license at the time of the offense and must not have subsequent impaired driving convictions.
Application Process The defendant must apply through the court, ensuring a substance abuse assessment is filed and that the judge is satisfied with financial responsibility.
Restrictions While using the limited driving privilege, the defendant cannot consume alcohol and should not operate a commercial vehicle.

Guidelines on Utilizing Driving Privileges Letter North Carolina

Filling out the Driving Privileges Letter in North Carolina requires careful attention to detail to ensure the information is accurate. Once you have completed the form, it will be submitted to the court for approval, and you will need to adhere to any restrictions specified within. Below are the steps to properly fill out the form.

  1. Gather necessary personal information: your full name, address, date of birth, race, sex, height, weight, hair color, and eye color.
  2. Locate your driver’s license number and the state where it was issued.
  3. Identify the date of offense and the date of conviction related to the impaired driving or alcohol violation.
  4. Fill out the findings section carefully, ensuring you check all applicable points regarding your conviction history and current status.
  5. Specify the effective date for the limited driving privilege, which should be filled according to the court's schedule.
  6. Sign where indicated as the defendant, confirming your understanding of conditions and restrictions.
  7. Provide the name and signature of the judge in the designated area at the bottom of the form.
  8. If applicable, ensure to attach any necessary documentation such as proof of financial responsibility or documentation related to the completion of a substance abuse assessment.

What You Should Know About This Form

What is the purpose of the Driving Privileges Letter in North Carolina?

The Driving Privileges Letter serves as a limited driving privilege for individuals who have been convicted of certain offenses related to impaired driving or underage alcohol violations. This form allows the court to grant a conditional ability to drive under specific restrictions, despite a revoked driver’s license. It is essential for individuals who need to maintain essential transportation, such as for work, education, or medical purposes.

Who is eligible for a limited driving privilege?

Eligibility for a limited driving privilege primarily depends on the specifics of the offense and the individual’s driving history. Generally, individuals must have been convicted of impaired driving or specific alcohol-related violations. They must also hold a valid license or one that expired less than a year before the offense. Furthermore, the defendant should not have other unresolved impaired driving charges in the past seven years, and they must have completed an approved substance abuse assessment.

What restrictions are imposed with the limited driving privilege?

With this privilege, there are several crucial restrictions in place. The driver is not allowed to consume alcohol while driving or have any controlled substances in their body unless they are lawfully obtained medications. Specific driving times are also enforced, typically limited to standard working hours unless otherwise specified. Driving is permitted only under outlined purposes, such as for work, education, or medical care. Failure to adhere to these restrictions can result in serious consequences, including the loss of this privilege and potential legal ramifications.

What happens if I violate the restrictions of the limited driving privilege?

Violating any restriction of the limited driving privilege is treated seriously under North Carolina law. Engaging in prohibited activities such as driving under the influence, or exceeding the allowed driving hours may constitute driving with a revoked license. This can lead to the revocation of the privilege and may incur further legal penalties, such as fines or additional charges. It's crucial to fully understand and comply with all stipulations outlined in the Driving Privileges Letter to avoid these consequences.

Common mistakes

Filling out the Driving Privileges Letter North Carolina form is a crucial step for those seeking limited driving rights after certain convictions. However, several common mistakes can lead to delays or outright rejection of the application. Understanding these typical errors can help applicants avoid pitfalls.

One frequent mistake involves not providing complete personal information. Applicants sometimes skip over fields such as race, height, or eye color. Each detail contributes to the verification process, and incomplete sections may raise red flags. The omission of critical identifiers can cause the form to be processed more slowly or can lead to a denial.

Another common error lies in misunderstanding the requirements related to prior convictions. Many applicants do not fully grasp the stipulations around having no previous impaired driving offenses within seven years. Failing to accurately disclose past offenses can be detrimental to the application. It’s essential to reflect honesty about one's driving history, as discrepancies could result in legal consequences.

In some cases, individuals misunderstand the documentation needed to support their application. Especially, the requirement for a substance abuse assessment is overlooked by numerous applicants. This document must be filed with the court, yet many assume it will be handled automatically. Neglecting to present this assessment could stall the process or render the entire request void.

Financial responsibility, another critical aspect, is often improperly addressed. Applicants must submit a properly executed form DL-123 to prove their financial responsibility. However, failure to include this form or not understanding its importance may result in a significant setback. It is advisable to ensure every relevant document is attached before submission.

Some applicants do not pay adequate attention to the restrictions related to their limited driving privileges. They often overlook the conditions that dictate driving times, such as standard and non-standard working hours. Not adhering to these restrictions can lead to violations and additional penalties.

Lastly, the acknowledgment section is frequently neglected. Applicants may overlook the necessity of signing and dating this section. This acknowledgment confirms understanding of the limitations and responsibilities that come with the limited driving privilege. Failing to comply can result in misunderstandings that complicate one’s legal standing.

In conclusion, understanding these common mistakes can significantly improve the chances of a successful application for a Driving Privileges Letter in North Carolina. Double-checking all details, providing necessary documentation, and comprehending the stipulations of the process are keys to navigating this legal requirement successfully.

Documents used along the form

When applying for a Driving Privileges Letter in North Carolina, several other forms and documents may also be needed. These documents help clarify the circumstances surrounding a driver's license status and the requirements for obtaining limited driving privileges. Here are some important documents that often accompany the Driving Privileges Letter:

  • AOC-CV-352: This form is used when a defendant's license has been revoked due to a conviction in another state or by a federal court. It allows the court to assess the out-of-state revocation and its impact on the individual's driving privileges in North Carolina.
  • AOC-CR-340: This document is necessary when a court imposes an ignition interlock restriction on a defendant's license. It outlines the requirements for the installation and use of an ignition interlock device, which is often mandated for individuals with certain alcohol-related offenses.
  • Form DL-123: This form serves to prove that the defendant is financially responsible and meets auto insurance requirements. It is an essential document for obtaining a limited driving privilege after a conviction.
  • Form DL-123A: Used by defendants who are not required to provide proof of financial responsibility. This document may simplify the process for those qualifying under specific conditions that exempt them from typical insurance requirements.

Having these documents ready can streamline the process of obtaining a driving privilege after a revocation. It's crucial to ensure all paperwork is accurately completed and submitted to avoid any delays in regaining limited driving rights.

Similar forms

  • Limited Driving Privilege (LDP) Application: Similar to the Driving Privileges Letter, an LDP application is submitted to allow individuals to drive under certain conditions after a DUI conviction, ensuring they can attend necessary activities while adhering to restrictions.
  • Traffic Violation Notice: Like the Driving Privileges Letter, a Traffic Violation Notice outlines the charges against a driver and the potential consequences, including license suspension or revocation.
  • Substance Abuse Assessment Form: This document is essential in both instances as it evaluates an individual for substance-related issues, which can influence driving privileges and court decisions.
  • Financial Responsibility Certification: Just as the Driving Privileges Letter requires proof of financial responsibility (form DL-123), this document demonstrates a driver can cover damages in an accident, ensuring safe operation.
  • Ignition Interlock Device (IID) Order: This form shares similarities in that it enforces the use of an IID for certain offenders, establishing measures to prevent impaired driving while allowing the individual to drive legally.
  • Revocation Notice: A Revocation Notice informs individuals of their driving license status. Similarly, the Driving Privileges Letter communicates terms surrounding limited driving privileges after a conviction.
  • Certificate of Completion: Like the Driving Privileges Letter, this certificate is necessary for those who have completed treatment programs, impacting their eligibility for limited driving privileges.
  • Community Service Order: This document mandates community service for offenders, paralleling the Driving Privileges Letter by ensuring compliance with court-imposed restrictions connected to their driving privilege status.

Dos and Don'ts

  • Do ensure all personal information is accurate and complete.
  • Do read the instructions carefully before filling out the form.
  • Do provide all required supporting documents, such as proof of financial responsibility.
  • Do sign and date the form where indicated to validate your submission.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank; every question must be answered.
  • Don't submit the form without reviewing it for errors.
  • Don't provide false information or misrepresent your circumstances.
  • Don't ignore any deadlines for filing or submitting additional documents.
  • Don't forget to understand the restrictions placed on your limited driving privilege.

Misconceptions

  • Limited driving privileges mean a full license. Many people mistakenly think that obtaining a limited driving privilege is the same as having a full driver’s license. In reality, it comes with specific restrictions and does not grant the same rights as a full license.
  • Compliance with restrictions is optional. Some individuals believe they can ignore the restrictions associated with their limited driving privilege. However, violating any of these restrictions can lead to additional penalties, including license revocation.
  • Limited driving privileges last indefinitely. It’s a common misunderstanding that limited driving privileges are permanent. They expire after a set period or under certain conditions, like when the related revocation period ends.
  • Driving is always permitted for work. While the form allows for work-related driving, it is not unrestricted. Drivers must still adhere to specific time frames and conditions set forth in the limited driving privilege.
  • You do not need proof of financial responsibility. Some people think they can obtain a limited driving privilege without demonstrating financial responsibility. In fact, proof of financial responsibility is often required for the privilege to be granted.
  • A substance abuse assessment is optional. Some might believe that the substance abuse assessment is merely a suggestion. In fact, submitting a valid assessment is a critical step in obtaining a limited driving privilege.

Key takeaways

Understanding the Driving Privileges Letter form in North Carolina is crucial for anyone seeking a limited driving privilege after certain alcohol-related offenses. Here are ten key takeaways:

  1. Eligible Offenses: This form applies to impaired driving and associated offenses defined under specific North Carolina General Statutes.
  2. License Status: To qualify, the applicant must have either a valid driver's license or one that expired less than one year before the offense.
  3. Clean Record Requirement: A crucial requirement is that the defendant must not have any impaired driving offenses in the past seven years.
  4. Punishment Level: The form is only applicable if the imposed punishment level is three, four, or five for the impaired driving conviction.
  5. Substance Abuse Assessment: The defendant must obtain a substance abuse assessment and submit it to the court to be eligible for a limited driving privilege.
  6. Restrictions on Driving: The limited driving privilege comes with various restrictions, such as prohibiting the consumption of alcohol while driving.
  7. Time Constraints: The limited driving privilege is effective from the date stated on the order and remains valid for one year or until the original revocation period ends.
  8. Driving Hours: Standard working hours for which driving is permitted are Monday to Friday, from 6 AM to 8 PM, unless specified otherwise.
  9. Document Retention: It's essential to keep a copy of the limited driving privilege document while driving to avoid conflicts with law enforcement.
  10. Consequences of Non-Compliance: Violating any restrictions imposed can lead to severe consequences, including the offense of driving while license revoked.

Each aspect of the Driving Privileges Letter is designed to ensure adherence to regulations while providing the necessary permissions to drive under certain conditions. Understanding these points will help navigate the legal requirements associated with limited driving privileges in North Carolina.

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