Homepage Fillable Driving Privileges Letter North Carolina Template
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In North Carolina, navigating the aftermath of a conviction for impaired driving or similar offenses involving alcohol can be a daunting journey, particularly when it involves retaining limited driving privileges. The Driving Privileges Letter North Carolina form, an essential document within the state's legal apparatus, provides a vital lifeline for individuals aiming to reclaim a semblance of normalcy post-conviction. Recognizing the complexities surrounding driving convictions, this form serves as a comprehensive framework outlining the conditions under which limited driving privileges may be granted. It incorporates various critical elements, including the identification of the defendant, the specific nature of the offense, and a detailed account of the legal findings that determine eligibility for such privileges. This process culminates in the court's order, which meticulously specifies the restrictions tied to the limited driving privileges and underscores the implications of non-compliance. Armed with this form, individuals find themselves at a crossroads where legal provisions intersect with personal accountability, offering a structured path towards responsible driving behavior under strict regulatory oversight.

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NOTE: Use AOC-CV-352 when defendant's license was revoked for a conviction in another state or in a federal court.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

File Attributes

Fact Detail
Document Name Limited Driving Privilege (AOC-CR-312)
Governing Laws G.S. 20-17.3, 20-179.3, 20-138.3(d), 20-138.7(h)
Eligibility Defendant convicted of specific alcohol-related violations in North Carolina
Required Conditions Valid drivers license at offense time, not convicted of impaired driving within the last seven years
Substance Abuse Assessment Defendant must obtain and file with the court
Financial Responsibility Proof via form DL-123 or exemption through form DL-123A
Effective Period One year from DMV revocation pursuant to specific G.S. statutes
Restrictions No alcohol or controlled substances while driving; limited to certain hours and purposes
Violation Consequences May result in arrest, loss of limited driving privilege, or more

Driving Privileges Letter North Carolina: Usage Guidelines

Filling out the Driving Privileges Letter for North Carolina is a straightforward process that requires careful attention to detail. This form is essential for individuals seeking to regain limited driving abilities under specific legal criteria after a conviction. The following step-by-step guide is designed to assist in ensuring all necessary information is accurately and completely filled out.

  1. At the top of the form, write the File No., and specify the County in the space provided.
  2. In the section labeled “STATE VERSUS,” enter the Name of the defendant applying for limited driving privileges.
  3. Check the appropriate box indicating the type of violation: IMPAIRED DRIVING, OPEN CONTAINER, or UNDERAGE ALCOHOL VIOLATION.
  4. Fill in the defendant’s personal information, including Race, Sex, Height, Weight, Hair Color, Eye Color, Date Of Birth, and Drivers License No. Also, indicate the State where the driver's license was issued.
  5. Enter the Date Of Offense and Date Of Conviction in the spaces provided.
  6. Under the section titled “FINDINGS,” carefully read through the list. This section is typically completed by the court to indicate their findings based on the application.
  7. In the “ORDER” section, note that the effective date of the limited driving privilege granted will be filled out by the judge. The specific restrictions will be listed on the reverse of the form.
  8. On the reverse side of the form, under “RESTRICTIONS,” check the applicable boxes that define when and for what purposes driving is permitted. If specific vehicles are authorized for use, list them accordingly.
  9. Fill in any additional restrictions, such as Corrective Lenses, 45 M.P.H. Only, Daylight Only, etc., in the space provided.
  10. Provide the names and addresses of any applicable ADET School, Community Service Coordinator, or Mental Health Treatment Facility, as well as the Name and Address Of Employer or Driver's Place Of Work.
  11. Sign and date the NOTICE/ACKNOWLEDGMENT OF RECEIPT section to acknowledge understanding and receipt of the limitations of the driving privilege.
  12. The “CERTIFICATION” part at the bottom will be completed by a Deputy CSC or Clerk of Superior Court, confirming the authenticity of the document.

Once the form is completely filled out to the best of your knowledge, ensuring all the information is accurate, submit it to the appropriate court for review and approval. Remember, this form is a crucial step in regaining your driving privileges under specific conditions, so it’s important to complete it carefully and truthfully.

Listed Questions and Answers

What is a Driving Privileges Letter in North Carolina?

A Driving Privileges Letter in North Carolina is a legal document that grants specific driving rights to individuals who have had their driver's license revoked or suspended due to certain offenses, such as impaired driving or underage alcohol violations. This letter outlines the conditions under which the individual can drive, including the purposes for driving, the times when driving is permitted, and any other restrictions.

How can someone apply for a Driving Privileges Letter?

To apply for a Driving Privileges Letter, the person must meet specific criteria set by the North Carolina courts. The process typically involves:

  1. Gathering evidence of meeting the court's requirements, such as completing a substance abuse assessment.
  2. Filing an application with the court, including the required documents like form DL-123 to prove financial responsibility.
  3. Attending a court hearing where the judge will review the application and make a decision.

Who is eligible for a Limited Driving Privilege in North Carolina?

Eligibility for a Limited Driving Privilege in North Carolina is based on the following criteria:

  • The individual was convicted of specific offenses, like impaired driving or underage alcohol violations, within North Carolina.
  • At the time of the offense, the individual had a valid driver’s license or one that expired less than one year ago.
  • The individual has not been convicted of an offense involving impaired driving in the past seven years.
  • The court has imposed a punishment level of three, four, or five for the offense.
  • The individual has not been convicted or charged with another offense involving impaired driving after the offense.
  • The individual has completed a substance abuse assessment and filed it with the court.

What are the restrictions included in the Driving Privileges Letter?

The Driving Privileges Letter includes specific restrictions on the granted driving privileges, such as:

  • Not drinking alcohol before or while driving.
  • Not driving with any controlled substance in the body unless prescribed and taken in approved amounts.
  • Driving is only permitted for work, educational, or religious purposes during specific times.
  • Driving is limited to non-commercial vehicles registered in the driver's name or specified vehicles.
  • Additional restrictions may include using corrective lenses while driving, adhering to a maximum speed limit, or driving only during daylight hours.

Violating these restrictions can lead to the revocation of the limited driving privilege and other legal consequences.

Common mistakes

Filling out the Driving Privileges Letter in North Carolina can be a complicated process, often leading to a number of common mistakes. Understanding these can help in completing the form correctly and efficiently. Below are seven mistakes frequently made by applicants:

  1. Incorrect or incomplete personal information: Skipping fields such as Name, Address, Date of Birth, Driver's License No., or filling them with incorrect information. This basic information is critical for processing the application.
  2. Overlooking the specific conviction details: Not specifying the exact statutes under which they were convicted (e.g., G.S. 20-138.1, G.S. 20-138.2) can lead to the rejection of the application. It's essential to match the conviction with the correct General Statute number.
  3. Failure to verify license status at the time of offense: Applicants often misstate whether their license was valid, expired, or revoked at the time of the offense. Accuracy here impacts eligibility for limited driving privileges.
  4. Not checking the appropriate punishment level: The application requires identifying the punishment level imposed. Mixing up the levels (three, four, or five) or failing to specify if there's a conviction under other relevant statutes can mislead the court about your eligibility.
  5. Omitting subsequent offenses or unresolved charges: Applicants sometimes forget to disclose if they’ve been convicted of, or charged with, another offense involving impaired driving after the offense for which they are seeking privileges.
  6. Neglecting the substance abuse assessment requirement: A key eligibility factor is obtaining and filing a substance abuse assessment with the court. Failure to do this, or assuming it's not necessary, can disqualify the application on the spot.
  7. Incorrectly executing or omitting form DL-123 or DL-123A: Proof of financial responsibility is mandatory. Either failing to attach form DL-123 or incorrectly assuming that form DL-123A isn't required can invalidate the application. Understanding which form applies to your situation is crucial.

By paying attention to these details and ensuring the accuracy and completeness of each section of the Driving Privileges Letter, applicants can avoid the common pitfalls that often lead to delays or denials of their request for limited driving privileges in North Carolina.

Documents used along the form

When dealing with legal matters, especially those about driving privileges in North Carolina, a variety of forms and documents can come into play. These serve different purposes, from assessing someone's history with substance abuse to ensuring financial responsibility. Each document has its unique role in the process, ensuring the court has a comprehensive understanding of the applicant's circumstances and eligibility for the requested privilege or service.

  • DL-123 Form (Certificate of Liability Insurance): This form is proof of liability insurance, a mandatory document for those requesting limited driving privileges. It certifies that the applicant carries the state-required minimum amounts of liability insurance. This form is often required by the court to ensure that the applicant demonstrates financial responsibility in case of an accident.
  • Assessment and Treatment of Substance Abuse: Before granting limited driving privileges, the court may require documentation that the applicant has undergone a substance abuse assessment and, if necessary, completed a treatment program. This ensures that individuals demonstrate a commitment to addressing any issues related to alcohol or drug use, which might have contributed to the offense.
  • AOC-CR-340 Form (Ignition Interlock Agreement): For some convictions, especially those involving impaired driving, the court may mandate the installation of an ignition interlock device on the applicant’s vehicle. This form is an agreement that outlines the terms and conditions of the ignition interlock program, ensuring the applicant understands their responsibilities.
  • Proof of Enrollment or Completion of an Alcohol and Drug Education Traffic School (ADETS): If the court mandates education as part of the sentencing, the applicant must provide proof of enrollment or completion of a relevant program. This document serves to verify that the individual has received education aimed at preventing future impaired driving incidents.

Understanding these documents and forms, and knowing when each is necessary, is crucial for individuals seeking to restore or maintain their driving privileges in North Carolina. These documents not only support the legal process but also promote safety and responsibility on the roads. Each document contributes to a comprehensive evaluation by the court, ensuring that decisions are made with the best interests of both the applicant and the public in mind.

Similar forms

The Limited Driving Privilege Letter, as outlined in the document from North Carolina, shares similarities with a Hardship License application found in many states. Like the Limited Driving Privilege, a Hardship License allows for conditional driving, typically after suspension due to DUI or other violations, enabling individuals to drive to work, school, or medical appointments. Both documents necessitate a court's approval, with specific criteria that must be met by applicants, including not having been convicted of certain other offenses within a set period.

An Occupational Driver's License (ODL) document, much akin to the Limited Driving Privilege Letter, permits individuals whose licenses have been suspended or revoked to drive under certain conditions. The ODL is primarily meant for those who need to drive as a requisite for their employment, education, or to perform essential household duties. The conditions and restrictions outlined in both documents ensure that the privilege is used responsibly, emphasizing the necessity of maintaining lawful behavior and adherence to outlined limitations.

Conditional License documents, typically issued by New York, closely resemble North Carolina's approach to granting limited driving privileges. These documents come into play when a driver's license has been suspended due to alcohol-related offenses or other specific violations. Both require the completion of an alcohol or drug education program and set strict boundaries on when and where the individual can drive, ensuring that the individual can meet essential living needs without fully restoring their driving rights.

A Work Permit or Probationary License, often issued in cases of DUIs or severe traffic violations where the individual's driving privileges were suspended, parallels the Limited Driving Privilege Letter. These documents are crucial for those needing vehicle access to sustain their livelihood, specifically allowing travel to and from work, and sometimes for job-related duties during working hours. Restrictions similar to those in the North Carolina document, like driving hours or purposes, are common.

The Ignition Interlock Device (IID) License documentation, although distinct in its requirements for a physical device, shares the rehabilitative goals of the Limited Driving Privilege Letter. Following a DUI conviction, drivers might be required to install an IID in their vehicles, alongside obtaining a special license that permits them to drive. Both documents focus on ensuring the individual remains substance-free while driving and aims to mitigate repeat offenses through controlled privileges.

Court-Ordered Community Service or Treatment Driving Permit, which may be issued following drug or alcohol-related offenses, has analogous intentions to the Limited Driving Privilege document. They are tailored for individuals who are ordered by the court to attend community service, counseling, or treatment sessions, ensuring they have a legal means to reach these locations. The emphasis is on supporting the individual's rehabilitation journey, much like in the North Carolina directive.

Drug Education School (DES) Limited Driving Permit, primarily used in states like Georgia, bears resemblance to North Carolina's approach when dealing with drug-related driving offenses. These permits are specifically designed to allow individuals convicted under such circumstances to attend mandatory drug education classes, thereby partially restoring their freedom of movement for rehabilitation purposes, under strict compliance and occasional monitoring.

The Temporary Restricted License, often seen in Iowa and other states, is similar to the North Carolina Limited Driving Privilege in both purpose and procedure. Aimed at those who have faced license suspension due to offenses like DUI, these licenses come with stringent conditions, typically allowing travel only between home and work, school, or for emergency medical care. The goal is to ensure that the penalized individual can continue essential daily functions while still serving their suspension.

Dos and Don'ts

When filling out the Driving Privileges Letter in North Carolina, certain practices should be followed to ensure the process is completed accurately and effectively. Adhering to these guidelines not only facilitates a smoother application process but also avoids potential legal complications. Below are lists of things you should and shouldn't do when completing this form:

What You Should Do:
  • Read the instructions carefully: Before you start filling out the form, make sure to thoroughly read and understand all the instructions.
  • Provide accurate information: Ensure all details about the defendant, including name, address, date of birth, and driver's license number, are accurate and current.
  • Check your eligibility: Verify that you meet all the criteria for obtaining limited driving privileges, such as not having a prior conviction for impaired driving within the past seven years.
  • Include supporting documents: Attach all necessary documentation, such as the substance abuse assessment and the form DL-123 to prove financial responsibility.
  • Review the form for completeness: Double-check the form to make sure all required information is filled out and no sections are left blank.
  • Sign and date the form: Don’t forget to sign the form before submitting it, as an unsigned application is considered incomplete.
What You Shouldn't Do:
  • Overlook the importance of accuracy: Providing false information can lead to legal issues, including charges of perjury.
  • Forget to review the restrictions: Make sure you understand the restrictions that will be placed on your driving privileges, as violating them can result in severe consequences.
  • Omit required documentation: Failing to attach necessary documents like the substance abuse assessment or the financial responsibility form can delay the process.
  • Ignore deadlines: Submit the form and any supporting documents within the required time frame; procrastination can extend the period without driving privileges.
  • Fill out the form hastily: Take your time to ensure every piece of information is complete and correct to avoid having to submit corrections later.
  • Use the wrong form: Make sure you’re filling out the correct form specific to your situation, as using an outdated or incorrect form can invalidate your application.

By following these dos and don'ts, applicants can streamline the process of obtaining limited driving privileges in North Carolina, ensuring they comply with legal requirements and avoid unnecessary complications.

Misconceptions

There are several misconceptions about the Driving Privileges Letter in North Carolina that can confuse individuals looking to navigate their driving status after a conviction. Understanding these can help clarify the process and set expectations correctly.

  • Misconception 1: The Driving Privileges Letter automatically reinstates a full driver's license. In reality, it grants a limited driving privilege for specific purposes like work, education, or emergency medical care under strict conditions.
  • Misconception 2: Anyone convicted of a driving offense is eligible for this privilege. Eligibility depends on the nature of the offense and the defendant's driving and criminal history, as well as specific findings by the court.
  • Misconception 3: The process is immediate. Obtaining a limited driving privilege requires a court order, which involves an application process and potentially a hearing.
  • Misconception 4: It's valid in other states. The privilege is limited to North Carolina; other states' laws and recognition of such privileges can vary.
  • Misconception 5: It allows for driving at any time. The privilege comes with restrictions, including but not limited to, driving hours, purposes, and sometimes routes or specific vehicles.
  • Misconception 6: You don’t need insurance to get it. The court must be satisfied that the defendant is financially responsible, which usually means having a valid insurance policy meeting state requirements.
  • Misconception 7: The length of the privilege is set and cannot be changed. The duration is tied to the revocation period of the defendant's license and specific conditions set by the court; it could be altered by the court in response to compliance or violations.
  • Misconception 8: This privilege allows for the operation of commercial vehicles. The privilege explicitly does not include the ability to operate commercial motor vehicles.
  • Misconception 9: A substance abuse assessment is not required. In fact, obtaining and filing a substance abuse assessment with the court is a key condition for eligibility.
  • Misconception 10: You can drink alcohol as long as you're not driving. The privilege requires that the driver not consume alcohol before or during driving, and they must not drive with any alcohol or controlled substance in their body unless prescribed.

Understanding these key points about the Driving Privileges Letter can help individuals better navigate the process and maintain compliance with its conditions.

Key takeaways

Filling out and utilizing the Driving Privileges Letter in North Carolina requires attention to detail and an understanding of its conditions. Here are several essential takeaways to guide applicants through the process:

  • The form is specifically designed for individuals who have been convicted of impaired driving or related offenses, such as underage alcohol violation or transporting an open container, under North Carolina law. It's critical to note that this form is applicable only for convictions within North Carolina. If the conviction occurred in another state or in federal court, alternative forms like AOC-CV-352 should be used.
  • A vital part of the application process is the requirement for the defendant to have had either a valid driver's license or a license expired for less than one year at the time of the offense. Additionally, the defendant must not have been convicted of any offense involving impaired driving in the seven years preceding the current offense to qualify for limited driving privileges.
  • The form necessitates a substance abuse assessment to be obtained and filed with the court. This step underscores the emphasis on rehabilitation and ensuring that the applicant has taken measures to address any underlying issues related to the conviction.
  • Limited driving privileges granted through this form come with stringent restrictions, such as not driving with any alcohol in the body, driving only during specified hours for specific purposes like work or education, and the prohibition against operating a commercial motor vehicle. Understanding and adhering to these restrictions is paramount. Violating these can lead to the revocation of the limited driving privileges and further legal consequences.
  • An acknowledgment section at the end of the form requires the defendant's signature, confirming receipt and understanding of the restrictions associated with the limited driving privilege. This section is a legal acknowledgment that the defendant is aware of the conditions and potential consequences of non-compliance.

In summary, the Driving Privileges Letter is a crucial document for those seeking to regain some driving capabilities in North Carolina following specific types of convictions. Candidates must carefully review and comply with the form's requirements and restrictions to avoid further penalties and ensure the validity of their limited driving privileges.

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