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The Driving Privileges Letter in North Carolina is a crucial document for individuals who have faced certain driving offenses, particularly those related to impaired driving, open container violations, or underage alcohol offenses. This form serves as a court-issued limited driving privilege, allowing defendants to regain some driving rights under specific conditions after their license has been revoked. The form outlines essential details such as the defendant's personal information, the nature of the offense, and the findings that the court must consider before granting this privilege. Key requirements include a valid or recently expired driver's license at the time of the offense, no prior impaired driving convictions within the last seven years, and the completion of a substance abuse assessment. The court also ensures that the defendant is financially responsible, which is documented through additional forms. Once granted, this limited privilege comes with strict restrictions, such as prohibiting alcohol consumption while driving and limiting driving times and purposes. Understanding these aspects is vital for anyone navigating the complexities of driving privileges in North Carolina.

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NOTE: Use AOC-CV-352 when defendant's license was revoked for a conviction in another state or in a federal court.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

➤ PDF File

Form Specifications

Fact Name Fact Description
Governing Laws This form is governed by North Carolina General Statutes G.S. 20-17.3, G.S. 20-179.3, G.S. 20-138.3(d), and G.S. 20-138.7(h).
Eligibility Criteria To qualify for a limited driving privilege, the defendant must have a valid or recently expired driver's license and meet specific conviction criteria.
Substance Abuse Assessment A substance abuse assessment must be obtained and filed with the court as part of the application process for limited driving privileges.
Restrictions on Driving Drivers must adhere to restrictions, including not consuming alcohol while driving and only operating non-commercial vehicles.
Duration of Privilege The limited driving privilege is effective for one year from the date of the driver's license revocation.
Emergency Driving Driving is permitted for emergency medical care at any time, regardless of standard working hours.
Consequences of Violation Violating any restrictions can result in additional penalties, including the offense of driving while license revoked under G.S. 20-28.

Driving Privileges Letter North Carolina: Usage Guidelines

Completing the Driving Privileges Letter in North Carolina involves a series of steps that require careful attention to detail. It is essential to ensure that all information is accurate and complete, as this document plays a significant role in obtaining limited driving privileges. Below are the steps to guide you through the process of filling out the form.

  1. Begin by entering the File Number and County at the top of the form.
  2. Fill in the Name and Address of Defendant section accurately.
  3. Specify the relevant offense: Impaired Driving, Open Container, or Underage Alcohol Violation.
  4. Provide the Race, Sex, Height, Weight, Hair Color, Eye Color, and Date of Birth of the defendant.
  5. Enter the Driver's License Number and State where it was issued.
  6. Document the Date of Offense and Date of Conviction.
  7. Review the findings section and ensure all conditions are met. Mark any applicable findings.
  8. Include the Effective Date for the limited driving privilege.
  9. Have the Judge's Signature and Name of Judge printed clearly.
  10. Complete the Restrictions section by checking the appropriate boxes based on the driving privileges granted.
  11. Fill in the Name and Address of the Alcohol and Drug Education Traffic School or other relevant facilities.
  12. Provide the Name and Address of the employer or driver's place of work.
  13. Sign and date the NOTICE/ACKNOWLEDGMENT OF RECEIPT section to confirm receipt of the limited driving privilege.
  14. Complete the CERTIFICATION section by having the Deputy Clerk sign and date the document.

Once the form is completed, it is important to file it with the appropriate court and ensure that all parties involved receive their copies. Following these steps carefully will help facilitate the process of obtaining limited driving privileges in North Carolina.

Your Questions, Answered

What is the Driving Privileges Letter in North Carolina?

The Driving Privileges Letter is a legal document issued by the court that grants limited driving privileges to individuals whose driver's licenses have been revoked due to specific offenses, such as impaired driving or underage alcohol violations. This privilege allows the individual to drive under certain conditions, which are outlined in the document.

Who is eligible to apply for a limited driving privilege?

To be eligible, the applicant must meet several criteria. They must have been convicted of impaired driving or specific alcohol-related offenses, hold a valid or recently expired driver's license at the time of the offense, and not have any prior impaired driving convictions in the last seven years. Additionally, they must have completed a substance abuse assessment and demonstrate financial responsibility.

What restrictions come with a limited driving privilege?

When granted a limited driving privilege, the individual must adhere to various restrictions. They cannot consume alcohol while driving or have any alcohol in their system. Driving under the influence of controlled substances is also prohibited unless those substances were legally obtained and taken as prescribed. Furthermore, the privilege does not extend to operating commercial vehicles, and driving is generally limited to specific times for work, education, or religious purposes.

How long does a limited driving privilege last?

The limited driving privilege remains valid for one year from the date the Division of Motor Vehicles revokes the driver's license. However, it becomes invalid if the revocation period ends or if the driver's license is revoked for other reasons, such as failure to complete a required substance abuse program.

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

Violating any restriction imposed by the limited driving privilege can lead to serious consequences. Such violations may result in being charged with driving while license revoked, which carries its own penalties. Additionally, failure to comply with community service requirements or other court-ordered conditions can lead to the revocation of the limited driving privilege.

How can I ensure compliance with the limited driving privilege?

To comply with the terms of your limited driving privilege, it is essential to keep a copy of the document with you while driving. Be aware of all restrictions, including the times and purposes for which you are allowed to drive. Regularly check in with any required assessments or community service obligations, and maintain any necessary financial responsibility to avoid complications.

Common mistakes

Filling out the Driving Privileges Letter in North Carolina can be a complex process. Here are nine common mistakes that individuals often make when completing this form:

  1. Inaccurate Personal Information: Providing incorrect details such as name, address, or date of birth can lead to delays or rejections.
  2. Omitting Required Documents: Failing to include necessary documents like the substance abuse assessment or form DL-123 can hinder the application process.
  3. Incorrect Offense Information: Listing the wrong offense or conviction can invalidate the application. Ensure that the specifics match your records.
  4. Neglecting to Check for Other Revocations: Not confirming whether there are additional revocations on your record may result in complications later.
  5. Misunderstanding Driving Restrictions: Not fully understanding the limitations imposed on the driving privilege can lead to unintentional violations.
  6. Failure to Sign the Document: Neglecting to sign the application or other required forms can cause delays or denial of the privilege.
  7. Missing Submission Deadlines: Submitting the form after the deadline can result in automatic disqualification from obtaining driving privileges.
  8. Not Keeping a Copy: Failing to retain a copy of the submitted form for personal records can complicate future inquiries or issues.
  9. Ignoring Court Orders: Disregarding any specific court orders related to the driving privilege may lead to further legal repercussions.

By being aware of these common pitfalls, individuals can better navigate the process and increase their chances of obtaining a limited driving privilege in North Carolina.

Documents used along the form

The Driving Privileges Letter in North Carolina is an essential document for individuals seeking limited driving rights after certain driving-related offenses. Alongside this form, several other documents are often required to facilitate the process and ensure compliance with legal standards. Below is a list of related forms and documents.

  • AOC-CV-352: This form is used when a defendant's license has been revoked due to a conviction in another state or federal court. It helps establish the basis for seeking a limited driving privilege in North Carolina.
  • AOC-CR-340: This document is necessary when the court imposes an ignition interlock restriction on a defendant. It outlines the requirements and conditions for using an ignition interlock device.
  • DL-123: This form serves as proof of financial responsibility. The court requires it to ensure that the defendant can cover any potential liabilities resulting from driving.
  • DL-123A: This document is an alternative to the DL-123. It is used when a defendant is not required to provide proof of financial responsibility, simplifying the process for eligible individuals.
  • Substance Abuse Assessment: A mandatory evaluation that must be filed with the court. It assesses whether the defendant has a substance abuse issue and may recommend treatment options.

Understanding these documents can significantly impact the outcome of a limited driving privilege application. Properly completing and submitting them ensures compliance with legal requirements and facilitates a smoother process for regaining driving privileges.

Similar forms

  • Limited Driving Privilege Application: Similar to the Driving Privileges Letter, this document allows individuals to apply for limited driving rights after certain driving offenses. Both documents require a court's approval and specify conditions under which driving is permitted.
  • Restricted License Application: Like the Driving Privileges Letter, this application is for those who have had their licenses revoked. It outlines the restrictions and eligibility criteria for obtaining a restricted license.
  • Ignition Interlock Device Order: This order mandates the installation of an ignition interlock device for individuals convicted of specific offenses. Both documents aim to enhance public safety by limiting driving privileges under certain conditions.
  • Substance Abuse Assessment Form: This form is often required for individuals seeking driving privileges after alcohol-related offenses. Similar to the Driving Privileges Letter, it assesses the individual's need for treatment before granting driving rights.
  • Community Service Order: This document outlines the requirement for community service as part of a sentence. Both it and the Driving Privileges Letter emphasize compliance with court-ordered conditions to regain driving rights.
  • Traffic Violation Notice: This notice informs individuals of their traffic violations. Like the Driving Privileges Letter, it serves as an official record of a driving offense that can impact driving privileges.
  • Proof of Financial Responsibility Form: This form demonstrates that an individual can cover damages in case of an accident. Similar to the Driving Privileges Letter, it is often a prerequisite for regaining driving privileges after a suspension.
  • Driver's License Reinstatement Application: This application is for individuals looking to restore their driving privileges after a revocation. It shares similarities with the Driving Privileges Letter in terms of the process and requirements for reinstatement.
  • Alcohol and Drug Education Traffic School Enrollment Form: This enrollment form is required for individuals mandated to attend educational programs following certain offenses. Like the Driving Privileges Letter, it is part of the rehabilitation process linked to driving privileges.
  • DMV Hearing Request Form: This form allows individuals to request a hearing regarding their driving privileges. Both documents focus on the legal processes surrounding the restoration of driving rights after a violation.

Dos and Don'ts

When filling out the Driving Privileges Letter form in North Carolina, it's essential to follow specific guidelines to ensure the process goes smoothly. Here are ten things to keep in mind:

  • Do ensure accuracy. Double-check all personal information, including your name, address, and date of birth, to avoid any discrepancies.
  • Don't leave any sections blank. Complete every required field on the form to prevent delays in processing.
  • Do provide supporting documents. Include any necessary assessments or forms, such as the substance abuse assessment, to strengthen your application.
  • Don't submit outdated forms. Always use the most current version of the form to avoid complications.
  • Do read the instructions carefully. Understanding the requirements and restrictions outlined in the form is crucial for compliance.
  • Don't forget to sign and date the form. An unsigned form may be rejected, causing unnecessary delays.
  • Do keep a copy for your records. Retaining a copy of the submitted form can be beneficial for future reference.
  • Don't ignore the restrictions. Familiarize yourself with the limitations placed on your driving privileges to avoid violations.
  • Do submit the form on time. Timely submission is vital to ensure you receive your privileges without unnecessary delays.
  • Don't hesitate to seek assistance. If you have questions or need clarification, reach out to a legal professional for guidance.

Misconceptions

  • Misconception 1: The Driving Privileges Letter allows unlimited driving.

    • This form grants a limited driving privilege, which comes with specific restrictions. Drivers must adhere to these limitations, such as only driving during designated hours and for approved purposes.

  • Misconception 2: Anyone can apply for a limited driving privilege.

    • Not everyone is eligible. Applicants must meet certain criteria, including having a valid or recently expired driver's license and not having prior impaired driving convictions within a specified timeframe.

  • Misconception 3: The privilege is automatically granted upon application.

    • The court must review the application and make findings based on the defendant's driving history and compliance with legal requirements before granting this privilege.

  • Misconception 4: Driving privileges are the same as a full driver's license.

    • A limited driving privilege is not equivalent to a full license. It comes with specific restrictions that must be followed, and violating these can lead to further legal consequences.

  • Misconception 5: The Driving Privileges Letter is valid indefinitely.

    • This privilege is temporary and expires after one year or when the underlying license revocation period ends. Drivers must remain compliant during this time to maintain their privileges.

  • Misconception 6: You can drive for any reason during the privilege period.

    • Driving is only permitted for specific purposes such as work, education, or medical emergencies. Any other driving is not allowed and could result in penalties.

  • Misconception 7: The form does not require any proof of financial responsibility.

    • Applicants must demonstrate financial responsibility, which may include filing forms like DL-123. This ensures that the driver can cover any potential liabilities while operating a vehicle.

  • Misconception 8: The privilege remains valid regardless of other legal issues.

    • If a driver's license is revoked for any reason other than the specified offenses, the limited driving privilege becomes invalid. This includes any new charges or violations that arise during the privilege period.

Key takeaways

When filling out and using the Driving Privileges Letter in North Carolina, consider the following key takeaways:

  • Eligibility Requirements: Ensure that you meet all eligibility criteria, such as having a valid or recently expired driver's license and not having prior impaired driving convictions within the last seven years.
  • Financial Responsibility: A properly executed form DL-123 must be provided to demonstrate financial responsibility. If you qualify for exemption, you must complete form DL-123A.
  • Restrictions on Driving: Understand that the limited driving privilege comes with specific restrictions, including no alcohol consumption while driving and limitations on the types of vehicles you can operate.
  • Duration and Validity: The privilege is valid for one year from the date your license was revoked. It becomes invalid if you are convicted of another offense or if you fail to complete required substance abuse programs.