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License Suspended? Need to Drive? How to prepare a Limited Driving Privilege in North Carolina Many people don’t realize the true value of a Driver’s License.until they lose it – Bill Powers The North Carolina General Assembly gives the North Carolina Department of Transportation / Division of Motor Vehicles the authority to issue, revoke, and suspend Drivers Licenses in North Carolina. Judges in North Carolina, under certain specific and narrowly tailored circumstances, may authorize driving in limited circumstances.
Lawyers often refer to such dispensation as a Limited Driving Privilege, especially as they may relate to Impaired Driving. While many people associate DWI DUI Impaired Driving as the sole source for such Driving Privileges, there are actually several different types of Driving Privileges or Permit:.
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Pre-Trial Limited Driving Privilege. Post Conviction Limited Driving Privilege. Willful Refusal Limited Driving Privilege. Ignition Interlock Limited Driving Privilege. Out-of-State DWI Conviction Privilege.
Speeding Limited Driving PERMIT Take a look at the Powers Law Firm PA website, blog posts, and links for more information regarding each of the listed types of Limited Privileges. Driving While Impaired – Limited Driving Privilege – Basic Requirements and Forms in North Carolina Obtaining a Limited Driving Privilege in North Carolina can be a complicated process; but, as lawyers we seek to provide help.and information. Here are some basic forms and documentation that are required.
If we serve as Legal Counsel to you, we normally need three copies of each form. The following materials are not merely recommendations. They are requirements. If you fail to provide the appropriate documentation, obtaining a privilege will be delayed. Restoration Fee for 30 Day Civil Revocation When charged with Impaired Driving, the normal protocol requires an immediate 30 Day Civil Revocation pursuant to. Following the 30 Day Suspension, a fee is assessed and paid to the Clerk of Court. Such Fee is separate and distinct from fees associated with a Pre-Trial Limited Driving Privilege.
The Civil Revocation Fee MUST BE PAID prior to obtaining a Limited Driving Privilege. NOTE: A Pre-Trial Limited Driving Privilege is a separate legal filing. The Fee is Paid to the Clerk of Court. The Fee is $100 Filing Fee – Limited Driving Privilege The Clerk of Court collects a Filing Fee in the amount of $100 for the Limited Driving Privilege. Such fee is separate and apart from the Pre-Trial Limited Driving Privilege filing fee of $100.
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Such fee is separate and apart from the Civil Restoration Fee of $100 DL-123 – Proof of Financial Responsibility Substance Abuse Assessment: Take note, in asking for a Substance Abuse Assessment lawyers are not trying to be rude or imply that someone has a problem. Indeed, the majority of people charged with Impaired Driving, both nationwide and in North Carolina, have had little or no involvement in the Courts. Assuming reported statistics are correct, first-time offenders are really “only time” offenders. Most people charged would never dream of Driving While Impaired. For a wide range of reasons, the pending DWI charges are an aberration. An Alcohol or Substance Abuse Assessment has been deemed, by the North Carolina General Assembly, as a condition precedent to obtain a Limited Privilege. If you were arrested for DWI, it certainly doesn’t hurt to do some self-evaluation.
That’s how I view the Assessment. It does not mean you are a bad person or have a problem. It’s a chance to learn and grow – Bill Powers You may hear Lawyers, Judges, and Prosecutors refer to an “Alcohol Assessment.” The formal name and purpose is to determine the potential for Substance Abuse issues. Traditionally Drunk Driving or DUI Driving Under the Influence related to Alcohol alone. Nowadays we recognize the fact that people may be “impaired” by lots of different things, including legal and illegal substances. In fact, some people charged with Driving While Impaired in North Carolina are “impaired” by more than substance at the same time. Charges that we call DWI are meant to include everything that impairs the ability to operate a vehicle, to an appreciable extent, even if those substances are prescribed and otherwise lawful to consume.
In addition to punishing those convicted of the offense, North Carolina hopes to help people grow from the experience. Again, a Substance Abuse Assessment is not intended to embarrass you. The Courts seek the results of the Assessment, making certain people comply with any and all recommendations.