It’s the weekend and you’re partying Downtown Raleigh on Glenwood South. The clubs and bars are packed, and the alcohol is flowing. You decided to drive separately from your friends in case you wanted to leave early. By the end of the night, you’ve patronized five bars, had 6-7 shots, and you’re barely able to stand up. Your friends insist that you hop in the Uber with them and retrieve your car in the morning once you’ve sobered up. You are adamant about driving and even become belligerent. With that, your friends leave, and you are left fumbling for your keys. As you enter the highway going 40 East, you swerve a bit and find that you forgot to turn on your headlights. Suddenly, you see blue lights barreling towards you. As the officer approaches your window you hurriedly find your wallet and locate your registration. The officer shines a flashlight in your vehicle and instructs you to roll down your window. The officer quickly notices your bloodshot eyes, smells the liquor on your breath, and soon learns that your speech is slurred. You are asked to exit the vehicle, administered a series of field sobriety tests, and placed in the back of the patrol car.
It’s Monday morning and you make your first appearance at the Wake County Justice Center. At that time, you are formally charged and given the opportunity to be appointed counsel. You decide to hire a private attorney and sign a waiver stating that you do not want a public defender. You arrive at your lawyer’s office, and you want to discuss your ability to drive. Once you were charged with the crime of Driving While Under the Influence, there is a mandatory 30-day suspension of your license. Your attorney states that there is a potential way to petition to the court to grant a Limited License Privilege.
The NC Department of Motor Vehicles is mandated by law to suspend or revoke one’s driver's license upon the conviction of particular crimes. Oftentimes, the crime of Driving While Under the Influence leads to a revocation or suspension.
What is a Limited Driving Privilege?
A Limited License Privilege is a reprieve granted by a court to a person with a revoked driving license allowing them to drive for essential purposes. Some purposes considered which are considered essential for which a court may grant a limited driving privilege include:
Emergency medical care
The person's court-ordered treatment
The person's employment
The person's education
Ordered community service
The person's household maintenance
Religious worship
Driving on a Limited Driving Privilege is subject to the conditions and limitations placed upon the driver by the court and may vary depending on the circumstances. Some of the conditions the court may impose on a person when granting a limited license privilege include:
Restriction of the hours of driving
Route of travel restrictions
Installation of an ignition interlock device
Restriction on driving a specific vehicle
Restrictions from driving while having traces of alcohol and other regulated substances in the body with an exemption of where the substance was used lawfully and in the correct amounts.
Who is eligible for a Limited Driving Privilege?
Your eligibility for a Limited Driving Privilege in NC depends mainly on your sentencing level for a DWI conviction. A person may be eligible for restricted license privilege if they meet the following conditions:
The person held a valid license or one that was not more than a year past its expiration date at the time of the offense.
The person has not been convicted of DWI offenses for seven years from the time of the offense.
The punishment imposed for the offense of impaired driving falls under level three, four, or five.
The person has not been convicted or had unresolved DWI charges after the crime in question.
The person has complied with the court's-imposed term of non-operation.
Petitioning for a Limited Driving Privilege
To become eligible for a Limited License Privilege, you must file a petition with the court with appropriate attachments and exhibits. It is advisable to work with an experienced traffic lawyer when petitioning for a Limited Driving Privilege considering the complex nature of the process.
The first step in the petition process would be paying the filing fee and a $100 filing fee. The court will also require that you provide documentation to prove your case. In most circumstances, the documentation may include an alcohol and drug treatment assessment, a letter of working hours from your employer, proof of insurance, and proof of financial responsibility.
Violation of a Limited Driving Privilege
Violating any of the restrictions and/or conditions imposed by the court on your Limited Driving Privilege is a Class 1 Misdemeanor punishable by a fine and a jail time of up to 120 days.
Having your license revoked or suspended for a DWI conviction can be very disruptive to your day-to-day life. By working with an experienced lawyer, you could petition the courts to grant a Limited Driving Privilege. Experienced in the area of traffic law, McCall Law, PLLC, can assist with advocating on your behalf. While going through the process of handling your legal matter, a Limited Driving Privilege provides some semblance of normality. Contact McCall Law, PLLC today!
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