North Carolina Limited Driving Privilege| Out-of-State DWI Conviction

Recently, I was hired to assist a client who had received a DWI charge (well, technically, it wasn't called a DWI, but it was a similar charge) in another State. So, this client, who learned I was a Raleigh DWI Lawyer and a Durham DWI Lawyer through a mutual contact, reached out to me. This client completed the court ordered classes, paid his fines and court costs, and refrained from driving during the 6-month period in which he was ordered not to drive due to his conviction in the other State. Now, 8 months after the date of his conviction in this other State, he received a letter from the North Carolina DMV indicating his driving privileges here in this state were being suspended for ONE YEAR! Now, had he been convicted under North Carolina DWI Sentencing Structure statute (N.C.G.S. 20-179) he would have faced a one year suspension, however he wasn't convicted in NC. He was convicted under the statute of another state and paid his debt to that society for having driven intoxicated in their state.

Now, North Carolina decided to add to his burden by suspending his driving privilege here in North Carolina just for having been convicted of a charge similar to NC's DWI law in an entirely different jurisdiction. Alright, well, then, we need to get him a Limited Driving Privilege so that he can get back on the road as soon as possible; easier said then done. Though most Limited Driving Privileges in North Carolina are straight forward, one for an out-of-state DWI conviction is a monster all it's own. For starters, the fee is $250, instead of the usual $100 for other L.D.P.'s. Second, this has to be done through the civil division of the court (as oppose to the criminal side) since this isn't a court-ordered suspension, but rather a DMV-ordered. There are a couple more documents that must be filled out and the privilege must be approved by the Chief District Court just as oppose to any District Court Judge who would normally approve a Limited Driving Privilege.

However, what I found most telling about this little oddity was the lack of information available on it. I spent most of a day chasing around all the required documents, approvals and signatures in order to obtain this order. At every turn, no one seemed to have an understanding on how these are done. When speaking with other local attorneys, they (like myself) seemed confident that it was just like any other L.D.P. (some speaking with an absolute certainty). When discussing with the D.A. on what I was doing, as well as a Judge, both indicated there was no special requirements for what I was attempting. Additionally, when talking with the Clerks Office, the always helpful staff were at a loss on how this was done. It wasn't until I was directed to the Civil Division that I finally was told what all was needed.

Fortunately, I already had the necessary paperwork aside from the Petition and Civil Filing Form. So, aside from having to wait on the approval of the Chief District Court Judge and the added cost I had not anticipated, I was able to procure the Privilege for my client.

So, this blog post is to serve as a warning to other North Carolina DWI Attorneys attempting this great feat. Best of luck to you!

North Carolina Limited Driving Privileges| What is Needed for the Petition

In today's DWI Blog, I will be focusing on North Carolina's Limited Driving Privilege.  Though a Limited Driving Privilege applies to more situation then a DWI, today's blog will only focus on it's function in the DWI world.

First, the Petition is just that, a petition.  The Privilege must be agreed to by a District Court Judge, there are no guarantees that you will be given a privilege.  Second, the Privilege is normally only for Monday through Friday, 6:00 A.M. until 8:00 P.M.  If you need to drive outside of those time for school or work, it can be requested with additional documentation.

There are two areas of a DWI case where the Limited Driving Privilege applies, first is after being charged with a DWI, you will have your license suspended for 30 days.  Most likely, the Police Officer took your license.  In those situations the Privilege can not be granted for the first 10 days, therefore if granted, the Privilege will only be for the remaining 20 days.  If convicted of a DWI or if you plead guilty to a DWI, you will have your license suspended for 12 months.  Depending on how high your blood/alcohol level was at the time of your arrest will dictate when you can petition the court for a Limited Driving Privilege for those 12 months.  The petition requires several things before a Judge will consider it.  Below, I have listed those things that are necessary.

1. A certified 7-year driving record from the DMV
2. A Limited Driving Privilege Petition (Form AOC-CVR-9)
3. Fully completed Limited Driving Privileges (Form AOC-CVR-10 or AOC-CVR-11) (3 copies of each)
4. Valid proof of driving insurance (called a 'DL-123 form')
5. Proof of Substance Abuse Assessment
6. Letter from an employer or school if requesting more time outside of the standard hours.
7. $100 cost for the privilege.

This process can seem a bit complicated, but it can be done.  If you feel overwhelmed, speak with a local Durham DWI Attorney or Raleigh DWI Attorney or a DWI Attorney in your area for assistance.  Some may be willing to assist you without handling your DWI case.