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Driver’s Privilege

Driving Privilege

After the initial arrest and after a conviction, you may be eligible to obtain a driving privilege which will enable you to drive to and from work, school and church or other civic activities.    At Johnson & Nicholson, we can assist you with obtaining a driving privilege.

Definition of Limited Driving Privilege. – A limited driving privilege is a judgment issued in the discretion of a court for good cause shown authorizing a person with a revoked driver’s license to drive for essential purposes related to any of the following:
(1) His/Her employment.
(2) The maintenance of his/her household.
(3) His education.
(4) His/Her court ordered treatment or assessment.
(5) Community service ordered as a condition of the person’s probation.
(6) Emergency medical care.
(b) Eligibility. –
A person convicted of the offense of impaired driving under G.S. 20 138.1 is eligible for a limited driving privilege if:
a. At the time of the offense he held either a valid driver’s license or a license that had been expired for less than one year;
b. At the time of the offense he had not within the preceding seven years been convicted of an offense involving impaired driving;
c. Punishment Level Three, Four, or Five was imposed for the offense of impaired driving;
d. Subsequent to the offense he has not been convicted of, or had an unresolved charge lodged against him for, an offense involving impaired driving; and
e. The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20 17.6 for the restoration of a driver license.
A person whose North Carolina driver’s license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20 138.1 is eligible for a limited driving privilege if he would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20 16.2(d) is governed by G.S. 20 16.2(e1).
(2) Any person whose licensing privileges are forfeited pursuant to G.S. 15A 1331.1 is eligible for a limited driving privilege if the court finds that at the time of the forfeiture, the person held either a valid driver license or a drivers license that had been expired for less than one year and:
a. The person is supporting existing dependents or must have a drivers license to be gainfully employed; or
b. The person has an existing dependent that requires serious medical treatment and the defendant is the only person able to provide transportation to the dependent to the health care facility where the dependent can receive the needed medical treatment.
The limited driving privilege granted under this subdivision must restrict the person to essential driving related to the purposes listed above, and any driving that is not related to those purposes is unlawful even though done at times and upon routes that may be authorized by the privilege.

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