Carolina Criminal & DUI Lawyer BlogWhat is a Pre-Trial Limited Driving Privilege? Am I Eligible to Drive? How to get a Limited Driving Privilege
Under North Carolina Law, and under limited circumstances, the Court may authorize a Pre-Trial Limited Driving Privilege during a period of suspension – Bill Powers
See Sample : Pre-Trial Limited Driving Privilege
When and for What Purposes is a Pre-Trial Limited Driving Privilege Issued by the Court?
§ 20-179.3. Pre-Trial Limited Driving Privilege
North Carolina Limited Driving Privileges – A pre-trial limited driving privilege may be issued in the discretion of the Court after a revocation pursuant to N.C.G.S. 20-16.2, BUT the person charged must have had a Valid Drivers License at the time of the offense and otherwise comply with statutory requirements.
There are also other requirements or conditions that must me met to apply for Pre-Trial Privileges.
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With regard to an Impaired Driving Offense, while the initial “thirty-day” (30) Administration Revocation remains in the effect, and after the expiration of ten (10) days of a “hard revocation,” relief may be granted on a limited and narrow basis.
While technically still administratively suspended for the remaining statutory time-period, the Court may authorize someone charged with DWI DUI to drive for essential purposes such as:
(1) Employment.
(2) Maintaining Household
(3) Education
(4) Treatment, Assessment and Counseling
(5) Community Service
(6) Emergency Medical Services and Care
(7) Attendance of Church
Some attorneys refer to the Pre-Trial Limited Privilege as a “Paper License,” as the original “plastic” North Carolina Drivers License issued by the North Carolina Department of Transportation / Division of Motor Vehicles is normally in the possession of the Clerk of Court:
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Modified transcript of “How to get a Limited Driving Privilege” for the hearing impaired
Hi. I’m Bill Powers, and I’m going to talk to you a little bit about obtaining a Pre-Trial Limited Driving Privilege if you are charged with impaired driving in North Carolina and have been advised that you can’t drive because you have been charged. North Carolina in applying for a Pre-Trial Limited Driving Privilege, one would assume that you’re eligible. That you meet all of the requirements for a Pre-Trial Privilege such as having had a valid license at the time.
For the purposes of this video, let’s assume that you’re eligible. That you can get one if you fill out the proper forms. Now, there are four main forms that we look at. The first is what we call a Petition for Pre-Trial Limited Driving Privilege. The second is the Limited Driving Privilege itself, or the Pre-Trial Limited Driving Privilege. We also look for something called a DL123. That’s proof of insurance form from your insurance company. It’s somewhat unique to North Carolina. That’s not to say that other states don’t have similar forms, but we look for a DL123 from your carrier in North Carolina.
Then, we look for documentation regarding an alcohol assessment, which includes a series of tests and questioning from a approved facility. Finally, if you need to work outside of what are deemed standard hours, we’ll need some level of documentation regarding work and your responsibilities as an employee or indeed maybe as an employer, if you own the company. Now, it’s a little bit time consuming. It does take some time getting these documents together and understanding how to fill them out. It can be a bit convoluted to be honest with you, but it’s something we do everyday, and we’ll guide you through the process.
Indeed, we’ll prepare the forms for you. We’ll explain what they mean, and we’ll help you get through it. In most instances, once we get the forms all prepared, we seek their execution by sometimes the District Attorney’s office and the court. We have the clerk of court involved as well. Then, the state of North Carolina and the clerk of court’s office normally charge a fee for filing the Petition for Pre-Trial Limited Driving Privilege. That’s a mouthful.
I’ll tell you, it is worth while to get it if you need to drive and if you’re eligible. We’d be happy to help you do that. Give us a ring. That’s what we’re here for. We offer a free confidential consultation, and we’ll explain the process to you about obtaining a Pre-Trial Limited Driving Privilege in North Carolina. Look forward to hearing from you.
See: NCDOt License and ID