QUESTION

How to obtain a permit to drive to work once license have been suspended for 30 days.

Asked on Nov 26th, 2011 on DUI/DWI - North Carolina
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1 ANSWER

The following response is for general information purposes only.  It is not to be construed as legal advice. The following response will pertain to obtaining a limited driving privilege during a thirty (30) day suspension of your license after being charged with certain implied consent offenses (i.e. Driving While Impaired with a BAC reading of 0.08 or higher) pursuant to N.C. Gen. Stat. 20-16.5. If you are suspended for another offense, please resubmit the question with more explanation.  The process will be similar for other suspensions, but it would be best to consult an attorney in your county to discuss the purpose of the suspension and the best options for obtaining a privilege or lifting the suspension if possible. To obtain a limited driving privilege after being charged with an implied consent offense, a petition must be filed with the Clerk of Court in the county in which the offense was charged.  The form for the petition may be found at this link.  The petition may be filed on the tenth day from the date of the offense.  The form may be filed by the petitioner or by an attorney representing the petitioner.  On the eleventh day from the date of the offense, the petitioner or an attorney representing him/her must appear in court where the Clerk of Court has set the matter before a judge with the following documents: (1)  the actual limited driving privilege, (2) a DL-123 form from the petitioner's insurance company or a DL-123A form if the petitioner drives only fleet vehicles and does not own a vehicle, (3) a letter from the petitioner's employer if any hours are necessary outside of the standard Monday through Friday 6:00 AM to 8:00 PM, (4) a copy of the petitioner's driving record (may be obtained from NC Department of Motor Vehicles), and (5) a copy of the petitioner's Substance Abuse Assessment and proof of enrollment in the recommended treatment.  The privilege will cost one hundred dollars ($100.00). Different counties and judges vary as to the details of what is required for the privilege (i.e. certified driving record v. non-certified driving record).  It would be beneficial to contact a local attorney to discuss whether or not you qualify for a limited driving privilege, as not every person charged with an implied consent offense qualifies (i.e. willful refusal). 
Answered on Nov 28th, 2011 at 10:52 AM

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