If your license is revoked, you may be eligible for a driving privilege.
Limited driving privileges are a wonderful way to protect your freedom and livelihood. This privilege does not apply if the offense or underlying offense involves impaired driving (see Impaired Driving Limited Privileges). It applies when an individual’s license is revoked for driving while license revoked (DWLR) or a moving violation committed while the person’s license was in a state of revocation.
To qualify, the following conditions must be met.
1) the revocation period for the underlying offense must have expired;
(2) the revocation under 20-28(a) or 20-28.1 is the only revocation in effect;
(3) there is no other provision of law in which the individual is eligible for a privilege;
(3\4) the individual has not held a privilege under this section within the last three years;
(5) there are no pending motor vehicle charges, nor unpaid fines or penalties in NC or any other state;
(6) if the individual holds an out-of-state license, the issuing state has not revoked that license;
(7) the individual is not prohibited from possessing a license due to physical or mental disabilities under N.C.G.S. 20-9(e);
(8) no out-of-state revocations for offense that could also carry the same penalty in North Carolina; and finally,
(9) compliance with a period of revocation based on the revocation period itself, i.e., 90 days for a one year revocation, 1 year for a two year period, and 2 years for a permanent revocation period.
Other conditions apply to the petition itself, which is both a criminal and a civil action. The petition must include a sworn affidavit of eligibility, must be filed in the person’s county of residence and must include both civil and criminal filing fees. The privilege will specify the times and / or routes the person may take to and from work, or the geographic boundaries for driving. Furthermore, an individual may not consume any alcohol while driving with this privilege, and a judge may issue whatever further restrictions deemed necessary.
After the completion of a full year on this limited privilege, the DMV must reinstate the person’s license.
Contact us today if we can assist you in obtaining a limited driving privilege. We are here to help!