Limited Driving Privilege

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Many people find themselves in situations where there license is revoked.  In most cases it is not for anything more than not taking care of a traffic ticket.  This is an indefinite suspension.  If that is the case, you can typically get your license reinstated by simply taking care of the old ticket.  However, if your license is revoked for too many points or for moving violations during a period of revocation, you may be suspended for a period of one (1) to three (3) years.  In those cases, you may need to get a limited driving privilege until the period of suspension has expired.

If your suspension is for one (1) year, you must have complied with the suspension, no other tickets, for 90 days.
If your suspension is for two (2) years, you must have complied with the suspension, no other tickets, for one (1) year.
If your suspension is permanent (3 years), you must have complied with the suspension, no other tickets, for two (2) years.

It is very important that you comply with these time limits.  In many cases, I have suggested that my clients hire a driver to drive their car to get them past this point where they can get a limited privilege.   The difference between no license and a limited privilege is significant.  In addition, once your receive your limited privilege, it is much easier to keep your record clean until you can get your license reinstated.

Also, remember if your license is suspended for any reason and it is cleared up, you are suspended until you pay your reinstatement fee to the DMV.

Below is the entire statute.

§ 20

-

20.1. Limited driving privilege for certain revocations.

(a)

Definitions.

–

The following definitions apply in this section:

(1)

Limited driving privilege.

–

A judgment issued by a court authorizing a

person with a revoked drivers license to drive un

der specified terms and

conditions.

(2)

Nonstandard working hours.

–

Anytime other than 6:00 A.M. until 8:00 P.M.

on Monday through Friday.

(3)

Standard working hours.

–

Anytime from 6:00 A.M. until 8:00 P.M. on

Monday through Friday.

(4)

Underlying offens

e.

–

The offense for which a person's drivers license was

revoked when the person was charged under G.S. 20

-

28(a), driving with a

revoked license, or under G.S. 20

-

28.1, committing a motor vehicle moving

offense while driving with a revoked license.

(b)

El

igibility.

–

A person is eligible to apply for a limited driving privilege under this

section if all of the following conditions apply:

(1)

The person's license is currently revoked under G.S. 20

-

28(a) or G.S.

20

-

28.1.

(2)

The person has complied with the

revocation for the period required in

subsection (c) of this section immediately preceding the date the person files

a petition for a limited driving privilege under this section.

(3)

The person's underlying offense is not an offense involving impaired dri

ving

and, if the person's license is revoked under G.S. 20

-

28.1 for committing a

motor vehicle moving offense while driving with a revoked license, the

moving offense is not an offense involving impaired driving.

(4)

The revocation period for the underlyin

g offense has expired.

(5)

The revocation under G.S. 20

-

28(a) or G.S. 20

-

28.1 is the only revocation in

effect.

(6)

The person is not eligible to receive a limited driving privilege under any

other law.

(7)

The person has not held a limited driving privile

ge issued under this section

at anytime during the three years prior to the date the person files the current

petition.

(8)

The person has no pending charges for any motor vehicle offense in this or

in any other state and has no unpaid motor vehicle fines

or penalties in this

or in any other state.

(9)

The person's drivers license issued by another state has not been revoked by

that state.

(10)

G.S. 20

-

9(e) or G.S. 20

-

9(f) does not prohibit the Division from issuing the

person a license.

(c)

Compliance Peri

od.

–

The following table sets out the period during which a person

must comply with a revocation under G.S. 20

-

28(a) or G.S. 20

-

28.1 to be eligible for a limited

driving privilege under this section:

Revocation Period

Compliance Period

1 Year

90 Days

2 Y

ears

1 Year

Permanent

2 Years

(d)

Petition.

–

A person may apply for a limited driving privilege under this section by

filing a petition. A petition filed under this section is separate from the action that resulted in

the initial revocation and is a civ

il action. A petition must be filed in district court in the county

G.S. 20

-

20.1

Page

2

of the person's residence as reflected by the Division's records or, if the Division's records are

inaccurate, in the county of the person's actual residence. A person must attach to a pet

ition a

copy of the person's motor vehicle record. A petition must include a sworn statement that the

person filing the petition is eligible for a limited driving privilege under this section.

A court, for good cause shown, may issue a limited driving priv

ilege to an eligible person in

accordance with this section. The costs required under G.S. 7A

-

305(a) and G.S. 20

-

20.2 apply

to a petition filed under this section. The clerk of court for the court that issues a limited driving

privilege under this section

must send a copy of the limited driving privilege to the Division.

(e)

Scope of Privilege.

–

A limited driving privilege restricts the person to essential

driving related to one or more of the purposes listed in this subsection. Any driving that is not

rel

ated to the purposes authorized in this subsection is unlawful even though done at times and

upon routes that may be authorized by the privilege. Except as otherwise provided, all driving

must be for a purpose and done within the restrictions specified in

the privilege.

The permissible purposes for a limited driving privilege are:

(1)

Travel to and from the person's place of employment and in the course of

employment.

(2)

Travel necessary for maintenance of the person's household.

(3)

Travel to provide emer

gency medical care for the person or for an immediate

family member of the person who resides in the same household with the

person. Driving related to emergency medical care is authorized at anytime

and without restriction as to routes.

(f)

Employment Dri

ving in Standard Working Hours.

–

The court may authorize

driving for employment

-

related purposes during standard working hours without specifying

times and routes for the driving. If the person is required to drive for essential

employment

-

related purpose

s only during standard working hours, the limited driving privilege

must prohibit driving during nonstandard working hours unless the driving is for emergency

medical care or for authorized household maintenance. The limited driving privilege must state

th

e name and address of the person's employer and may, in the discretion of the court, include

other information and restrictions applicable to employment

-

related driving.

(g)

Employment Driving in Nonstandard Working Hours.

–

If a person is required to

driv

e during nonstandard working hours for an essential employment

-

related purpose and the

person provides documentation of that fact to the court, the court may authorize the person to

drive for that purpose during those hours. If the person is self

-

employed,

the documentation

must be attached to or made a part of the limited driving privilege. If the person is employed by

another, the limited driving privilege must state the name and address of the person's employer

and may, in the discretion of the court, in

clude other information and restrictions applicable to

employment

-

related driving. If the court determines that it is necessary for the person to drive

during nonstandard working hours for an employment

-

related purpose, the court may authorize

the person t

o drive subject to these limitations:

(1)

If the person is required to drive to and from a specific place of employment

at regular times, the limited driving privilege must specify the general times

and routes by which the person may drive to and from work

and must restrict

driving to those times and routes.

(2)

If the person is required to drive to and from work at a specific place but is

unable to specify the times during which the driving will occur, the limited

driving privilege must specify the general

routes by which the person may

drive to and from work and must restrict driving to those general routes.

(3)

If the person is required to drive to and from work at regular times but is

unable to specify the places at which work is to be performed, the lim

ited