When Is a Person Eligible for a Restricted License?
Certain requirements must be met in order to obtain a hardship license after a revocation other than for DWI. Some of these include:
- The person’s driver’s license must be revoked.
- The person must have complied with the applicable revocation period. For a revocation for one year, the compliance period is 90 days. It is one year for a two-year revocation, and two years for a permanent revocation.
- There is no other revocation of the individual’s license in effect.
- The person is not eligible for LDP under another law.
- The person has not held a restricted license for another offense within the last three years.
- The individual does not have any pending motor vehicle offenses in North Carolina or another state.
- If the individual is an out-of-state resident, his license has not been revoked by that state.
How Do You Obtain a Restricted License?
You must file a petition with the court and attend a hearing before you can get a restricted license. This is a district court civil action and must be filed in the county where you reside. The prosecutor’s office would be notified of your petition and would have an opportunity to argue against granting you LDP. However, it would be the judge’s decision as to whether to issue a hardship license.
You must pay the filing fee for your petition and the $100 LDP fee. You will also need proof that you have automobile insurance and documentation of your need to drive, such as your employment or school schedule.
If the judge grants your petition, he will issue an order granting you the privilege to drive. He could set other conditions that you must comply with in order to receive a restricted license, such as not consuming any alcohol. If granted limited driving privileges, you would need to carry the order with you like a driver’s license.
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