NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1133

SENATE BILL 621

 

 

AN ACT TO REENACT CHAPTER 1283, SESSION LAWS OF 1969, ALLOWING JUDGES TO GRANT LIMITED DRIVING PRIVILEGES TO INDIVIDUALS UPON A FIRST CONVICTION OF DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Subsection (b) of G.S. 20-179 is hereby rewritten to read as follows:

"(b)(1)  Upon a first conviction only, the trial judge may when feasible allow a limited driving privilege or license to the person convicted for proper purposes reasonably connected with the health, education and welfare of the person convicted and his family. For purposes of determining whether conviction is a first conviction, no prior offense occurring more than 10 years before the date of the current offense shall be considered. The judge may impose upon such limited driving privilege any restrictions as in his discretion are deemed advisable including, but not limited to, conditions of days, hours, types of vehicles, routes, geographical boundaries and specific purposes for which limited driving privilege is allowed. Any such limited driving privilege allowed and restrictions imposed thereon shall be specifically recorded in a written judgment which shall be as near as practical to that hereinafter set forth and shall be signed by the trial judge and shall be affixed with the seal of the court and shall be made a part of the records of the said court. A copy of said judgment shall be transmitted to the Department of Motor Vehicles along with any operator's or chauffeur's license in the possession of the person convicted and a notice of the conviction. Such permit issued hereunder shall be valid for such length of time as shall be set forth in the judgment of the trial judge. Such permit shall constitute a valid license to operate motor vehicles upon the streets and highways of this or any other state in accordance with the restrictions noted thereon and shall be subject to all provisions of law relating to operator's or chauffeur's license, not by their nature, rendered inapplicable.

(2)        The judgment issued by the trial judge as herein permitted shall as near as practical be in form and contents as follows:

STATE OF NORTH CAROLINA)                          IN THE GENERAL COURT OF JUSTICE

COUNTY OF ______________)                            RESTRICTED DRIVING PRIVILEGES

This cause coming on to be heard and being heard before the Honorable _______________, Judge presiding, and it appearing to the Court that the defendant, _______________, has been convicted of the offense of operating a motor vehicle while under the influence of intoxicating beverages, and it further appearing to the court that the defendant should be issued a restrictive driving license and is entitled to the issuance of a restrictive driving privilege under and by the authority of G.S. 20-179(b);

Now, therefore, it is ordered, adjudged and decreed that the defendant be allowed to operate a motor vehicle under the following conditions and under no other circumstances.

Name:______________________________________________________________________

Race:_______________________________ Sex:_____________________________

Height:______________________________ Weight:___________________________

Color of Hair:_________________________ Color of Eyes:______________________

Birth Date:____________________________________________________________

Driver's License Numbers:_________________________________________________

Signature of Licensee:____________________________________________________

Conditions of Restriction:__________________________________________________

Type of Vehicle:______________________________________________________________

Geographic Restrictions:________________________________________________________

Hours of Restriction:___________________________________________________________

Other Restrictions:_____________________________________________________________

This limited license shall be effective from _____________ to ____________ subject to further orders as the court in its discretion may deem necessary and proper.

This the _________ day of ________________, 19______._____________________

                                                                                                                  (Judge Presiding)

(3)        Upon conviction of such offense outside the jurisdiction of this State the person so convicted may apply to the resident judge of the superior court of the district in which he resides for limited driving privileges hereinbefore defined. Upon such application the judge shall have the authority to issue such limited driving privileges in the same manner as if he were the trial judge.

(4)        Any violation of the restrictive driving privileges as set forth in the judgment of the trial judge allowing such privileges shall constitute the offense of driving while license has been revoked as set forth in G.S. 20-28. Whenever a person is charged with operating a motor vehicle in violation of the restrictions, the limited driving privilege shall be suspended pending the final disposition of the charge.

(5)        This section is supplemental and in addition to existing law and shall not be construed so as to repeal any existing provision contained in the General Statutes of North Carolina."

Sec. 2.  This act shall be given retroactive effect and shall be considered to have become effective upon February 19, 1971. Any judge of the district or superior court is hereby authorized and empowered to modify to grant limited driving privileges any judgment issued between February 19, 1971 and the date of ratification of this act in any criminal action for driving while under the influence of intoxicating liquor wherein the defendant was prohibited solely by reason of having a prior conviction more than 10 years from the date of his conviction.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.