NC Motor Vehicle Law

• 1. Between 15 and 18
• 2. Pass Drivers ed
• 3. Pass written Test admin. by DMV
• 4. Have driving eligibility certificate or High school diploma

• 1. Supervising Driver sitting beside permit holder
• 2. No other person in front seat
• 3. can only drive between 5a-9p for 1st 6 months (anytime after)
• 4. may not use mobile telephone or any other tech.

Learners permit, limited provisional, full Provisional

• 1. Had learners permit for 12 months (>=16)
• 2. Pass road test
• 3. Driving eligibility certificate
• 4. cannot have been convicted of a motor vehicle moving, seatbelt or mobile phone violation during preceeding 6 monts

• 1. Can only drive from 5a-9p (can drive to and from work)
• 2. Can't have more than 1 person under 21 when not accompanied by supervising driver (family excepted)
• 3. Cannot use mobile phone
• 4. outside hours is NOL, others are minor infractions

• 1. Atleast 16
• 2. Had limited provisional for 6 months
• 3. Drivers eligibility certifcate
• 4. Cannot have been conviceted of moving violation, seatbelt, or mobile phone violation within preceeding 6 months

• 1. upon receipt of notice of motor vehicle violation (not 1st)
• 2. 2nd violation within 12 months is 30 day suspension
• 3. 3rd is 90 days
• 4. 4th is 6 months
• dont plea to moving violation

Can use when client went to court without counsel and it hurt them more than it helped them

• 1. 12or more points within a 3 yr period
• 2. impaired supervision
• 3. Illigal transport of alcoholic beverages
• 4. if convicted of offense in another state that is grounds in NC for suspension
• 5. convicted of displaying someone elses license as his own
• 6. 2 or more convictions of speeding in excess of 80
• 7. 1 or more reckless driving and speeding in excess of 55 but less than 80
• 8. Speeding in excess of 75 when limit is < 70
• 9. Over 80 in a 70

• 1. 2 or more over 80
• 2. over 75 in a <70
• 3. over 80 in a 70
• Must have no other moving violation in preceding 12 months, proof of insurance and restrictions can be imposed by court

• 1. more than 15 over and over 55 (30 day)
• 2. Driving over 80 (30 Day)

• 1. Manslaughter or negligent homicide from operation
• 2. DWI
• 3. Any felony in the commision of which a car used
• 4. Failure to stop and render aid
• 5. 2 convictions of reckless driving inside 12 months
• 6. 2 cnvctns of aggresive driving inside 12 months
• 7. a reckless and aggressive inside 12 months
• 8. Other alcohol violations??

• 1. Failure to pay childe support
• 2. failure to report to community service
• 3. canceled license was issued due to fraud

Any person driving upon the highways of the state while their license was revoked (must prove driving on highway)

1st is 1 year, 2nd is 2 and 3rd is permanent (but eligible for hearing after 3 yrs)

Driving any vehicle upon any highway, street or public vehicular area while under the influence of an imparing substance or after consuming sufficient alcohol to have concentration of .08 or more, or any amount of schedule I controlled substance

Pleading is sufficient if it states the time and place of the offense in the usual form and charges that the defendant drove the vehicle on a highway or public vehicular area while subject to an impairing substance

Must be based on specific and articulable facts as viewed of a reasonable and cautious officer

if at the time of offense you have been convicted of 3 impaired drivings in last 10 years. Class F felony, Minimum 12 months in prison

2 or more grossly aggravating factors

• 1. prior conviction of DWI in last 7 years
• 2. License revoked at time of DWI for impared driving revokation (including refusal of breath test)
• 3. Serious injury to another caused by impared driving of this offense
• 4. child under 16 in vehicle at time of event

Max of 2 yrs in prison, Min of 30 Days in local Jail ?????????????

presence of 1 grossly aggravating factor

• 1 year max, 7 days min
• Probation (can do unsupervised)
• May do treatement instead of jail, but must be an inpatient program

• 1. Gross Impairment of .15 or +
• 2. especially reckless or dangerous driving
• 3. Negligent driving that led to a reportable accident
• 4. driving while license revoked
• 5. 2 or more prior convictions of motor vehicle offense with more than 3 points assigned within 5 years
• 6. one or more prior convictions involving impaired driving more than 7 years before this offense
• 7. convictions of speeding while fleeing or attempting to elude apprehension
• 8. convicted of speeding by at least 30 over
• 9. Passing stopped school bus
• 10. driving while impaired conviction outside 7 yrs
• 11. any other factor that aggravated the seriousness of the offense

• 1. Slight impairement, solely from Alcohol not over .09
• 2. slight impairement with no chemical analysis
• 3. driving at the time of the offense that was safe and lawful excepting impairment
• 4. safe driving record, no conviction for 4 points within 5 yrs
• 5. impairment caused by lawful prescribed drug for existing medical condition, the amount was within prescribed dose
• 6. voluntary submission to mental health facility for assessment after being charged
• 7. assessment, compliance, w/ recommended and maintaining of 60 continuous abstinence as proven by DOC devise
• 8. any other factors that mitigate the seriousness of the offense

Aggravating factors substantially outweigh mitigating factors

6 months max, 72 hours of community service or Jail

no aggravating or mitigating factors, or they are substantially counterbalanced

120 days max, 48 hours in jail or community service

mitigating factors substantially outweigh the agravating factors

60 days max, or 24 hours in jail/community service

3,4,5

• 1. charged with DWI
• 2. .08 or .04(commercial)
• 3. willful refusal
• 4. under 21 w/ alcohol in system
• can contest, but must be done within first 10 days
• after 30 days must pay 100 admin fee to get license back

30 day civil suspension, and 1 year suspension

can get after first 6 months

6a-8p Monday-Friday, judge can geographically restrict, cannot blow ANYTHING if pulled

• 1. valid license
• 2. No prior DWI within 7 yrs
• 3. No pending or unresolved DWI
• 4. No other suspensions
• 5. Pay 100 civil suspension fee
• 6. Must be level 3,4 or 5

• 1st= 1yr
• 2nd in 3 yrs= 4 yr suspension w/ hearing in 2
• 3rd = permanent suspension w/ hearing in 3 yrs
• ^no real time limit, though he hasnt seen past 10

• 1. Speeding over 15
• 2. gross impairement
• 3. Negligent driving and causing an accident
• 4. reckless driving
• 5. Driving with license revoked
• 6. Passing a stopped school buse while elluding
• 7. elluding with a child in the vehicle

Misdemeanor with 1 yr suspension unless aggravating factors present, if 2 then felony with 2 yr supension, if 3+ then 3 yr suspension

No person shall drive at a speed greater than is reasonable and prudent under conditions then existing

inside a city 35, and outside 55

if charged with going 25 over

charged with driving in excess of 20 over

• 1. Person unintentionally causes death of another
• 2. While engaged in the offense of impaired driving
• 3. Commision of the DWI was the proximate cause

• 1. person unintentionally causes death of another
• 2. while engaged in a motor vehicle violation other than DWI
• 3. proximate cause

• 1. unintentionally causes serious injury to another
• 2. engaged in DWI
• 3. proximate cause

• Any substance containing any form of alcohol,
• including ethanol, methanol, propanol, and isopropanol

The concentration of alcohol in a person expressed as either grams per 100 ml of blood, or grams per 210 l of breath

• As applied to drivers' licenses and permits, a
• declaration that a license or permit which was issued through error or fraud,
• or to which G.S. 20‑15(a)(3)
• applies, is void and terminated

GBWR of at least 26,001 and a towed unit of atleast 1001

A single motor vehicle with a GVWR at least 26001

a single motor vehicle not included in B, or a combonation not included in A or B

A test of breath, blood, or other bodily fluid/substance to determine the persons alcohol concentration or presence of impairing substance

person granted a permit by D of H And H survices to perform chemical analyses

license authrizing the individual to drive a class of commercial motor vehicle

a withdrawal of the privilege to drive a commercial motor vehicle

the operator of a vehicle (driver and operator are synonyms

Alcohol, controlled substance under Chapter 90, any other drug or psychoactive substance capable ofimpairing a person's physical or mental faculties, or compination thereof

Any drivers license or other license or permit to operate a motor vehicle

a person in actual physical control of a vehicle which is in motion or which has the engine running

a person under the age of 18

area used by the public for vehicular traffic at ANY time

• a crash resulting in one or more of the following:
• Death or injury of a HUMAN
• total property damage of 1000 or more

Termination of a licensee's or permittee's privilege to drive, or termination of the registration of a vehicle for a period of time

State of a person having his physical or mental faculties APPRECIABLY impaired by impairing substance (proved beyond reasonable doubt)

every device in, upon or by which a person is or may be transported or drawn upon a highway, including bikes, but who doesnt derive motion from human power. Doesnt include Horse

dismissal, Improper equipment, PJC, 10 miles under

• 1. Person operating in service of Armed forces (not civis)
• 2. any person operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on highway
• 3. a non resident who is 16 and has a valid license from home state
• 4. Moped driver over 16

5

5

4

4

4

3

3

3

3

2

suspension, no points