§ 20-16.1. Mandatory suspension of driver's license upon conviction of excessive speeding; limited driving permits for first offenders. - North Carolina Statutes

§ 20‑16.1.  Mandatorysuspension of driver's license upon conviction of excessive speeding; limiteddriving permits for first offenders.

(a)        Notwithstanding anyother provisions of this Article, the Division shall suspend for a period of 30days the license of any driver without preliminary hearing on receiving arecord of the driver's conviction of either (i) exceeding by more than 15 milesper hour the speed limit, either within or outside the corporate limits of amunicipality, if the person was also driving at a speed in excess of 55 milesper hour at the time of the offense, or (ii) driving at a speed in excess of 80miles per hour at the time of the offense.

(b)       (1)        Upona first conviction only of violating subsection (a), the trial judge may whenfeasible allow a limited driving privilege or license to the person convictedfor proper purposes reasonably connected with the health, education and welfareof the person convicted and his family. For purposes of determining whetherconviction is a first conviction, no prior offense occurring more than sevenyears before the date of the current offense shall be considered. The judge mayimpose upon such limited driving privilege any restrictions as in hisdiscretion are deemed advisable including, but not limited to, conditions ofdays, hours, types of vehicles, routes, geographical boundaries and specificpurposes for which limited driving privilege is allowed. Any such limiteddriving privilege allowed and restrictions imposed thereon shall bespecifically recorded in a written judgment which shall be as near as practicalto that hereinafter set forth and shall be signed by the trial judge and shallbe affixed with the seal of the court and shall be made a part of the recordsof the said court. A copy of said judgment shall be transmitted to the Divisionof Motor Vehicles along with any driver's license in the possession of theperson convicted and a notice of the conviction. Such permit issued hereundershall be valid for 30 days from the date of issuance by trial court. Suchpermit shall constitute a valid license to operate motor vehicles of the classor type that would be allowed by the person's license if it were not currentlyrevoked upon the streets and highways of this or any other state in accordance withthe restrictions noted thereon and shall be subject to all provisions of lawrelating to driver's license, not by their nature, rendered inapplicable.

(2)        The judgment issuedby the trial judge as herein permitted shall as near as practical be in form andcontent as follows:

IN THEGENERAL COURT

STATEOF NORTH                                               OF JUSTICE

        CAROLINA                                          RESTRICTEDDRIVING

COUNTYOF_______                                           PRIVILEGES

Thiscause 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 excessive speeding in violation of G.S. 20‑16.1(a),and it further appearing to the court that the defendant should be issued arestrictive driving license and is entitled to the issuance of a restrictivedriving privilege under and by the authority of G.S. 20‑16.1(b);

Now,therefore, it is ordered, adjudged and decreed that the defendant be allowed tooperate a motor vehicle under the following conditions and under no othercircumstances.

Name:____________________________________________________

Race:______________________ Sex:___________________________

Height:_____________________ Weight:_________________________

Colorof Hair:________________ Color of Eyes:____________________

BirthDate:_________________________________________________

Driver'sLicense Number:______________________________________

Signatureof Licensee:_________________________________________

Conditionsof Restriction:___________________________________________

Type ofVehicle:__________________________________________________

GeographicRestrictions:____________________________________________

Hoursof Restriction:______________________________________________

OtherRestrictions:________________________________________________

Thislimited license shall be effective from _______________  to _____________subject to further orders as the court in its discretion may deem necessary andproper.

Thisthe _____ day of _______, ____

                                                                        __________________________________________

(JudgePresiding)

(3)        Upon conviction ofsuch offense outside the jurisdiction of this State the person so convicted mayapply to a district court judge of the district or set of districts as definedin G.S. 7A‑41.1(a) in which he resides for limited driving privilegeshereinbefore defined. Upon such application the judge shall have the authorityto issue such limited driving privileges in the same manner as if he were thetrial judge.

(4)        Any violation of therestrictive driving privileges as set forth in the judgment of the trial judgeallowing such privileges shall constitute the offense of driving while licensehas been suspended as set forth in G.S. 20‑28. Whenever a person ischarged with operating a motor vehicle in violation of the restrictions, thelimited driving privilege shall be suspended pending the final disposition ofthe charge.

(5)        This section issupplemental and in addition to existing law and shall not be construed so asto repeal any existing provision contained in the General Statutes of NorthCarolina.

(c)        Upon conviction ofa similar second or subsequent offense which offense occurs within one year ofthe first or prior offense, the license of such operator shall be suspended for60 days, provided such first or prior offense occurs subsequent to July 1,1953.

(d)        Notwithstanding anyother provisions of this Article, the Division shall suspend for a period of 60days the license of any driver without preliminary hearing on receiving arecord of such driver's conviction of having violated the laws against speedingdescribed in subsection (a) and of having violated the laws against recklessdriving on the same occasion as the speeding offense occurred.

(e)        The provisions ofthis section shall not prevent the suspension or revocation of a license for alonger period of time where the same may be authorized by other provisions oflaw.

(f)         Repealed bySession Laws 1987, c. 869, s. 14.

(g)        Any judge grantinglimited driving privileges under this section shall, prior to granting suchprivileges, be furnished proof and be satisfied that the person being grantedsuch privileges is financially responsible. Proof of financial responsibilityshall be in one of the following forms:

(1)        A writtencertificate or electronically‑transmitted facsimile thereof from anyinsurance carrier duly authorized to do business in this State certifying thatthere is in effect a nonfleet private passenger motor vehicle liability policyfor the benefit of the person required to furnish proof of financialresponsibility. The certificate or facsimile shall state the effective date andexpiration date of the nonfleet private passenger motor vehicle liabilitypolicy and shall state the date that the certificate or facsimile is issued.The certificate or facsimile shall remain effective proof of financialresponsibility for a period of 30 consecutive days following the date thecertificate or facsimile is issued but shall not in and of itself constitute abinder or policy of insurance or

(2)        A binder for orpolicy of nonfleet private passenger motor vehicle liability insurance underwhich the applicant is insured, provided that the binder or policy states theeffective date and expiration date of the nonfleet private passenger motorvehicle liability policy.

The preceding provisions ofthis subsection do not apply to applicants who do not own currently registeredmotor vehicles and who do not operate nonfleet private passenger motor vehiclesthat are owned by other persons and that are not insured under commercial motorvehicle liability insurance policies. In such cases, the applicant shall sign awritten certificate to that effect. Such certificate shall be furnished by theDivision. Any material misrepresentation made by such person on suchcertificate shall be grounds for suspension of that person's license for aperiod of 90 days.

For the purpose of thissubsection "nonfleet private passenger motor vehicle" has thedefinition ascribed to it in Article 40 of General Statute Chapter 58.

The Commissioner may requirethat certificates required by this subsection be on a form approved by the Commissioner.Such granting of limited driving privileges shall be conditioned upon themaintenance of such financial responsibility during the period of the limiteddriving privilege. Nothing in this subsection precludes any person from showingproof of financial responsibility in any other manner authorized by Articles 9Aand 13 of this Chapter. (1953, c. 1223; 1955, c. 1187, s. 15; 1959, c. 1264, s. 4; 1965, c.133; 1975, c. 716, s. 5; c. 763; 1979, c. 667, ss. 19, 41; 1983, c. 77; 1987,c. 869, ss. 13, 14; 1989, c. 436, s. 4; 770, s. 57; 1995 (Reg. Sess., 1996), c.652, s. 2; 1999‑456, s. 59; 2004‑199, s. 13(a).)