Fill and Sign the Interlock Limited Driving Privilege Impaired Driving Cr 340 Form

Original - File Certified Copy - App licant Copy - DMV (Over) T he Cou rt ha s been furnis hed a pr operly execut ed form DL- 123 and is satisfi ed tha t the de fendan t is financially res ponsible. T he de fendan t ha s execut ed form DL- 123A and is not requ ired to furnish pr oof of fi nancial res ponsibility. a. b. 10 . The de fendan t was c onvict ed unde r G.S. 20-138 .1 and had an alc oho l con cen trati on of 0. 16 0. 15 (use fo r offenses co mm itt ed on o r afte r Decembe r 1, 2007) or more. 9. 4. If t he defe ndan t's lice nse is revoke d for a convictio n of G.S. 2 0-1 38 .1 a nd th e d efe ndan t had an alco hol co nce ntratio n of 0.1 5 or more, t he followin g restrictio ns a pply to th e limite d drivin g privile ge: 1) th e limite d drivin g privile ge may n ot b ecome effective until at le ast 4 5 d ays after th e fin al co nvictio n u nde r G.S. 2 0-1 38 .1; 2) th e d efe ndan t may o perate only a desig nated motor ve hicle; 3) th e d esig nated motor ve hicle must b e e qu ipped with a functio nin g ig nitio n interlock system of a type a pp rove d by th e Co mm issio ner of Motor Ve hicles th at is set to pro hibit drivin g with a n alco hol co nce ntratio n of gre ater th an 0.0 0; 4) th e d efe ndan t must p erso nally activate the ig nitio n interlock system before drivin g th e motor ve hicle; 5) th e d efe ndan t may drive only to and from th e d efe ndan t's place of employme nt, th e place the d efe ndan t is enrolle d in sch ool, the defendant's place of religious worship, any co urt-ord ere d tre atme nt or su bsta nce abu se e ducatio n, a nd any ig nitio n interlock service facility. (Applies to offenses committed on or af ter December 1, 2007.) T he de fendan t ha s been con vict ed of im paired drivi ng unde r G.S. 20-138 .1; G.S. 20-138 .2; G.S. 20-138 .3; U pon app licati on of t he de fendan t for a limit ed drivi ng privil ege, the Cou rt fi nds tha t: At t he time of t he off ense, t he app lican t he ld eit her a valid drivers lic ense or a lic ense t hat had been expir ed for less t han one (1) y ear; At t he time of t he off ense, t he de fendan t had no t within t he prec eding sev en (7) y ears been con vict ed of an off ense involvi ng im pa ired drivi ng; P un ishm ent level thr ee, fou r, or five has been imposed upon the de fendan t for the off ense of im paired drivi ng, or t he de fendan t ha s been con vict ed unde r G.S. 20-138 .3; S ub sequen t to the off ense, t he de fendan t ha s no t been con vict ed of, or had an un resolv ed cha rge lodged aga inst t he de fendan t for, an off ense involvi ng im paired drivi ng; T he records of t he Divisi on of Motor V ehicles and the Clerk of S uperior C ourt in this c ounty ha ve been sea rched , and the re are no ot her revocati ons in effect at this time; T he de fendan t ha s ob tained and filed with t he cou rt a s ubstan ce abu se assessm ent; If c onvict ed unde r G.S. 20-138 .3, t he de fendan t was 18, 19 or 20 yea rs old on the da te of t he off ense and ha s no t previ ously been con vict ed of a violati on of G.S. 20- 138 .3; ( NOTE: Even if the defendan t was 18 , 19 o r 20 years old a t the time o f the o ffense , he/she may no t receive a limited driving priv ilege i f his/he r cu rren t conviction was unde r eithe r (1) G. S. 20-138.1 o r (2) both G.S. 20-138.1 and G. S. 20-138.3. ) 8. FI ND INGS 1. 2. 3. 5. 6. 7. Effective Date NOTE TO DEFENDANT: This privilege is no longe r valid after t he revocati on pe riod for t he off ense of which y ou were c onvict ed ha s ended , or if y our drivers lic ense remains revok ed solely becau se t he Divisi on of Motor V ehicles has no t ob tained a certificate of y our completi on of a s ubstan ce abu se tr eatmen t pr ogram or an alc oho l and drug edu cation traffic sc hool. It is ORDERED t hat the de fendan t be allow ed a limit ed drivi ng privil ege to be effective on the da te i ndicat ed be low to be us ed in accor dance with t he restricti ons im posed on the reverse of this form, and to expire one yea r from t he da te on which t he Divisi on of Motor V eh icles revokes t he de fendan t's drivers lic ense pursuan t to G.S. 20-17 (a)(2) or G.S. 20-13 .2(a). This limit ed drivi ng privil ege is c ond itioned upon the maint enance of any fi nan cial res ponsibility r equired by G.S. 20-179 .3(l) during the pe riod of this privil ege. ORD ER Signature Of Judge Date Name Of Judge (Type Or Print) AOC-C R-340, Rev. 10 /15 © 201 5 Administ rative Office of the Cour ts Sex Drivers License No. State G. S. 20-179.3 Race Hair Color Date Of Offense Eye ColorHeight Date Of Birth Date Of Conviction Weight Use AOC-CV- 352 when the de fendan t's license was revok ed for a c onvicti on in ano the r state or in a f ederal c ourt. NO TE: ST ATE VE RSUS Coun ty INTER LOCK LIMIT ED DRIVIN G PRIV ILEGE IMPAIRED DRIVING (N.C . CONVIC TIONS ONLY) In T he Gene ral Cou rt Of Justice Di str ict S upe rio r Cou rt Di vis ion Name And Address Of Defendant NO TE: F ile No. STATE OF NORTH CAROLINA Name And Address Of Employer Or Driver's Place Of Work when essential for emergency medical care at any time. for maint enance of household during st andard working hours as follows: for community service assignment as follows: Driving is restricted to: Driving is permitted for Alcohol and Drug Education Traffic School and substance abuse assessment or treatment as follows: Driving is permitted for work-related , religious worship, or educational purposes during nonsta ndard working hours as follows: Additional restrictions: Corrective Lenses 45 M.P.H. Only Daylight Only Driving is permitted for work-related , religious worship, or educational purposes during sta ndard working hours as follows: (Do not check these items if 0.15 or greater alcohol concentration and offense committed on or after Decem ber 1, 2007.) Driving is permitted: The driver is self employed and the required documentation for work-related driving is attached. 6. Other: Name And Address Of ADET School, Community Service Coordinator, Or Mental Health Treatment Facility To Which Driver Assigned The following non-commercial vehicle(s): , which is owned by the def endant's employer and is operated by the def endant solely for work-related purposes, and the vehicle owner has filed a written statement with the court authorizing such work-related driving by the def endant. The following non-commercial vehicle(s): , which shall be equi pped with a functioning interlock system of a type approved by the Commissioner of Motor Vehicles and the def endant shall personally activate the ignition interlock system before operating the vehicle and at any time during the driving as required by the procedures for ignition interlock systems established by the Commissioner of Motor Vehicles. The driver may drive to and from any ignition interlock service facility for installation and service purposes. a. 5. 4. 3. b. 2. CERTIFICATION Deputy CSC Clerk Of Superior Court Assistant CSC Signature Of Defendant Signature I certify that this is a true and complete copy of the or iginal on file in this case. I have received a copy of this limited driving privilege which co ntains the restrictions on my driving privilege. I u nderstand that if I drive with the odor of alcohol on my breath, I may be subject to arrest and loss of this limited driving privilege; I u nderstand that this is my limited license to drive; that I must keep it in my possession during the period of revocation; that if my drivers license is revoked for any other reason, this limited driving privilege is invalid; that a violation of any restriction imposed in connection with this limited driving privilege constitutes the offense of driving while license revoked under G.S. 20-28; that if community service has been ordered, my willful failure to pay the prescribed fee or complete the co mmunity service within the time limit imposed shall result in revocation of this limited driving privilege; and that my willful failure may also result in other action authorized by law for violation of a condition of probation. Date Date NOTICE/ ACKNOWLEDGMENT OF RECEIPT RESTRICTIONS AOC-CR-340, Side Two, Rev. 10/15 © 201 5 Administrative Office of the Courts 1. The driver shall not drink alcohol while driving or drive while any alcohol remains in his/her body. The driver shall not driv e while having a controlled substance in his/her body unless such controlled substance was lawfully obtained and taken in ther apeutically approved amounts. This limited driving privilege DOES NOT include the privilege of operating a commercial motor vehicle as defined in G.S. 20-4.01(3d). St andard working hours are from 6 AM to 8 PM, M onday - Friday. Driving is permitted only as follows: (check only applicable boxes.) a. b. c.