Can I get a Limited Privilege?

PODCAST – Law Talk with Bill Powers – Limited Driving Privileges for DWI charges in North Carolina 

That’s actually a pretty common question DWI lawyers in Charlotte get. The honest answer isn’t always reassuring.

It depends.

There are many reasons why you may need driving privileges, and it can be difficult to get them given the NCDMV laws are actually pretty complicated.

Am I eligible for a Limited Privilege?

If your license has been revoked or suspended because of a traffic violation or DWI (or any other reason), getting Limited Privilege might help make sure that all goes according to plan in terms taking care of responsibilities such as work deadlines; school schedules for children who rely heavily upon vehicles transportation between home and school; grocery shopping trips, etc.

What is a limited driving privilege?

A limited driving privilege is a document that allows someone to drive in specific circumstances, such as to and from work or for medical appointments. It is not a license and does not allow the person to drive anywhere they want.

While some people may refer to them as a “Hardship License” or “Work Privilege” or “Paper License,” in North Carolina, they’re technically referred to as a Limited Privilege.  

If you are considering applying for a limited driving privilege, it is important to understand the law and how it applies to your situation. It is also important to have the paperwork done correctly, or it may not be accepted by the DMV.

What happens if I refused to blow?

It’s important to understand, a driver’s license in North Carolina is a privilege, not a right – Bill Powers 

The North Carolina Division of Motor Vehicles (NCDMV) has a number of rules and regulations in place that govern who is eligible for driving privileges and under what circumstances.

There are several different types of Limited Driving Privileges in North Carolina.

For example, for just for DWI charges, there are privileges for:

• LIMITED DRIVING PRIVILEGE PRETRIAL REVOCATION (IMPLIED-CONSENT OFFENSE) – AOC-CVR-10
• LIMITED DRIVING PRIVILEGE INDEFINITE PRETRIAL REVOCATION (IMPLIED-CONSENT OFFENSE) – AOC-CVR-11
• LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING OR OPEN CONTAINER OR UNDERAGE ALCOHOL VIOLATION (N.C. CONVICTIONS ONLY) – AOC-CR-312
• LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING (OUT-OF-STATE OR FEDERAL – AOC-CR-352
• LIMITED DRIVING PRIVILEGE WILLFUL REFUSAL-AOC-CR-313
• INTERLOCK LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING (N.C. CONVICTIONS ONLY)-AOC-CR-340

Can I handle DWI charges by myself?

Yes, but it’s not recommended.

The process is complicated and without an understanding of the law, you could make things worse.

A limited privilege can help reduce some of the consequences of a DWI conviction, but it’s important to have the paperwork done correctly.

Of course, even being charged with DWI can result in a Civil Revocation.  In that instance, a Pretrial Limited Privilege may be appropriate.  Each case, like each person accused of impaired driving, is unique.

If you have any questions, we think it’s best to talk to an attorney.

Download a FREE DL-123 

TXT Transcript of Law Talk with Bill Powers – March 10, 2022

(Transcripts for Law Talk are TXT Auto Generated files.  Voice recognition and the related transcription technologies are imperfect, at best.  Please accept our sincere apology for any errors and/or omissions.)

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[Unknown]: can i get a hardship license in north carolina that’s actually a pretty common

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[Unknown]: question that we as dwi lawyers in charlotte get if i’m being honest the answer is

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[Unknown]: it depends there are a good number of reasons why you may needing privileges and

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[Unknown]: frankly it can be difficult to get them given that the dmv laws and the motor

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[Unknown]: vehicle laws in north carolina are actually pretty complicated if your license has

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[Unknown]: been revoked or suspended because of a traffic violation or a dwi or any other

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[Unknown]: reason getting the limited privilege might help make sure that it all goes well

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[Unknown]: according to plan in your life regarding taking care of responsibilities at work

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[Unknown]: getting your kids to school

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[Unknown]: and all of us who are heavily reliant on vehicles to get back and forth in mcb

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[Unknown]: county that can include grocery shopping going to work and taking care of your

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[Unknown]: normal household maintenance as we call it his lawyers i guess the first question

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[Unknown]: is what is a limited driving privilege and is it the same as a hardship license if

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[Unknown]: you call and ask us for legal help we’ll know what you’re talking about formerly a

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[Unknown]: limited driving privilege in north carolina is a document that allows someone to

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[Unknown]: drive in specific circumstances such as to and from work or for medical

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[Unknown]: appointments or to take care of the family it’s a type of license and it does not

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[Unknown]: necessarily allow you to drive any time and anywhere that you want think of it as

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[Unknown]: in a way as a type of probationary driver’s license there are restrictions there

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[Unknown]: are conditions precedent and it’ not guaranteed in every instance that you’re

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[Unknown]: eligible to get a limited privilege if you are considering applying for a limited

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[Unknown]: driving privilege some of us call him an ldp it is important to understand the law

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[Unknown]: and how it applies to your individual facts and your individuals situation and your

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[Unknown]: driving history

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[Unknown]: it’s also important to have the paperwork done correctly or north carolin dnb or

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[Unknown]: ncnb as we call it may not accept it and may reject it

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[Unknown]: one of the key tips on this area of law that we tell clients at the firm is a

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[Unknown]: driver’s license is a privilege not a right doesn’t mean you’re guaranteed to have

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[Unknown]: a driver’s license just because you need one or it makes sense to take care of your

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[Unknown]: family or have a job

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[Unknown]: in order to protect the public the north kn division of motor vehicles has a number

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[Unknown]: of rules and regulations that place um in place to govern who is eligible for

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[Unknown]: driving privileges and under what circumstances and it’s actually the nork general

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[Unknown]: statutes that had set forth those rules and regulations but the nc dot the

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[Unknown]: department of transportation dmv division of motor vehicles is responsible for

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[Unknown]: enforcement of those laws relative to whether or not you get that little plastic

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[Unknown]: card that you keep in your wallet or bill fold

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[Unknown]: when it comes to dry w paired cases and limited privileges there are several

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[Unknown]: different types and to be clear today on the podcast we’ talking about impaired

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[Unknown]: driving related limited privileges there are other types of limited privileges that

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[Unknown]: you may entrust and we’ll do podcast in the future on that for example in north

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[Unknown]: carolina for dwi charges there’s a limited driving privilege pre trial revocation

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[Unknown]: for implied consent offense and that’s on ac cv r form

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[Unknown]: there is also limited driving privilege in definite pre trial revocation foreign

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[Unknown]: applied consent offense that’s ac

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[Unknown]: c br eleven form

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[Unknown]: there’s a limited driving privilege i pair driving or open container or underage

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[Unknown]: alcohol violation north carolina convictions only which is a o c cr three one two

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[Unknown]: there is a limited driving privilege impaired driving out of state or federal

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[Unknown]: convictions which is an ac cr three five two there’s a limited driving privilege

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[Unknown]: will for refusal which is acr three one three and there is an interlock limited

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[Unknown]: driving privilege in pair driving north carolina convictions only a o c c r three

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[Unknown]: four zero

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[Unknown]: wow that’s a mouthful and it has six different types of limited driving privileges

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[Unknown]: just foreign paired driving offenses in north carolina

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[Unknown]: and this podcast we’re joined by powers law firm austin of awesome legal assistant

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[Unknown]: melissa bost melissa thank you so much for joining us today thanks bill i

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[Unknown]: appreciate this chance to help people out with these types of issues and maybe make

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[Unknown]: the process just a little bit easier and that’s a really good point melissa because

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[Unknown]: the process itself can be taxing it can be

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[Unknown]: way people heavy on people’s minds in fact when people call us there are several

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[Unknown]: different questions they want to know am i looking at jail time for a dry wap case

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[Unknown]: am i going to be able to go to work am i going to be able to drive and it’s part of

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[Unknown]: the

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[Unknown]: worry that you have when when you get charged and even just to being accused you

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[Unknown]: can have negative consequences so today the limit privileges we’re talking about

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[Unknown]: are just for impaired driving cases in north carolina sometimes you hear defense

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[Unknown]: lawyers call them dwi or dui or whatever you want to call it doesn’t matter in our

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[Unknown]: mind have people say you know i got a drunk driving charge if we get what you’re

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[Unknown]: talking about right

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[Unknown]: and i don’t think we even correct people anymore it’s

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[Unknown]: the same

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[Unknown]: so as i said there are different types of privileges for speeding tickets out of

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[Unknown]: state convictions for different types of speeding reckless driving and drama

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[Unknown]: license revoked and then even a certain founding convictions and today we’re just

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[Unknown]: focusing on the big ticket once for dwi and as stated is it complicated at least i

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[Unknown]: think it is you agree for sure so let’s talk about what

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[Unknown]: clients want to know about regarding getting the paperwork together the necessary

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[Unknown]: forms of documentation okay all right so we see a lot of different types of um

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[Unknown]: north carolina dmv issues people can get their license suspended or revoked for

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[Unknown]: different reasons the attorneys here work hard to help them out with that and

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[Unknown]: explain their legal rights and options on the front end of things

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[Unknown]: my job is to prepare those the documents and get the materials from the client and

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[Unknown]: work with the client one on one for signatures and things like that the attorneys

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[Unknown]: then are responsible for getting that appropriate limited driving privilege to the

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[Unknown]: judge for a signature filing the privilege with the clerk of court paying the fine

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[Unknown]: for that or the fee for that and you know so on and so forth right

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[Unknown]: uh two things that i tell the clients

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[Unknown]: usually is that it’s pretty complicated and we’re gonna get you through it

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[Unknown]: i prepare these privilege for people

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[Unknown]: probably daily uh there are some basics but um you like to say bill each client in

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[Unknown]: each case and each your jurisdiction honestly is unique right and those let’s

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[Unknown]: unpack that a little bit because

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[Unknown]: what worked for cousin freddie in rowan county regarding their

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[Unknown]: class a cdl license replication due to an impaired driving case

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[Unknown]: may be similar to but not exactly what happens to you if you get a

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[Unknown]: you have a class c a regular driver’s license and in monroe and union county and

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[Unknown]: there are some basics i think the the important points are one try not to freak out

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[Unknown]: well you know we’ll we’ll explain it to you this is part this is what we do it’s an

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[Unknown]: important part of our job and we’ll we’ll walk you through it and we’re not going

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[Unknown]: to make you fill out all the forms we make you read the forms we make you know

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[Unknown]: confirm the information is correct in the forms and sign the forms because it is a

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[Unknown]: type of court order uh but we’ll get you through it all right and and um we’ll go

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[Unknown]: on this a little bit in the future but i i

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[Unknown]: you know i’ve done this for a living now coming up on well since nineteen ninety

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[Unknown]: two a long time

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[Unknown]: and

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[Unknown]: the the the laws have changed the rules have changed some of the forms haven’t

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[Unknown]: really kept up with the new laws and it’s something that we talk about on a weekly

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[Unknown]: a daily basis and going through the forms and checking through everything is done

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[Unknown]: correctly so

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[Unknown]: in north carolina our dw laws trafficking laws are intricate and

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[Unknown]: ncnb has a way of doing things they they like it done a certain way the judges like

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[Unknown]: to take a look at things these privileges are discretionary meaning the judge signs

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[Unknown]: off on it and i’ve had cases we’ve seen cases where

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[Unknown]: everything appeared to be done correctly and dnb said they weren’t otherwise

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[Unknown]: eligible there was something else in another state that didn’t wasn’t disclosed and

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[Unknown]: we’re going we’re going to disallow it and that may surprise you that they have

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[Unknown]: they can i guess overrule what a judge may say in some instances

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[Unknown]: so

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[Unknown]: there are different types of license replications and suspension in north carolina

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[Unknown]: whether we realize it or not we tend to use those two terms interchangeably there

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[Unknown]: are technical legal differences

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[Unknown]: but there’s dry one paired under two dash one hundred thirty eight point one

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[Unknown]: their vehicular mansuh her flee to a loads tickets you see a lot of those

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[Unknown]: where you may live in charlotte work you know drive down to rock hill get a ticket

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[Unknown]: down there don’t think anything about it weeks months some instances years later

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[Unknown]: you get a letter from north db saying hey you got a high speed out of state we’re

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[Unknown]: going to vote your license are suspended for a period speeds in north carolina can

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[Unknown]: do it and there are a lot of different ways that can happen

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[Unknown]: aggressive driving reckless driving careless driving there are circumstances where

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[Unknown]: those can result in suspensions not in every case but there if you have a

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[Unknown]: accumulation of points

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[Unknown]: they add up

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[Unknown]: just like you know some offenses have really high point values like fairing to move

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[Unknown]: over for emergency vehicle or passing a stop school bus is one of the highest next

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[Unknown]: to dry one paired a pre ranged speed competition is a basis for revocation versus

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[Unknown]: prearranged means you plan and the other one is called spontaneous one allows you

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[Unknown]: to drive and one doesn’t in fact you lose your car for the prearranged one um and

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[Unknown]: then if your license is already suspended or revoked for another matter and then

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[Unknown]: you pick up another moving violation

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[Unknown]: a lot depends on your individual driving record i refer to it as an abstract i

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[Unknown]: think that’s an old school term unless i don’t even know why we call it that but

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[Unknown]: dnb refers to it as an abstract what we’re talking about is your record youre

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[Unknown]: driving history okay so let say you you’re an expert on this i mean really as far

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[Unknown]: as prepping the things i i get them you know chris and i go to court with them take

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[Unknown]: a look at them but i don’t necessarily speak with the clients on a daily basis

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[Unknown]: about the specifics of what you have to go through i know what the requirements are

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[Unknown]: but let’s talk about the things the conversations you have with people and the

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[Unknown]: questions that you ask because you have a good way of doing that reassuring people

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[Unknown]: yeah so i normally ask um a series of questions the um initial privileges the uh

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[Unknown]: pre trial privilege and um if they’re coming to us or at the bat and they’re

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[Unknown]: eligible on day ten than they’re usually interested in that sometimes they’re not

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[Unknown]: coming to us right away and they’ve got five days left until their thirty day civil

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[Unknown]: revocation up which we’ll talk about probably at a different time as well but um if

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[Unknown]: they want the pre trial privilege we start

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[Unknown]: talking about you know why why is it suspended and they go into the details of

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[Unknown]: their dwi because every privilege is different so i’ve got to know what what’s the

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[Unknown]: reason that you’re you’re asking for that privilege or what type of privilege am i

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[Unknown]: going to use um and then i need to know how you know the data suspension that lets

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[Unknown]: me know you know how much longer they’re suspension is gonna run for um did you

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[Unknown]: have a valid driver’s license at the time that you were shopped because if you

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[Unknown]: didn’t you you didn’t have a privilege in the first place so we we can’t get one

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[Unknown]: from from the judge for you um

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[Unknown]: if why again why it suspended did you get a letter from the dmv you know what’s

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[Unknown]: that letter say there’s usually some statute references on there and stuff that we

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[Unknown]: can look at just to see

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[Unknown]: um you know where we’re going with what type of privilege right so there is a

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[Unknown]: difference between a driver’s license that’s expired

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[Unknown]: and if it’s expired less than a year there may be options available as opposed to

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[Unknown]: revoked or suspended and that’s a real good point yet the limited privilege itself

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[Unknown]: is predicated on a pre existent license

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[Unknown]: and boy it gets deep here because the question is like well i’m in license in south

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[Unknown]: carolina but i work in north carolina are you eligible or

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[Unknown]: i’ve lived here for a year but i didn’t turn everything over to north carolina am i

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[Unknown]: eligible or i live here half to year and the other half a year i live in tennessee

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[Unknown]: and tennessee doesn’t have state income taxes so there are no absolute rules there

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[Unknown]: are some general precepts and the general precept is that if you’re trying to get a

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[Unknown]: limit privilege you kinda need to have had a valid license of some sort or not have

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[Unknown]: been expired an exceeding long period of time

188
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[Unknown]: now why do you ask about the data suspension and things like that because

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[Unknown]: our clients unfortunately i like to call it trickle information and they don’t

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[Unknown]: always see the interaction between the moving parts and they don’t realize well i’m

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[Unknown]: just suspending for the d w i like actually you may have already been suspended

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[Unknown]: before the dw i do a speeding ticket and the d just made it worse yeah there’s a

193
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[Unknown]: couple of reasons to ask for the data suspension because like you said people will

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[Unknown]: say oh oh wait up know my driver’s license was already suspended and they don’t

195
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[Unknown]: even realize that you know like you said the privilege is predicated on the fact

196
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[Unknown]: that you already had a privilege which is the plastic driver’s license they gave

197
00:14:29,200 –> 00:14:32,800
[Unknown]: you you know if that’s gone then you don’t you can’t get a privilege to drive

198
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[Unknown]: um and i also asked because there are people who are like oh yeah i got i got

199
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[Unknown]: pulled twenty three days ago okay well the pre child privilege is only good till j

200
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[Unknown]: thirty so now now you’re gonna you know you’re gonna have to go through this whole

201
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[Unknown]: process and you know by the weekend you’re going to be able to pick up your license

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[Unknown]: so we ask it for a few reasons because we don’t want to waste people’s time or

203
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[Unknown]: their money and we certainly don’t want to um turn over documents and have a judge

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[Unknown]: signs and stuff that’s going to get kicked back by the dmv because we didn’t know

205
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[Unknown]: the dates and

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[Unknown]: i think even there is a spot at the top where we have to put that stuff in anyway

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00:15:07,360 –> 00:15:11,200
[Unknown]: so please it’s important to know that right and this isn’t something that you fudge

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00:15:13,120 –> 00:15:18,320
[Unknown]: we attach the documents when we apply for a limited driving privilege we attach a

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[Unknown]: copy to driving record in history that we we have we will attach alcohol

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[Unknown]: assessments and letters from employers and different insurance forms and things

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[Unknown]: like that and the judges look at them and it’s a court order and you don’t want to

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[Unknown]: be something that’s inaccurate and i know some people get desperate and they think

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[Unknown]: well maybe they won’t notice a day or two and yeah they do yeah yeah they do so

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[Unknown]: what type of documents or materials did you look at and realize y’all there’s a

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[Unknown]: difference between a civil revocation the first melissa has referred to it several

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[Unknown]: times under twenty sixteen point two i think a statutory reference basically for

217
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[Unknown]: being charged for dw not in every instance there are exceptions but let’s say you

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[Unknown]: have an o eight you will for refused or something like that and there is an initial

219
00:16:00,560 –> 00:16:06,000
[Unknown]: revocation of suspension for thirty days and then after a certain period of time

220
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[Unknown]: ten days you become eligible if you’re eligible for a pre trial limited driving

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[Unknown]: privilege and that gets you from day eleven to day thirty and on day thirty one you

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[Unknown]: can apply to get your regular driver’s licensee back so the way i describe it to

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[Unknown]: people is you start with your plastic license they take that when you get arrested

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[Unknown]: for dry one paired by the way you don’t have to be arrested they can just site you

225
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[Unknown]: with it nowadays and after ten days you can’t do it you can’t do anything unless

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[Unknown]: you challenge a civil revocation and that works in some jurisdictions and not

227
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[Unknown]: others and that’s a whole nother podcast

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[Unknown]: but after ten days you may become eligible for what’s called a pre trial

229
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[Unknown]: restoration type of excuse me on restoration limited privilege there is a

230
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[Unknown]: difference i get you from day eleven to day thirty so it’s plastic paper and then

231
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[Unknown]: after thirty days you pay a restoration fee of one hundred bucks oy that’s a

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[Unknown]: mouthful

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[Unknown]: and you have to explain that about a million times is tell me some of the things

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[Unknown]: that you know what you try to explain to people how it works do you use do you use

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[Unknown]: a paper plastic paper example haven’t i probably will after today i

236
00:17:09,280 –> 00:17:13,280
[Unknown]: normally i just tell them you know you you’re you’ll get your plastic license back

237
00:17:13,440 –> 00:17:14,880
[Unknown]: and it will be you will have the same

238
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[Unknown]: something different but as long as everything is on you know kind of a run of the

239
00:17:24,640 –> 00:17:29,040
[Unknown]: mill dwi if there is such a thing you will get that back after thirty days in the

240
00:17:29,120 –> 00:17:32,000
[Unknown]: meantime you won’t carry a packet of papers all the things i’m going to ask you for

241
00:17:32,080 –> 00:17:36,960
[Unknown]: you’re going to get back with a judge’s signature on it and a files and copy on its

242
00:17:37,040 –> 00:17:39,760
[Unknown]: your driver’s license and if you don’t have it it’s not the same thing as leaving

243
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[Unknown]: your license at home on the counter you’re gonna carry this packet of paper and

244
00:17:43,280 –> 00:17:46,720
[Unknown]: then when that’s all done after twenty days we’re gonna get that you’re gonna to

245
00:17:46,800 –> 00:17:50,000
[Unknown]: get the plastic glasses back and go back to normal right it’s just i mean and i and

246
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[Unknown]: i try to just

247
00:17:52,320 –> 00:17:55,280
[Unknown]: they need to understand that this is in north carolina part of the punishment

248
00:17:55,360 –> 00:18:01,360
[Unknown]: honestly that’s what this is a front end punishment for you ha having been charged

249
00:18:01,360 –> 00:18:05,680
[Unknown]: with the dw one hundred percent agree with you unfortunately the either corp fel

250
00:18:05,760 –> 00:18:09,840
[Unknown]: supreme court says it’s not a punishment it’s an administrative revocation i that’s

251
00:18:09,840 –> 00:18:13,920
[Unknown]: poppy cap that’s try to get your kids to the school bus without one that’s not yeah

252
00:18:14,000 –> 00:18:24,080
[Unknown]: and if you’ arrested why you’re wrote revoked or suspended for drypool license b

253
00:18:24,160 –> 00:18:27,760
[Unknown]: impaired revc it carries a one hundred twenty day max and let me tell you dmv

254
00:18:27,760 –> 00:18:31,360
[Unknown]: doesn’t like it that the das don’t like it the judges don’t like it we don’t like

255
00:18:31,360 –> 00:18:32,800
[Unknown]: it it makes an already bad situation

256
00:18:34,240 –> 00:18:38,640
[Unknown]: much much further suspend license it’s it’s no fun at all right the way i think of

257
00:18:38,640 –> 00:18:42,080
[Unknown]: a pre trial limited driving privilege it’s sort of like i don’t know you’re in high

258
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[Unknown]: school and you’re like you’re grounded and then after ten days it’s grandma’s

259
00:18:46,720 –> 00:18:50,320
[Unknown]: birthday and well you’re going to be able to go to grandma’s birthday but only this

260
00:18:50,560 –> 00:18:54,960
[Unknown]: you know and and there’s there are limitations to it so you’ll be able to drive

261
00:18:55,360 –> 00:18:59,120
[Unknown]: after so your license is spended for thirty days there’s ten days what i call hard

262
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[Unknown]: suspension nothing’s happening unless you challenge a civil revocation which is

263
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[Unknown]: limited greatly but on day eleven to day thirty you’re on kind of double secret

264
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[Unknown]: probation there there could be restrictions on the time the days the purposes of

265
00:19:13,440 –> 00:19:17,600
[Unknown]: your driving you can’t have any booze in your system whatsoever we’ve even had

266
00:19:17,760 –> 00:19:21,600
[Unknown]: someone pulled for coming out of a bar outside of those time limits even though

267
00:19:21,920 –> 00:19:26,080
[Unknown]: that’s where her car was parked and that’s that’s the a violation you have to be

268
00:19:26,160 –> 00:19:30,400
[Unknown]: going where you’re supposed to be going it’s delineated on the form and and the

269
00:19:30,400 –> 00:19:33,280
[Unknown]: time you’re supposed to be going there it’s just the way it goes there are some

270
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[Unknown]: judges i can think of ad up there in ear daal ide county where the judge wants to

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[Unknown]: another route meaning okay where does this person live they and we i have literally

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00:19:42,640 –> 00:19:47,120
[Unknown]: drawn a route and put it you know a map quick on even use map quest now he ways but

273
00:19:47,280 –> 00:19:51,120
[Unknown]: put the map down and and i’ve had joeys okay what time does he work or what time

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00:19:51,200 –> 00:19:56,160
[Unknown]: does she work in the time the travel time absolutely and so y’all they we ain’t

275
00:19:56,240 –> 00:19:59,280
[Unknown]: fing these are they’re complicated when you look at the forms

276
00:20:00,320 –> 00:20:03,840
[Unknown]: it seems a little bit of goy go because there are purposes that you can drive for

277
00:20:03,920 –> 00:20:07,680
[Unknown]: household maintenance at work there can be purposes for obtaining alcohol

278
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[Unknown]: assessment and compliance of the alcohol assessment and and

279
00:20:12,080 –> 00:20:16,160
[Unknown]: it’s just a main page not even petition but the main page of privilege most

280
00:20:16,240 –> 00:20:20,480
[Unknown]: privileges are front and back heck that is even an issue in some jurisdictions they

281
00:20:20,380 –> 00:20:21,380
[Unknown]: don’t want two pages they want

282
00:20:22,800 –> 00:20:26,000
[Unknown]: and there are a bunch of different things to fill in and that’s really what you do

283
00:20:26,640 –> 00:20:30,960
[Unknown]: all day long is is go through that getting your address and your name and driver’s

284
00:20:30,960 –> 00:20:34,160
[Unknown]: license and all that all your demographic information has to be on there who you

285
00:20:34,240 –> 00:20:36,880
[Unknown]: are just like you at a driver’s license because there’s no picture so they gotta

286
00:20:36,880 –> 00:20:40,880
[Unknown]: make sure to you yeah and it’s funny so that’s a great point because i will ask

287
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[Unknown]: people

288
00:20:43,040 –> 00:20:46,240
[Unknown]: and i try to inject a little bit of humor but i ask how tall they are and how much

289
00:20:46,240 –> 00:20:48,560
[Unknown]: they wait and i said i’m not going to ask you out on the date im promise you

290
00:20:48,640 –> 00:20:52,560
[Unknown]: there’s a reason we’re asking so you say demographic information it’s it’s date of

291
00:20:52,500 –> 00:20:53,500
[Unknown]: birth full name

292
00:20:54,960 –> 00:20:59,040
[Unknown]: so we get your age your driver’s license number your age or your height and your

293
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[Unknown]: eye color

294
00:21:00,580 –> 00:21:01,580
[Unknown]: that yeah

295
00:21:02,400 –> 00:21:06,880
[Unknown]: yeah yeah and e and then and then we have to say we’re gonna need your social cause

296
00:21:06,960 –> 00:21:09,440
[Unknown]: we have to pull your driving record we need to know everything about you

297
00:21:09,600 –> 00:21:12,720
[Unknown]: unfortunately because the dmv is requiring this and the judge want to see it when

298
00:21:12,800 –> 00:21:17,600
[Unknown]: he signs it so and frankly that’s something i think now we’re talking i think of

299
00:21:17,680 –> 00:21:21,200
[Unknown]: all these other podcasts we can be doing but obtaining a copy of your abstract

300
00:21:21,360 –> 00:21:26,240
[Unknown]: online that’s db it asks for it and they charge what ten million dollars right and

301
00:21:26,320 –> 00:21:29,200
[Unknown]: so you can do that yourself but guess what they want to know they want to know your

302
00:21:29,280 –> 00:21:34,160
[Unknown]: name your driver’s life number and your social car number date birth so we keep

303
00:21:34,320 –> 00:21:37,280
[Unknown]: that information confidential we have a crm tool but we keep that information

304
00:21:37,680 –> 00:21:41,200
[Unknown]: confidential and i don’t mind the person pos it as long as it’s an official one

305
00:21:41,600 –> 00:21:45,680
[Unknown]: from nc department of transportation not one of these other companies out there

306
00:21:45,860 –> 00:21:46,860
[Unknown]: that i don’t think are reliable

307
00:21:48,560 –> 00:21:52,800
[Unknown]: let’s talk about some of the forms i know we’ve got one online if you google us

308
00:21:52,900 –> 00:21:53,900
[Unknown]: it’s on our

309
00:21:55,440 –> 00:21:58,720
[Unknown]: wow i don’t know which publication i think this is in our guide book that’s on the

310
00:21:58,720 –> 00:22:02,880
[Unknown]: website but there are a couple other places the dl one two three tell me a little

311
00:22:02,880 –> 00:22:06,080
[Unknown]: bit about that and how you go about getting that

312
00:22:07,440 –> 00:22:11,840
[Unknown]: it’s an insurance form don’t get to nitty gritty but so the do one two three is

313
00:22:11,920 –> 00:22:16,720
[Unknown]: just a form that your insurance company can usually it’s very simple to shoot over

314
00:22:17,120 –> 00:22:21,920
[Unknown]: um in an email sometimes if you have um uh an insurance company from that’s not

315
00:22:22,080 –> 00:22:24,640
[Unknown]: close to north carolina they’re not real sure you’re talking about it but we have a

316
00:22:24,640 –> 00:22:28,400
[Unknown]: sample form for that we give it to them so that they can supply that to them but

317
00:22:28,400 –> 00:22:31,280
[Unknown]: it’s just to prove that you paid your insurance in the last thirty days an

318
00:22:31,360 –> 00:22:34,480
[Unknown]: insurance card is good for three months or six months and they don’t know if you

319
00:22:34,560 –> 00:22:38,160
[Unknown]: paid your insurance premium that month so um that’s important you also have to get

320
00:22:38,320 –> 00:22:42,080
[Unknown]: those four tag renewals and different things at the dmv so it’s not an indicator to

321
00:22:42,080 –> 00:22:45,760
[Unknown]: the insurance which is usually something people ask me immediately isn’t it’s gonna

322
00:22:47,040 –> 00:22:51,360
[Unknown]: tip off my insurance that i’ve gotten this dwi i know it’s not so that’s

323
00:22:52,400 –> 00:22:56,160
[Unknown]: sometimes a bit of a conversation with the client when they first

324
00:22:57,280 –> 00:23:01,440
[Unknown]: start the and a carrier can find out about it but most of the time when we’re

325
00:23:01,520 –> 00:23:06,080
[Unknown]: getting it it’s just it is a proof of insurance form it is proof of financials poon

326
00:23:06,160 –> 00:23:10,320
[Unknown]: project i think the formal name and it has to be within thirty days if you have one

327
00:23:10,300 –> 00:23:11,300
[Unknown]: that’s thirty one days

328
00:23:11,860 –> 00:23:12,860
[Unknown]: one

329
00:23:13,600 –> 00:23:16,320
[Unknown]: and if you’re from south carolina they may use a

330
00:23:17,440 –> 00:23:21,760
[Unknown]: not licensed down there s r five five or something like that but they can any

331
00:23:21,920 –> 00:23:26,080
[Unknown]: insurance carrier can uh that information onto onto our sample do one two three and

332
00:23:26,080 –> 00:23:31,440
[Unknown]: it’s accepted by the judge right yeah i mean i mean it’s a it’s not in in fact i’ve

333
00:23:31,440 –> 00:23:34,240
[Unknown]: heard recently that like geco and some of the bigger companies there’s actually

334
00:23:34,400 –> 00:23:38,640
[Unknown]: like a place on your online policy where you can request it and they’ll send it

335
00:23:38,720 –> 00:23:44,160
[Unknown]: right over to you so it it’s becoming easier i think right you’ve worked for us for

336
00:23:44,240 –> 00:23:48,400
[Unknown]: a long time now that things are more automated and decentralized online you can get

337
00:23:48,480 –> 00:23:50,960
[Unknown]: it i encourage people to

338
00:23:52,640 –> 00:23:55,280
[Unknown]: you know understand that it’s different than a deck page like why can a dec

339
00:23:56,320 –> 00:24:00,240
[Unknown]: just send me my interest card doesn’t mean right and so what they want to show is

340
00:24:00,320 –> 00:24:03,440
[Unknown]: at the time you’re applying for le driving privilege at least within thirty days

341
00:24:03,600 –> 00:24:05,200
[Unknown]: you have had a policy in effect

342
00:24:07,120 –> 00:24:10,080
[Unknown]: and what’s the next thing that you so then the next thing you’re talking about is

343
00:24:10,080 –> 00:24:14,480
[Unknown]: the standard hour so they’ll need a work letter on letter head if they’re driving

344
00:24:14,960 –> 00:24:18,880
[Unknown]: um late at night super early in the morning or like if they work third shift or

345
00:24:18,500 –> 00:24:19,500
[Unknown]: something

346
00:24:20,260 –> 00:24:21,260
[Unknown]: uh

347
00:24:21,840 –> 00:24:26,880
[Unknown]: the standard hours have always been six a m to eight p m monday through friday on

348
00:24:26,960 –> 00:24:32,400
[Unknown]: there so there’s no weekend hours there’s no um night time driving and as long as

349
00:24:32,480 –> 00:24:35,520
[Unknown]: you are not going to work before six am you’re usually pretty good but there are a

350
00:24:35,600 –> 00:24:37,920
[Unknown]: lot of people who that doesn’t for them right

351
00:24:38,960 –> 00:24:44,080
[Unknown]: yeah i use i use i try to explain people take a deep as soon as they hear standard

352
00:24:44,080 –> 00:24:47,840
[Unknown]: hours like wait a minute i work i work at lands crackers south boulevard or i work

353
00:24:48,080 –> 00:24:53,280
[Unknown]: whatever there are all kinds of exception this y’all but there are ways within the

354
00:24:53,360 –> 00:24:58,640
[Unknown]: law and judges understand this db understands is with the proper documentation and

355
00:24:58,720 –> 00:25:00,960
[Unknown]: proof that you can be able to try

356
00:25:02,320 –> 00:25:07,360
[Unknown]: now you don’t want to be driving at two am home from a bar un limited driving

357
00:25:07,440 –> 00:25:11,040
[Unknown]: privilege when it’s supposed to be to get you back and forth to work or to get your

358
00:25:11,200 –> 00:25:17,040
[Unknown]: kids to school or even get the grocery store we even had judges accept church stuff

359
00:25:17,440 –> 00:25:20,720
[Unknown]: so that people that are like really deep into their faith and and sunday morning’s

360
00:25:20,720 –> 00:25:24,000
[Unknown]: a big deal to them they have hours on sunday morning to drive i mean there’s a lot

361
00:25:24,080 –> 00:25:27,040
[Unknown]: of understanding but we have to have everything all the ducks have to be in a root

362
00:25:27,040 –> 00:25:30,160
[Unknown]: for right and it gets complicated well what if i’m self employed well then then

363
00:25:32,000 –> 00:25:35,760
[Unknown]: or what if i work hourly i mean these are things you work with them on a daily

364
00:25:35,760 –> 00:25:39,920
[Unknown]: basis as long as we have a documentation and we submit to a court hey this person

365
00:25:40,080 –> 00:25:43,440
[Unknown]: is self employed this is their projected schedule there are ways that we’re able to

366
00:25:43,440 –> 00:25:45,440
[Unknown]: submit the proof so

367
00:25:46,880 –> 00:25:51,120
[Unknown]: it’s a specific law but i think the judges really understand that we’re trying to

368
00:25:50,820 –> 00:25:51,820
[Unknown]: get people

369
00:25:52,480 –> 00:25:56,000
[Unknown]: back and forth for household maintenance purposes and really a limited privilege is

370
00:25:56,080 –> 00:25:58,000
[Unknown]: not supposed to be a punishment

371
00:25:58,900 –> 00:25:59,900
[Unknown]: it’s supposed to be

372
00:26:00,880 –> 00:26:05,840
[Unknown]: basically a wake up call is my understanding of it so we also do something

373
00:26:06,880 –> 00:26:10,640
[Unknown]: with an a a day but we keep it in house but it basically where we

374
00:26:11,920 –> 00:26:17,200
[Unknown]: that your prior record is what you say it is and no one was killed in a wreck and

375
00:26:17,280 –> 00:26:21,040
[Unknown]: things like that partially that’s because some jurisdictions

376
00:26:22,800 –> 00:26:26,480
[Unknown]: look at the face of the document and then there are other jurisdictions where i

377
00:26:26,560 –> 00:26:28,400
[Unknown]: think a union county specifically where

378
00:26:29,760 –> 00:26:32,960
[Unknown]: sometimes we have to say listen we know it’s a hassle but you’re going to need to

379
00:26:32,960 –> 00:26:35,360
[Unknown]: come to the court the judge is going to want to ask you some questions you got to

380
00:26:35,440 –> 00:26:39,520
[Unknown]: put your left hand to by and raise your right hand and we want you to be prepared

381
00:26:39,680 –> 00:26:43,440
[Unknown]: for what those issues are and otherwise confirmed that there are other you’ not

382
00:26:43,440 –> 00:26:47,760
[Unknown]: revoked to another state and nothing like that confirming that everything that

383
00:26:47,760 –> 00:26:51,280
[Unknown]: you’ve told us and everything provided to us is exactly what it is and that there’s

384
00:26:50,820 –> 00:26:51,820
[Unknown]: nothing

385
00:26:52,480 –> 00:26:56,880
[Unknown]: you know that don’t know on there or that is incorrect on there and then we prep a

386
00:26:56,960 –> 00:27:00,640
[Unknown]: petition for a pre trial limit driving privilege and then the limit improvement

387
00:27:00,420 –> 00:27:01,420
[Unknown]: itself

388
00:27:02,000 –> 00:27:06,080
[Unknown]: just in case anyone wants to take a look at it one of the other things this is a

389
00:27:06,160 –> 00:27:11,200
[Unknown]: big ticket item that i try to explain phil this is not a punishment this is

390
00:27:11,520 –> 00:27:16,480
[Unknown]: required under the statute in order to obtain it but that is the is the alcohol

391
00:27:16,560 –> 00:27:22,320
[Unknown]: assessment and um the recommended treatment that you need to start and we know that

392
00:27:22,560 –> 00:27:26,080
[Unknown]: there are only you’ve only got ten days to get these things together and sometimes

393
00:27:26,320 –> 00:27:30,240
[Unknown]: we’re talking to you on day six so we know and we have recommendations for lots of

394
00:27:30,320 –> 00:27:34,240
[Unknown]: people around charlotte that that will get that started for you pretty quickly i

395
00:27:34,320 –> 00:27:38,480
[Unknown]: think especially especially since covid they’ve been letting them get those in

396
00:27:38,640 –> 00:27:43,040
[Unknown]: online and stuff which i don’t know how long that will last but it’s been actually

397
00:27:43,280 –> 00:27:46,320
[Unknown]: helpful for people because they can get that assessment in and i’ve seen more

398
00:27:46,480 –> 00:27:51,760
[Unknown]: people actually do and comply with their their treatment since that so um that is

399
00:27:51,920 –> 00:27:56,000
[Unknown]: where you will meet with somebody who’s license therapist is what they call them

400
00:27:56,960 –> 00:27:58,720
[Unknown]: they will assess your level of

401
00:28:00,320 –> 00:28:04,720
[Unknown]: for some group therapy sessions and that is important because you’ll need it again

402
00:28:04,880 –> 00:28:07,360
[Unknown]: at the end it’s a mitigating or a positive factor right

403
00:28:08,560 –> 00:28:11,360
[Unknown]: yeah and a couple things about this first we’re not saying that you have a problem

404
00:28:11,440 –> 00:28:16,160
[Unknown]: tracking mean it’s basically holding a mirror up secondly the people that give the

405
00:28:16,240 –> 00:28:18,720
[Unknown]: assessments not all of them offer

406
00:28:20,080 –> 00:28:22,880
[Unknown]: uh a therapy i think use a term or treatment

407
00:28:24,080 –> 00:28:28,240
[Unknown]: there is actually there are approved organizations by the state of north carolina

408
00:28:28,320 –> 00:28:33,920
[Unknown]: that can give they’re called license assessing agencies thereafter either they can

409
00:28:34,080 –> 00:28:38,240
[Unknown]: have people that help do the training alcohol awareness program one of the more

410
00:28:38,240 –> 00:28:42,320
[Unknown]: common ones called a deets which is called alcohol drug education traffic school

411
00:28:42,480 –> 00:28:46,800
[Unknown]: depending there are a bunch of different factors what you blue or what your blood

412
00:28:46,880 –> 00:28:48,240
[Unknown]: alcohol content was your bac

413
00:28:50,640 –> 00:28:54,560
[Unknown]: you know there’s an awareness programs twenty hours or forty hour programs or

414
00:28:54,620 –> 00:28:55,620
[Unknown]: outpatient in

415
00:28:56,560 –> 00:29:01,600
[Unknown]: sixteen right right right so here are the keys you need to know first it’s

416
00:29:01,680 –> 00:29:06,080
[Unknown]: confidential okay it’s these materials are protected we don’t even

417
00:29:08,000 –> 00:29:13,920
[Unknown]: really get the analysis of where they came from it’s relatively quick it’s not a

418
00:29:13,920 –> 00:29:16,400
[Unknown]: bank buster the companies charge a hundred dollars

419
00:29:17,760 –> 00:29:20,400
[Unknown]: most of them want a copy actually i think statute now

420
00:29:21,520 –> 00:29:24,800
[Unknown]: their endpin of the statute is they have to have a copy of your driving record

421
00:29:26,000 –> 00:29:29,440
[Unknown]: and if you give that to us or you get it before you can you know don’t have to pay

422
00:29:29,520 –> 00:29:30,880
[Unknown]: them the extra ten bucks to get it again

423
00:29:32,400 –> 00:29:35,200
[Unknown]: and covid actually this is one of the benefits

424
00:29:37,120 –> 00:29:40,160
[Unknown]: you can do them online now to get the assessment and

425
00:29:41,200 –> 00:29:45,440
[Unknown]: you are required in order to obtain a limited driving privilege to go ahead and

426
00:29:45,600 –> 00:29:50,000
[Unknown]: start what the recommendations are the second thing is is that the assessments only

427
00:29:50,160 –> 00:29:55,520
[Unknown]: last for six months so if you sit on it you don’t your treatment you’re going pay a

428
00:29:55,520 –> 00:29:57,200
[Unknown]: hundred bucks again have to go through it all again

429
00:29:58,560 –> 00:30:02,800
[Unknown]: and so there are some timing kind of things we encourage people to go ahead and get

430
00:30:02,880 –> 00:30:07,280
[Unknown]: it and can kill you it’s confidential no one’s gonna it’s not going to be a matter

431
00:30:07,600 –> 00:30:12,400
[Unknown]: public record for you obtaining this i personally think that the hipaa laws are

432
00:30:12,480 –> 00:30:16,880
[Unknown]: applicable as far as your individual nuances and your answers and i think the

433
00:30:16,960 –> 00:30:21,040
[Unknown]: legislature as i understand the law is encouraging people to hold a mirror up and

434
00:30:21,040 –> 00:30:24,080
[Unknown]: say hey where am i with you it’s not a hard time it’s good for you in the in the

435
00:30:24,160 –> 00:30:27,360
[Unknown]: end i mean it ultimately looks like you’re taking that that first step in that

436
00:30:26,940 –> 00:30:27,940
[Unknown]: ability to drive as you did before you got this dwi barring that you refused or

437
00:30:27,440 –> 00:30:30,960
[Unknown]: responsibility and i think that’s positive for anybody who does that right and

438
00:30:31,040 –> 00:30:35,600
[Unknown]: under the law if you were convicted it is a statutory mitigate factor that has to

439
00:30:35,680 –> 00:30:38,880
[Unknown]: be considered by the court the obtain the alcohol assessment and following through

440
00:30:39,120 –> 00:30:42,640
[Unknown]: the recommended treatment some people misunderstand thinking just the assessment

441
00:30:42,880 –> 00:30:46,640
[Unknown]: itself is enough actually you have to have a completion of that in order for it to

442
00:30:46,260 –> 00:30:47,260
[Unknown]: be

443
00:30:48,000 –> 00:30:52,640
[Unknown]: i’m in a game factor and that’s my my reading it along long anyway um

444
00:30:54,560 –> 00:30:57,440
[Unknown]: then there’s uh with the limited driving privilege once you get the assessment so

445
00:30:57,440 –> 00:31:01,360
[Unknown]: we got dl one two three you got the alcohol assessment and a documentation of an

446
00:31:01,360 –> 00:31:06,240
[Unknown]: agency melissa’s got i think they’re forty or something in charlotte’ yeah i think

447
00:31:06,240 –> 00:31:09,600
[Unknown]: we have a sheet right now with twenty just so as not to overwhelm and then we have

448
00:31:09,680 –> 00:31:12,160
[Unknown]: some outer county ones and then um you know we have

449
00:31:13,280 –> 00:31:17,360
[Unknown]: as you’ve stated earlier you’ve been doing this for thirty years so we have a few

450
00:31:17,520 –> 00:31:22,000
[Unknown]: that we communicate with pretty easily there’s a relationship there those places

451
00:31:22,080 –> 00:31:25,760
[Unknown]: tend to keep the same folks around and we tend to keep the same folks around so

452
00:31:25,500 –> 00:31:26,500
[Unknown]: it’s been

453
00:31:27,440 –> 00:31:31,520
[Unknown]: it’s not a hard process for us but it is hard for someone to understand so that’s

454
00:31:31,600 –> 00:31:36,480
[Unknown]: why we walk you through it and and then the next um thing we’re gonna need is and

455
00:31:36,640 –> 00:31:41,600
[Unknown]: sometimes we adv advances for the client but if they’ve already retained us it’s a

456
00:31:41,680 –> 00:31:45,200
[Unknown]: filing fee of a hundred dollars and that’s required um to be paid to the clerk of

457
00:31:45,280 –> 00:31:47,120
[Unknown]: court when the attorney files that for you

458
00:31:48,960 –> 00:31:54,320
[Unknown]: a couple things about that we do we do cover it’s quicker for us to do it that way

459
00:31:54,960 –> 00:31:58,720
[Unknown]: and then obviously had to be properly retained we’re not chicken and willing nelly

460
00:31:58,720 –> 00:32:02,000
[Unknown]: do it we do it as we do it as a courtesy as part of the representation and our

461
00:32:02,080 –> 00:32:04,160
[Unknown]: underlying charge we don’t charge extra for that

462
00:32:05,200 –> 00:32:09,840
[Unknown]: and it’s just quicker for us to go pay the company a credit card and say hey

463
00:32:09,920 –> 00:32:14,480
[Unknown]: reimburse us once you become eligible get your regular driver’s license back they

464
00:32:14,560 –> 00:32:19,440
[Unknown]: call that a civil restoration civil yeah restoration of the civil

465
00:32:22,000 –> 00:32:25,200
[Unknown]: there’s another one hundred buck fee and so some people want to wait they don’t

466
00:32:25,200 –> 00:32:26,560
[Unknown]: want to get the assessment which is one hundred bucks

467
00:32:28,080 –> 00:32:32,480
[Unknown]: the driving record which is ten and then a filing fee for your pret and driving

468
00:32:32,480 –> 00:32:36,560
[Unknown]: priv so you are two hundred ten in the hole and some people wait get day thirty

469
00:32:36,720 –> 00:32:41,040
[Unknown]: right you paid hundred bucks at the g again which we will advance it’s just frankly

470
00:32:41,120 –> 00:32:45,280
[Unknown]: quicker uh for us and we kind of take the perspective if you’re trusting us to

471
00:32:45,280 –> 00:32:47,600
[Unknown]: represent of the e you will reimburse us for expenses

472
00:32:49,040 –> 00:32:52,640
[Unknown]: occasionally we get burned on that but not not terribly much so

473
00:32:54,720 –> 00:32:56,720
[Unknown]: and it has changed a lot since

474
00:32:58,080 –> 00:33:01,120
[Unknown]: like i said ninety ninety i don’t know if i had my full thirty years at the time of

475
00:33:01,100 –> 00:33:02,100
[Unknown]: recording but

476
00:33:03,680 –> 00:33:07,840
[Unknown]: it’s been a long time and this is this is developed and change i mean we the law

477
00:33:08,080 –> 00:33:13,440
[Unknown]: regarding ignition in her lock uh just has changed in december was that be december

478
00:33:13,520 –> 00:33:16,400
[Unknown]: first and there’s some new parts of it going in effect in june of this year twenty

479
00:33:16,640 –> 00:33:22,480
[Unknown]: twenty two here are the big picture items one give us a call okay and we’ll walk

480
00:33:22,640 –> 00:33:26,720
[Unknown]: you through it as we said from the beginning it’s complicated we’ll explain it to

481
00:33:26,800 –> 00:33:30,320
[Unknown]: you you really don’t need to know where to put the information

482
00:33:31,440 –> 00:33:35,440
[Unknown]: we will handle that before you what you need to do is we have checklist

483
00:33:36,480 –> 00:33:40,880
[Unknown]: i think you email them a series of documents and then you follow up with them the

484
00:33:40,960 –> 00:33:45,520
[Unknown]: things that bother me as an attorney and i think bother you as the awesomeness of

485
00:33:45,600 –> 00:33:50,800
[Unknown]: awesome legal citizens is way until last minute um it’s less of a problem now

486
00:33:50,960 –> 00:33:54,640
[Unknown]: getting an alcohol assessment and if you live in salisbury it doesn’t really matter

487
00:33:54,720 –> 00:33:57,120
[Unknown]: if you go to absolute ac and they in concord

488
00:33:58,580 –> 00:33:59,580
[Unknown]: and charlotte you’re not

489
00:34:01,600 –> 00:34:04,800
[Unknown]: right but we do keep up with and we’re we’re regularly travel around

490
00:34:05,840 –> 00:34:08,240
[Unknown]: rowan ardal lincoln

491
00:34:09,840 –> 00:34:17,120
[Unknown]: gaston union mac stanley i can’t think of occa i would a couple couple answers yeah

492
00:34:17,520 –> 00:34:21,200
[Unknown]: so basically charlotte’s the whole of the doughnut we go around we don’t go to

493
00:34:21,280 –> 00:34:22,960
[Unknown]: really cabs at all but

494
00:34:24,480 –> 00:34:28,080
[Unknown]: how each jurisdiction likes to do things and they’re filing the different things

495
00:34:28,740 –> 00:34:29,740
[Unknown]: while there’s one law

496
00:34:30,880 –> 00:34:35,200
[Unknown]: sometimes people view it a little bit differently but we’re ra doing that and we’ll

497
00:34:35,200 –> 00:34:38,880
[Unknown]: get you through it okay again you have to be eligible it has you have to have

498
00:34:38,960 –> 00:34:42,480
[Unknown]: documentation there ain’t no wink wink no no going on you got to have your act

499
00:34:42,640 –> 00:34:46,080
[Unknown]: together but this is what you do and you’re good at it and um frankly you’re better

500
00:34:46,240 –> 00:34:47,280
[Unknown]: than me it because i

501
00:34:49,280 –> 00:34:52,720
[Unknown]: you do it every day we review the things and make sure they’re legally appropriate

502
00:34:52,800 –> 00:34:57,120
[Unknown]: before submit to the court but getting it together is is a huge amount of world

503
00:34:57,680 –> 00:35:02,960
[Unknown]: okay so let’s talk about how things actually work you and i you and i mentioned

504
00:35:03,040 –> 00:35:06,960
[Unknown]: that each jurisdiction kind of has their own little preferences and protocols

505
00:35:07,280 –> 00:35:10,880
[Unknown]: nuances right so these are melissa’s top seven

506
00:35:11,920 –> 00:35:16,160
[Unknown]: let’s talk about some real world tips meaning yeah bill i know how you say the law

507
00:35:16,400 –> 00:35:20,720
[Unknown]: says it works but let me tell you reality of how things actually work and again

508
00:35:20,800 –> 00:35:24,560
[Unknown]: within the bounds of law we’re following the law but let’s talk about some you know

509
00:35:24,720 –> 00:35:29,920
[Unknown]: misconceptions maybe that people have number one this is you you think you can do

510
00:35:30,080 –> 00:35:36,400
[Unknown]: this yourself but it’s near impossible right so you can always represent yourself

511
00:35:36,560 –> 00:35:39,440
[Unknown]: in court especially with criminal court matters

512
00:35:40,560 –> 00:35:44,880
[Unknown]: you can give yourself a haircut no law says you have to go to dentist to have and

513
00:35:44,960 –> 00:35:51,200
[Unknown]: pull a bad tooth and i’m not saying that getting limited privilege is exactly the

514
00:35:51,280 –> 00:35:54,800
[Unknown]: same as giving yourself a haircut and the tooth and but the point is

515
00:35:56,560 –> 00:36:01,360
[Unknown]: it it could be right well especially if you do it wrong

516
00:36:02,720 –> 00:36:06,880
[Unknown]: let’s talk about number two that’s related to that so our attorneys have actually

517
00:36:07,120 –> 00:36:12,240
[Unknown]: waited hours in front of a judge to get one privilege for one client sign right and

518
00:36:12,640 –> 00:36:20,080
[Unknown]: and i you know we do this as attorneys i honestly don’t know if you’re pros ah for

519
00:36:20,320 –> 00:36:24,160
[Unknown]: yourself and as a lawyer i don’t know how you get in front of a judge i don’t know

520
00:36:24,720 –> 00:36:27,840
[Unknown]: because i’m thinking of you two sitting there for hours with your badge on with

521
00:36:27,920 –> 00:36:31,840
[Unknown]: your face on it they know you’re there they know you’re an attorney and they’re

522
00:36:31,920 –> 00:36:35,920
[Unknown]: like you’ll wait i mean it’s not they have a whole docket and you are not going to

523
00:36:35,920 –> 00:36:39,360
[Unknown]: be the first thing on the list for sure my guess is you probably submit it with the

524
00:36:39,360 –> 00:36:43,040
[Unknown]: clerk at the judge’s chambers but again which is a time sensitive problem then

525
00:36:43,520 –> 00:36:47,680
[Unknown]: because you only have twenty days of even using it so yeah it it would just it just

526
00:36:47,760 –> 00:36:50,560
[Unknown]: makes for a bear i think right and what if they have questions

527
00:36:51,600 –> 00:36:55,440
[Unknown]: what if you have a judge like in union county that wants to put you on oath and

528
00:36:55,520 –> 00:36:59,920
[Unknown]: then today tell to get the clerk of court to doing that i don’t know i’m just

529
00:37:00,000 –> 00:37:02,880
[Unknown]: saying that even for us and we’re in court every day we sit

530
00:37:04,000 –> 00:37:07,120
[Unknown]: there are times where we try to explain to clients we’re waiting for an order to be

531
00:37:07,200 –> 00:37:11,440
[Unknown]: signed we submitted it there’s in charlotte you go up to the ninth floor we do for

532
00:37:11,600 –> 00:37:15,760
[Unknown]: civil wars we will submit a certain order a criminal order will sit and submit and

533
00:37:15,840 –> 00:37:19,840
[Unknown]: wait for and check the box every day so um it you can do it yourself under law

534
00:37:21,040 –> 00:37:25,600
[Unknown]: but i don’t think necessarily it’s easy and we did some during covid when the

535
00:37:25,600 –> 00:37:28,720
[Unknown]: courtrooms were closed down and we would have to take them up there right drop them

536
00:37:28,800 –> 00:37:32,720
[Unknown]: off at chambers and wait you wait your turn and some sometimes it was a long time

537
00:37:32,800 –> 00:37:36,640
[Unknown]: and people were you know people were you know a little miffed that it took that

538
00:37:36,640 –> 00:37:40,960
[Unknown]: long but these churches are are especially in new york county they’re super busy i

539
00:37:41,040 –> 00:37:45,280
[Unknown]: mean right right not discouraging anybody just the fact of the matter is is that

540
00:37:45,360 –> 00:37:50,800
[Unknown]: covid has changed everything yes okay so number four on awesome melissa’s

541
00:37:52,800 –> 00:37:58,400
[Unknown]: real world tips how things actually work some places namely union county that we

542
00:37:58,400 –> 00:38:01,760
[Unknown]: can could think of at the moment require a client to swear in in front of a judge

543
00:38:02,320 –> 00:38:06,640
[Unknown]: um you’re it’s essentially like being on the stand and you’re at testing that that

544
00:38:06,800 –> 00:38:11,200
[Unknown]: the materials are accurate so that’s a big deal i’ve seen it done up at ede

545
00:38:12,260 –> 00:38:13,260
[Unknown]: i have

546
00:38:15,760 –> 00:38:20,400
[Unknown]: i i i mean i can think of it one or two times in different jurisdictions lincoln

547
00:38:21,360 –> 00:38:26,800
[Unknown]: there could be questions i tend to try to explain things when i’m having a document

548
00:38:26,880 –> 00:38:31,120
[Unknown]: up to the court i’ll say this pre dr limit driving privilege as you’ll note from

549
00:38:31,200 –> 00:38:35,760
[Unknown]: the record and x y and z shows this we’ve also attached a deal one hundred twenty

550
00:38:36,000 –> 00:38:40,000
[Unknown]: three we’ve also attached an alcohol assessment and a letter from the agency that

551
00:38:40,160 –> 00:38:45,120
[Unknown]: shows compliance with it and if you note i tend to note if they’re non standard

552
00:38:45,280 –> 00:38:49,680
[Unknown]: hours so they’re aware of it and then i’ll explain where again an assessment

553
00:38:50,880 –> 00:38:54,080
[Unknown]: and you know some judges want to know that level and we’ll go through it with them

554
00:38:54,160 –> 00:38:57,520
[Unknown]: i tend to give a big picture question say if any other questions you take a look at

555
00:38:57,520 –> 00:39:01,920
[Unknown]: it from it but it’s not just a matter of joining on the spot it’s not because

556
00:39:01,920 –> 00:39:04,080
[Unknown]: they’re going to look at that work letter and they’re going to go to the back and

557
00:39:04,080 –> 00:39:07,680
[Unknown]: then adjust that they make the adjustment on the hours that’s not our call that is

558
00:39:07,760 –> 00:39:14,160
[Unknown]: the judges call so right so the real world how things actually work number five to

559
00:39:14,240 –> 00:39:18,640
[Unknown]: five some privileges require you to print them um um some of the places that we

560
00:39:18,720 –> 00:39:22,320
[Unknown]: take these privileges are required to be printed on front and back i can

561
00:39:23,440 –> 00:39:29,040
[Unknown]: i have taken a privilege driven it all the way i think i want to say salisbury but

562
00:39:29,120 –> 00:39:33,120
[Unknown]: i just can’t remember where i was going and they said you’re you’re gonna bring

563
00:39:33,200 –> 00:39:36,400
[Unknown]: this back they’re gonna want it on front and back and i drove all the way back to

564
00:39:36,480 –> 00:39:40,480
[Unknown]: charlotte right and we had to redo it and they want it printed a certain way that’s

565
00:39:40,560 –> 00:39:44,480
[Unknown]: the way they do it there in that courthouse every courthouse is not the same so the

566
00:39:44,480 –> 00:39:47,520
[Unknown]: safer practice is put on front of me and here all the time and before you get

567
00:39:47,600 –> 00:39:50,160
[Unknown]: phoney go well why don’t you just make a copy of it and right now they want

568
00:39:50,400 –> 00:39:54,400
[Unknown]: original signatures so yeah and they’re not gonna they’re not going to copy it

569
00:39:54,480 –> 00:39:57,280
[Unknown]: there right in front of them they’re absolutely not going to do that so yeah it had

570
00:39:57,840 –> 00:40:02,160
[Unknown]: we had to redo it and we did redo it and that’s on us we i mean that’s that’s what

571
00:40:02,160 –> 00:40:06,240
[Unknown]: we do we have copy keys y’all but it’s just easier to do it on the front and back

572
00:40:06,320 –> 00:40:10,480
[Unknown]: have the original signatures i mean we’re pretty accommodating we’ll get you

573
00:40:10,560 –> 00:40:13,360
[Unknown]: whatever you need anyway you need it to fill it out but you know at the end of the

574
00:40:13,360 –> 00:40:18,400
[Unknown]: day it’s got to be the way that they want it so you know that’s how that works in

575
00:40:18,180 –> 00:40:19,180
[Unknown]: the real

576
00:40:20,000 –> 00:40:26,640
[Unknown]: court world okay so tip number six of how things actually work on melissa’s awesome

577
00:40:26,720 –> 00:40:32,720
[Unknown]: legal system rules number six that um these are always in the discretion of the

578
00:40:32,800 –> 00:40:36,560
[Unknown]: judge no matter what we’re giving them it’s up to them if they’re going to sign it

579
00:40:36,640 –> 00:40:42,240
[Unknown]: and i’m sure you’ve had some that that went unsigned yes and that’s one of those

580
00:40:42,240 –> 00:40:47,360
[Unknown]: ones where it’s always indiscretion of judge until it ain’t meaning if d m v says

581
00:40:47,440 –> 00:40:50,480
[Unknown]: you weren’t eligible and you should not have signed this privilege they write a

582
00:40:50,480 –> 00:40:53,360
[Unknown]: letter back to the judge i think the attorney general’s office because that’s who

583
00:40:53,440 –> 00:40:57,360
[Unknown]: represents deb actually sends a letter back not positive about that but they can

584
00:40:57,440 –> 00:41:01,280
[Unknown]: say not eligible we’re not recognized in a privilege and here here you go here is

585
00:41:01,280 –> 00:41:05,200
[Unknown]: the that brings us to number seven that the dv can reject anything that the if the

586
00:41:05,200 –> 00:41:09,520
[Unknown]: judge passed it through his hands the dmv can still reject it and not that that

587
00:41:10,000 –> 00:41:13,280
[Unknown]: makes people crazy what what are you saying the dean v has authority over the

588
00:41:13,280 –> 00:41:16,720
[Unknown]: judges and i said no that i’m saying they’re two different entities right right so

589
00:41:16,880 –> 00:41:19,120
[Unknown]: the prime example of this is let’s say

590
00:41:20,160 –> 00:41:23,600
[Unknown]: you got to live in a driving privilege and then there was some other basis for

591
00:41:23,680 –> 00:41:25,200
[Unknown]: revocation or suspension this is why

592
00:41:26,320 –> 00:41:28,960
[Unknown]: somew right this is why we do a davids and

593
00:41:30,080 –> 00:41:35,120
[Unknown]: people say well i got i got the driver’s license i gave you another example um i

594
00:41:35,120 –> 00:41:39,120
[Unknown]: had a duplicate plastic license in my driver’s license so i got a license i can

595
00:41:39,200 –> 00:41:43,760
[Unknown]: drive i’m like that license ain’t worth the plastic print it on what matters is

596
00:41:43,840 –> 00:41:45,840
[Unknown]: what’s on a database up there in raleigh

597
00:41:47,440 –> 00:41:51,760
[Unknown]: and so you may have a plastic license in your possession it doesn’t mean it’s valid

598
00:41:51,620 –> 00:41:52,620
[Unknown]: in fact

599
00:41:53,920 –> 00:41:58,720
[Unknown]: if you are subject to a civil revocation for being charged and you don’t turn in

600
00:41:58,800 –> 00:42:02,320
[Unknown]: your license properly then we had this happen in irondale one time where we the

601
00:42:02,400 –> 00:42:07,440
[Unknown]: client actually went to dmv told him i had an address change by the way just don’t

602
00:42:07,440 –> 00:42:10,480
[Unknown]: go in and get a duplicate boy that’s why we need to talk about that it’s another

603
00:42:10,640 –> 00:42:13,920
[Unknown]: one don’t go online i think you can full dmv when you get a silver rep could

604
00:42:14,240 –> 00:42:15,920
[Unknown]: duplicate because bad things happen

605
00:42:16,580 –> 00:42:17,580
[Unknown]: but

606
00:42:18,720 –> 00:42:22,320
[Unknown]: uh they did not turn in their plastic license in time they never got the letter and

607
00:42:22,320 –> 00:42:26,240
[Unknown]: they got an additional i think it was forty five days per a statute and we’re like

608
00:42:26,100 –> 00:42:27,100
[Unknown]: oh so

609
00:42:28,560 –> 00:42:34,080
[Unknown]: the you’re not going to trick them these things are are on computers and i think it

610
00:42:34,240 –> 00:42:36,160
[Unknown]: helps to have a lawyer answer some questions

611
00:42:39,120 –> 00:42:40,480
[Unknown]: okay so um

612
00:42:41,680 –> 00:42:45,440
[Unknown]: you know in closing can i handle dwi charges by myself yes

613
00:42:46,780 –> 00:42:47,780
[Unknown]: um i

614
00:42:48,640 –> 00:42:51,600
[Unknown]: been doing this a lot of years i don’t know if i’d recommend it i mean you you’re

615
00:42:51,600 –> 00:42:54,400
[Unknown]: in the business unless you’re not an attorney but and you’ve worked for other

616
00:42:54,640 –> 00:42:56,720
[Unknown]: lawyers so yeah i didn’t handle

617
00:42:57,840 –> 00:43:02,880
[Unknown]: i i wouldn’t handle the speed tick by myself but ah no i it’s just not recommended

618
00:43:03,280 –> 00:43:07,520
[Unknown]: right and i i know what you’re saying with spenser part of your job on a daily

619
00:43:07,600 –> 00:43:10,400
[Unknown]: basis is trying to fix or correct

620
00:43:11,920 –> 00:43:15,360
[Unknown]: that that that when things are not handled correctly in the first place like

621
00:43:15,440 –> 00:43:19,600
[Unknown]: someone goes in and just i didn’t know it was a big deal i pleaded uh pleaded it to

622
00:43:19,600 –> 00:43:23,360
[Unknown]: a hundred and five and a fifty five in york county and the officer over there in

623
00:43:23,440 –> 00:43:27,680
[Unknown]: tennessee told me i just pay it when no big deal right except he doesn’t know north

624
00:43:27,840 –> 00:43:29,440
[Unknown]: carolina right it is a deal

625
00:43:30,800 –> 00:43:32,400
[Unknown]: and so without an understanding law

626
00:43:33,600 –> 00:43:37,920
[Unknown]: you could make things worse there are some types of cases in north carolina that

627
00:43:38,000 –> 00:43:42,480
[Unknown]: you may qualify for an appointment of counsel a public defender for a lack of

628
00:43:42,560 –> 00:43:47,120
[Unknown]: better term you have to fill on f dave anderson’s ing after otherwise qualified

629
00:43:47,280 –> 00:43:49,680
[Unknown]: there are supposed to be a consideration of whether you could actually get jail

630
00:43:49,840 –> 00:43:54,000
[Unknown]: time based on your prior record so sometimes people assume everyone gets a free

631
00:43:54,160 –> 00:43:57,600
[Unknown]: lawyer or and they’re not well that’s a good point they say that’s not they’re not

632
00:43:57,600 –> 00:44:02,160
[Unknown]: really a free lawyer unless you win your case you can be assigned a fee of bringing

633
00:44:02,320 –> 00:44:07,520
[Unknown]: reimbursed the state for legal fees but we give a free consultation most d w lewis

634
00:44:07,600 –> 00:44:12,160
[Unknown]: and charlotte will give a free consult where we explained some big picture items we

635
00:44:12,320 –> 00:44:16,240
[Unknown]: explained how the process works in my mind it’s different in legal advice because

636
00:44:16,320 –> 00:44:18,320
[Unknown]: legal advice thinks you can rely upon the law

637
00:44:19,760 –> 00:44:24,320
[Unknown]: necessitate a deeper dive getting documentation but we don’t mind calling up and if

638
00:44:24,320 –> 00:44:26,320
[Unknown]: you call us up and ask us quote some questions

639
00:44:27,680 –> 00:44:32,160
[Unknown]: and a limit approach can help reduce some of the consequences if you are convicted

640
00:44:32,320 –> 00:44:35,760
[Unknown]: now this is different remember we’ve been talking to you and i’ve been talking a

641
00:44:35,760 –> 00:44:38,640
[Unknown]: lot about a pre chil limited driving privilege but there’s something called a post

642
00:44:38,720 –> 00:44:42,480
[Unknown]: conviction limited driving privilege and boy it gets real complicated when you

643
00:44:42,480 –> 00:44:45,760
[Unknown]: start talking about willful refusal limited driving privileges and ignition

644
00:44:45,760 –> 00:44:49,360
[Unknown]: interlock and things like that so if you have questions we think it’s a good idea

645
00:44:49,440 –> 00:44:54,960
[Unknown]: to talk to an attorney melissa what again kind of closing thoughts were what i mean

646
00:44:54,960 –> 00:44:58,640
[Unknown]: you’ve been how many years you worked for us now fifteen you been on for fifteen

647
00:44:58,640 –> 00:45:00,240
[Unknown]: years wow and then you worked

648
00:45:01,440 –> 00:45:06,000
[Unknown]: had some kids and um went and worked for a property law firm things like that some

649
00:45:06,080 –> 00:45:10,160
[Unknown]: real estate firms a couple of things those it’s so much better here so it is what

650
00:45:10,240 –> 00:45:13,120
[Unknown]: have you learned in the internet time i mean in dealing with people i mean

651
00:45:15,440 –> 00:45:20,640
[Unknown]: that when they call here they’re scared and they are thinking this is definitely

652
00:45:21,120 –> 00:45:26,160
[Unknown]: the the end of their life and um at the end of the day this is probably the worst

653
00:45:26,240 –> 00:45:32,240
[Unknown]: spot they’ve been in in a long long time and and um to me my job your job chris our

654
00:45:32,400 –> 00:45:36,960
[Unknown]: job is to get them to the other side of that whatever that looks like if that’s if

655
00:45:37,040 –> 00:45:41,280
[Unknown]: they need help then we’re always the first ones to push him in that direction if

656
00:45:41,440 –> 00:45:45,040
[Unknown]: this is just a fluke and something happened we’re we’re gonna help you pick up

657
00:45:45,120 –> 00:45:48,720
[Unknown]: those pieces too but you got to trust us and uh you got to know we do it every

658
00:45:49,200 –> 00:45:55,920
[Unknown]: every day we and and we we do at least try to we’re always going to be honest with

659
00:45:56,000 –> 00:46:00,240
[Unknown]: you about what which way we think we think are going to go we don’t promise results

660
00:46:00,240 –> 00:46:03,600
[Unknown]: we don’t guarantee results i tell people all the time if you say that i’m gonna say

661
00:46:03,680 –> 00:46:05,680
[Unknown]: it’s just not accurate and you misunderstood

662
00:46:07,120 –> 00:46:11,760
[Unknown]: we are weather people we predict the weather based on the indicators we don’t make

663
00:46:11,920 –> 00:46:15,200
[Unknown]: the weather we’re not the decider we don’t wear the black robe and we’re not the

664
00:46:15,280 –> 00:46:19,600
[Unknown]: prosecutors who get to decide whether to go forward with things or not but we do

665
00:46:20,240 –> 00:46:26,000
[Unknown]: talk with them and we do try to personalize the client the longer i’ve been this i

666
00:46:26,160 –> 00:46:28,320
[Unknown]: think the more i realize the importance of

667
00:46:29,540 –> 00:46:30,540
[Unknown]: treating people

668
00:46:31,760 –> 00:46:35,760
[Unknown]: with courtesy and respect not that we didn’t do before but just treating them

669
00:46:36,400 –> 00:46:41,040
[Unknown]: understanding that it’s a scary type of system and and what do you want to call it

670
00:46:41,120 –> 00:46:45,360
[Unknown]: hand holding or that level of attention personalizing that’s half the battle and

671
00:46:45,440 –> 00:46:48,480
[Unknown]: that’s something that i want to complement you we didn’t plan talking about this

672
00:46:48,560 –> 00:46:52,400
[Unknown]: but that’s something you’re really really good with clients we regularly y’all

673
00:46:52,800 –> 00:46:55,920
[Unknown]: people will email me and say you know liss was really really good really patient

674
00:46:56,160 –> 00:46:59,920
[Unknown]: with me or i know it was a bit of a a bug around this day and she when she was

675
00:47:00,000 –> 00:47:04,720
[Unknown]: patient we get it we don’t always see people at their best day so if you have

676
00:47:04,800 –> 00:47:08,240
[Unknown]: questions about your limited driving privilege if you wanna know am i well eligible

677
00:47:08,320 –> 00:47:12,000
[Unknown]: for a hardship license or a paper license or whatever you want to call it or if

678
00:47:12,000 –> 00:47:17,120
[Unknown]: you’ve got arrested or excited for dui or dw or drunk drive in north carolina

679
00:47:17,600 –> 00:47:22,000
[Unknown]: please give us a call telephone number is seven oh four three four two help that’s

680
00:47:22,080 –> 00:47:27,360
[Unknown]: seven oh four three four two four three five seven you can email us at info at

681
00:47:27,760 –> 00:47:33,200
[Unknown]: carolina attorneys dot com that’s info at carolina attorneys dot com and our web

682
00:47:33,280 –> 00:47:37,760
[Unknown]: page for these type of offenses when there’s a lot of different information there’s

683
00:47:37,920 –> 00:47:41,840
[Unknown]: the dwa quick reference guide there’s a guidebook to navigate the legal system in

684
00:47:41,920 –> 00:47:46,560
[Unknown]: different jurisdictions we have one it’s about to go online for each one in a gs we

685
00:47:46,640 –> 00:47:49,840
[Unknown]: mentioned sample del one hundred twenty three videos about how these things work

686
00:47:50,400 –> 00:47:54,480
[Unknown]: goo carolina attorneys com and then give us a call we’re more willing to help so

687
00:47:54,560 –> 00:47:58,160
[Unknown]: thank you melissa it’s been a pleasure yes sir ive got bad news for you we’re going

688
00:47:58,320 –> 00:48:02,480
[Unknown]: to have more things to talk about that’s what a good podcast does is i’ve already

689
00:48:02,560 –> 00:48:06,720
[Unknown]: written down some notes of the next five or six different things so thank you so

690
00:48:06,800 –> 00:48:09,200
[Unknown]: much and thank you all for listening to law talk

 

Helpful Information About Criminal Charges

• South Carolina Code § 16-13-110: Shoplifting