NC Motor Vehicle Law

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sfjohnson1010
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80400
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NC Motor Vehicle Law
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2011-04-18 18:30:09
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NC Motor Vehicle Law
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NC Motor Vehicle Law
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  1. Level 1 Learners Permit qualifications
    • 1. Between 15 and 18
    • 2. Pass Drivers ed
    • 3. Pass written Test admin. by DMV
    • 4. Have driving eligibility certificate or High school diploma
  2. Level 1 Learners Permit Restrictions
    • 1. Supervising Driver sitting beside permit holder
    • 2. No other person in front seat
    • 3. can only drive between 5a-9p for 1st 6 months (anytime after)
    • 4. may not use mobile telephone or any other tech.
  3. Provisional Licensee under 20-11
    Learners permit, limited provisional, full Provisional
  4. Limited Provisional License requirements
    • 1. Had learners permit for 12 months (>=16)
    • 2. Pass road test
    • 3. Driving eligibility certificate
    • 4. cannot have been convicted of a motor vehicle moving, seatbelt or mobile phone violation during preceeding 6 monts
  5. Limited Provisional License Restrictions
    • 1. Can only drive from 5a-9p (can drive to and from work)
    • 2. Can't have more than 1 person under 21 when not accompanied by supervising driver (family excepted)
    • 3. Cannot use mobile phone
    • 4. outside hours is NOL, others are minor infractions
  6. Full Provisional License Requirements
    • 1. Atleast 16
    • 2. Had limited provisional for 6 months
    • 3. Drivers eligibility certifcate
    • 4. Cannot have been conviceted of moving violation, seatbelt, or mobile phone violation within preceeding 6 months
  7. When can you suspend Provisional License
    • 1. upon receipt of notice of motor vehicle violation (not 1st)
    • 2. 2nd violation within 12 months is 30 day suspension
    • 3. 3rd is 90 days
    • 4. 4th is 6 months
    • dont plea to moving violation
  8. Motion for Appropriate Relief
    Can use when client went to court without counsel and it hurt them more than it helped them
  9. When can DMV suspend regular license
    • 1. 12or more points within a 3 yr period
    • 2. impaired supervision
    • 3. Illigal transport of alcoholic beverages
    • 4. if convicted of offense in another state that is grounds in NC for suspension
    • 5. convicted of displaying someone elses license as his own
    • 6. 2 or more convictions of speeding in excess of 80
    • 7. 1 or more reckless driving and speeding in excess of 55 but less than 80
    • 8. Speeding in excess of 75 when limit is < 70
    • 9. Over 80 in a 70
  10. When can you get a limited driving privilige for suspended license
    • 1. 2 or more over 80
    • 2. over 75 in a <70
    • 3. over 80 in a 70
    • Must have no other moving violation in preceding 12 months, proof of insurance and restrictions can be imposed by court
  11. Mandatory License Suspensions (20-16.1)
    • 1. more than 15 over and over 55 (30 day)
    • 2. Driving over 80 (30 Day)
  12. Mandatory suspensions 20-17
    • 1. Manslaughter or negligent homicide from operation
    • 2. DWI
    • 3. Any felony in the commision of which a car used
    • 4. Failure to stop and render aid
    • 5. 2 convictions of reckless driving inside 12 months
    • 6. 2 cnvctns of aggresive driving inside 12 months
    • 7. a reckless and aggressive inside 12 months
    • 8. Other alcohol violations??
  13. Other times you can lose license outside of motor vehicle infractions
    • 1. Failure to pay childe support
    • 2. failure to report to community service
    • 3. canceled license was issued due to fraud
  14. Driving while license revoked
    Any person driving upon the highways of the state while their license was revoked (must prove driving on highway)
  15. Suspensions for Driving while license revoked
    1st is 1 year, 2nd is 2 and 3rd is permanent (but eligible for hearing after 3 yrs)
  16. Driving while impaired
    Driving any vehicle upon any highway, street or public vehicular area while under the influence of an imparing substance or after consuming sufficient alcohol to have concentration of .08 or more, or any amount of schedule I controlled substance
  17. Pleading for DWI
    Pleading is sufficient if it states the time and place of the offense in the usual form and charges that the defendant drove the vehicle on a highway or public vehicular area while subject to an impairing substance
  18. Reasonable suspicion for stop
    Must be based on specific and articulable facts as viewed of a reasonable and cautious officer
  19. Habitual impaired driving
    if at the time of offense you have been convicted of 3 impaired drivings in last 10 years. Class F felony, Minimum 12 months in prison
  20. Level 1 DWI
    2 or more grossly aggravating factors
  21. Grossly aggravating factors
    • 1. prior conviction of DWI in last 7 years
    • 2. License revoked at time of DWI for impared driving revokation (including refusal of breath test)
    • 3. Serious injury to another caused by impared driving of this offense
    • 4. child under 16 in vehicle at time of event
  22. Punishment for Level 1 DWI
    Max of 2 yrs in prison, Min of 30 Days in local Jail ?????????????
  23. Level 2 DWI
    presence of 1 grossly aggravating factor
  24. Level 2 punsishment
    • 1 year max, 7 days min
    • Probation (can do unsupervised)
    • May do treatement instead of jail, but must be an inpatient program
  25. Aggravating factors
    • 1. Gross Impairment of .15 or +
    • 2. especially reckless or dangerous driving
    • 3. Negligent driving that led to a reportable accident
    • 4. driving while license revoked
    • 5. 2 or more prior convictions of motor vehicle offense with more than 3 points assigned within 5 years
    • 6. one or more prior convictions involving impaired driving more than 7 years before this offense
    • 7. convictions of speeding while fleeing or attempting to elude apprehension
    • 8. convicted of speeding by at least 30 over
    • 9. Passing stopped school bus
    • 10. driving while impaired conviction outside 7 yrs
    • 11. any other factor that aggravated the seriousness of the offense
  26. Mitigating factors
    • 1. Slight impairement, solely from Alcohol not over .09
    • 2. slight impairement with no chemical analysis
    • 3. driving at the time of the offense that was safe and lawful excepting impairment
    • 4. safe driving record, no conviction for 4 points within 5 yrs
    • 5. impairment caused by lawful prescribed drug for existing medical condition, the amount was within prescribed dose
    • 6. voluntary submission to mental health facility for assessment after being charged
    • 7. assessment, compliance, w/ recommended and maintaining of 60 continuous abstinence as proven by DOC devise
    • 8. any other factors that mitigate the seriousness of the offense
  27. Level 3 DWI
    Aggravating factors substantially outweigh mitigating factors
  28. Punishment for level 3 DWI
    6 months max, 72 hours of community service or Jail
  29. Level 4 DWI
    no aggravating or mitigating factors, or they are substantially counterbalanced
  30. Punishment for Level 4 DWI
    120 days max, 48 hours in jail or community service
  31. Level 5 DWI
    mitigating factors substantially outweigh the agravating factors
  32. Punishment for level 5 DWI
    60 days max, or 24 hours in jail/community service
  33. You can get a driving privilege for DWI if you are in what levels
    3,4,5
  34. Immidiate 30 day suspension when (alcohol)
    • 1. charged with DWI
    • 2. .08 or .04(commercial)
    • 3. willful refusal
    • 4. under 21 w/ alcohol in system
    • can contest, but must be done within first 10 days
    • after 30 days must pay 100 admin fee to get license back
  35. Willful Refusal punishment
    30 day civil suspension, and 1 year suspension
  36. Willful refusal driving privilige
    can get after first 6 months
  37. DWI driving privilege
    6a-8p Monday-Friday, judge can geographically restrict, cannot blow ANYTHING if pulled
  38. DWI Privilige requirements
    • 1. valid license
    • 2. No prior DWI within 7 yrs
    • 3. No pending or unresolved DWI
    • 4. No other suspensions
    • 5. Pay 100 civil suspension fee
    • 6. Must be level 3,4 or 5
  39. Time suspension for DWI
    • 1st= 1yr
    • 2nd in 3 yrs= 4 yr suspension w/ hearing in 2
    • 3rd = permanent suspension w/ hearing in 3 yrs
    • ^no real time limit, though he hasnt seen past 10
  40. Aggravating Factors fr Speeding to ellede arrest
    • 1. Speeding over 15
    • 2. gross impairement
    • 3. Negligent driving and causing an accident
    • 4. reckless driving
    • 5. Driving with license revoked
    • 6. Passing a stopped school buse while elluding
    • 7. elluding with a child in the vehicle
  41. Speeding to ellude arrest
    Misdemeanor with 1 yr suspension unless aggravating factors present, if 2 then felony with 2 yr supension, if 3+ then 3 yr suspension
  42. Speed Limit (no sign)
    No person shall drive at a speed greater than is reasonable and prudent under conditions then existing
  43. Speed limit (in and outside of city statewide)
    inside a city 35, and outside 55
  44. Improper equipment not availible
    if charged with going 25 over
  45. No pjc when
    charged with driving in excess of 20 over
  46. Felony and misolaneous death by motor vehicle
    • 1. Person unintentionally causes death of another
    • 2. While engaged in the offense of impaired driving
    • 3. Commision of the DWI was the proximate cause
  47. Misdemeanor Death by vehicle
    • 1. person unintentionally causes death of another
    • 2. while engaged in a motor vehicle violation other than DWI
    • 3. proximate cause
  48. Felony Serious injury by Vehicle
    • 1. unintentionally causes serious injury to another
    • 2. engaged in DWI
    • 3. proximate cause
  49. Alcohol
    • Any substance containing any form of alcohol,
    • including ethanol, methanol, propanol, and isopropanol
  50. Alcohol concentration
    The concentration of alcohol in a person expressed as either grams per 100 ml of blood, or grams per 210 l of breath
  51. Canceled
    • As applied to drivers' licenses and permits, a
    • declaration that a license or permit which was issued through error or fraud,
    • or to which G.S. 2015(a)(3)
    • applies, is void and terminated
  52. Class A motor Vehicle
    GBWR of at least 26,001 and a towed unit of atleast 1001
  53. Class B motor vehicle
    A single motor vehicle with a GVWR at least 26001
  54. Class C Motor Vehicle
    a single motor vehicle not included in B, or a combonation not included in A or B
  55. Chemical Analysis
    A test of breath, blood, or other bodily fluid/substance to determine the persons alcohol concentration or presence of impairing substance
  56. Chemical AnalysT
    person granted a permit by D of H And H survices to perform chemical analyses
  57. Commercial Drivers License (CDL)
    license authrizing the individual to drive a class of commercial motor vehicle
  58. Disqualification
    a withdrawal of the privilege to drive a commercial motor vehicle
  59. Driver
    the operator of a vehicle (driver and operator are synonyms
  60. Impairing substance
    Alcohol, controlled substance under Chapter 90, any other drug or psychoactive substance capable ofimpairing a person's physical or mental faculties, or compination thereof
  61. License
    Any drivers license or other license or permit to operate a motor vehicle
  62. operator
    a person in actual physical control of a vehicle which is in motion or which has the engine running
  63. provisional licensee
    a person under the age of 18
  64. Public vehicular area
    area used by the public for vehicular traffic at ANY time
  65. Reportable Crash
    • a crash resulting in one or more of the following:
    • Death or injury of a HUMAN
    • total property damage of 1000 or more
  66. Suspension
    Termination of a licensee's or permittee's privilege to drive, or termination of the registration of a vehicle for a period of time
  67. Under the influence of an impairing substance
    State of a person having his physical or mental faculties APPRECIABLY impaired by impairing substance (proved beyond reasonable doubt)
  68. Vehicle
    every device in, upon or by which a person is or may be transported or drawn upon a highway, including bikes, but who doesnt derive motion from human power. Doesnt include Horse
  69. order to go in for traffic violations
    dismissal, Improper equipment, PJC, 10 miles under
  70. Persons exempt from license
    • 1. Person operating in service of Armed forces (not civis)
    • 2. any person operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on highway
    • 3. a non resident who is 16 and has a valid license from home state
    • 4. Moped driver over 16
  71. passing stopped school bus
    5
  72. aggressive driving
    5
  73. careless and reckless
    4
  74. following too closely
    4
  75. improper passing
    4
  76. running stop sign
    3
  77. speeding over 55
    3
  78. no license or expired for more than a year
    3
  79. no insurance
    3
  80. all other moving violations
    2
  81. Driving while license revoked
    suspension, no points

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