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I currently have a Limited Privilege from a DWI last June in Cary. Can I go before the judge again to have it changed?
Anonymous5 views3 answers
I have two abilities I'd like to have added:
1. Starting a new business part time doing small jobs (landscaping, painting, powerwashing, etc)
2. My kids are out of state with their mom. The ability to meet her halfway to be able to have visitation for them.
What would be the likelihood of the judge allowing either or both of these??
It may be different in NC, but in CA, a Judge would likely say...the restrictions on your driving license is a DMV issue, and the Judge would probably not do anything about changing the type of restrictions. You should contact the attorney that handled your case about any potential options in this matter. Good luck.
In most jurisdictions, this is a matter that must be addressed with the DMV, not the judge.
Contact your DMV and ask for a hearing to modify your license. Better yet, contact a Raleigh DUI defense attorney to do this on your behalf.
In NC the limited driving privilege is an order of the court which can be amended by the court if your circumstances change. It is easier to amend if your employment changes and you can verify the changes in your working times. The visitation issue is not specifically addressed by statute as being an approved purpose for driving after "standard hours" of 6 AM to 8 PM Monday through Friday, but I have had some judges allow for driving necessary to comply with court ordered visitation. It would depend on who the judge was who originally issued the privilege as that would be the one to consider the proposed changes. You would have to have a new privilege prepared, get a new DL-123 proof of insurance form and the court would assess a $100 limited driving privilege fee for the new privilege. A lawyer can help you accomplish this. I practice in Wake County and can be reached at 919-828-5566.
