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Driving on a class "C" hardship license, I was wondering if you are allowed to drive to a gas station, Bank, DUI School, Vet?
Anonymous4 views8 answers
I know you are allowed to drive to Dr, church, and school. However I was told that even the grocery store might not be allowed and it's up to the cop that pulls you over whether or not he thinks it's alright??
You are allowed to drive for any business purpose. School, employment, church, library, bank, doctor, hospital and veterinarian. I wouldn't drive on the beach Sunday afternoon or to a bar.
With a lot of things regarding law enforcement, they have wide latitude in their discretion. If there's a way you can get out of driving, do it. Even if it's to one of the places you're allowed to go. If you have to drive somewhere, always have proof, i.e. a receipt, a date reminder,anything you can show a cop you're acting within the terms of your hardship license. I believe you're allowed to drive to the grocery, but you should ask your PO about it.
The "business purposes only" definition does not address these situations. Be careful. Some police officers will arrest you for this type of driving and some will not. Most police officer think the BPO restriction is an EPO (employment only) restriction. I would drive to these places on a BPO restricted license but I would not counsel my clients to do so without the peril of being arrested by a mistaken police officer. Plus the officer may not believe you. Be careful. This is not a black and white issue.
www.BryceFetter.com
With a DUI Hardship License, if for "business purposes" the reasons you may drive include work, education, church (or synagogue), or medical (hospital, doctor's office, etc). Gas statition is fine, as long as you were headed to or for something mentioned above. If not, the law enforcement officer has discretion to charge you with "Violation of Driver's License Restriction" (a misdemeanor).
The term "business purposes only" is “a driving privilege that is limited to any driving necessary to maintain livelihood, including to and from work, necessary on-the-job driving, driving for educational purposes and driving for church and for medical purposes; no driving for any other purposes is allowed.” I read an opinion letter from the DHSMV General Counsel who said that the grocery store is included, but of course you may get a cop who thinks he's free to interpret the law his way.
Gas station is necessary, bank is necessary, DUI School is necessary to maintain your license...not sure about the Vet.
I heard this from one of my clients for the first time this week. I do not know if something has changed in DMV's interpretations. I have to do some homework!
Unfortunately, that is the answer you will get from the DHSMV. They will not tell you what the hardship license allows other than to tell you that it is for "livelihood." That is provided it is a "business purpose" license and not an "employment purpose" license. They have different restrictions and the employment one is far more restrictive. You are likely safe going to DUI school and the vet (medical purpose). The grocery store has often been linked to a "livelihood" issue and if you are driving during the daytime and early evening, you are more likely to be believed by law enforcement. There is no real ability to direct you on this and I suggest you use your best judgment in what is for your livelihood.
First, there are 2 kinds of hardship, Business or Employment only. Employment is more restrictive- you can only drive for your job. It sounds like you have a business only restriction. By statute, that includes any driving necessary to maintain livelihood. I don't know how groceries would not be included in that, but there is always a risk that a cop has a different interpretation and arrests you on it. I generally recommend that people avoid any unnecessary driving, but if you can demonstrate the necessary purpose for your trip, you should be ok.