Form AOC-CVR-16 "Request for Hearing to Contest Provisional License Revocation" - North Carolina

What Is Form AOC-CVR-16?

This is a legal form that was released by the North Carolina District Court - a government authority operating within North Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2012;
  • The latest edition provided by the North Carolina District Court;
  • Easy to use and ready to print;
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  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form AOC-CVR-16 by clicking the link below or browse more documents and templates provided by the North Carolina District Court.

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Download Form AOC-CVR-16 "Request for Hearing to Contest Provisional License Revocation" - North Carolina

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File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
Name And Address Of Petitioner
REQUEST FOR HEARING TO CONTEST
PROVISIONAL LICENSE REVOCATION
Home Telephone No.
Work Telephone No.
G.S. 20-13.3(d2)
REQUEST FOR HEARING
I, the undersigned petitioner, request a hearing pursuant to G.S. 20-13.3(d2) to contest the validity of the revocation of my
limited learner’s permit, limited provisional license, or full provisional license.
The revocation of my limited learner’s permit, limited provisional license, or full provisional license took effect on the Date
Of Revocation shown below.
I challenge the validity of the revocation on the following specific grounds: (
NOTE: List the finding(s) for probable cause, as
set forth on the revocation order, that you believe to be wrong.)
I specifically request that the hearing be conducted by a District Court Judge.
I understand that the hearing will be limited to the grounds I have specified in this request and that the revocation of my
limited learner’s permit, limited provisional license, or full provisional license remains in effect pending the hearing. I
further understand that the hearing must be held and completed within three (3) working days following the date of this
request if the hearing is before a magistrate, or within ten (10) working days of the date of this request if I have requested
a hearing before a District Court Judge. I also understand that my failure to appear at the hearing or any rescheduling of
the hearing after having been properly notified will result in the forfeiture of my right to a hearing. Finally, I understand
that the decision of the magistrate or judge at the hearing is final, and that there is no right to appeal from the decision.
Date Of Revocation
Date Of Request For Hearing
Signature Of Petitioner
ORDER SETTING HEARING
The defendant having requested a hearing in accordance with G.S. 20-13.3(d2), the undersigned hereby sets a date, time
and location of hearing as shown below.
Date Of Hearing Time Of Hearing
Location Of Hearing
AM
PM
Date
Name (Type Or Print)
Signature
Deputy CSC
CSC
Assistant CSC
Magistrate
FILING INSTRUCTIONS
The petitioner must file this request within ten (10) days of the effective date of the revocation order with (i) the judicial official
conducting the initial appearance, (ii) the Clerk of Superior Court in the county in which the charge is pending, or (iii) a
magistrate designated by the clerk to receive such requests.
Original - CVR File
Copy - Petitioner
AOC-CVR-16, New 10/12
© 2012 Administrative Office of the Courts
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
Name And Address Of Petitioner
REQUEST FOR HEARING TO CONTEST
PROVISIONAL LICENSE REVOCATION
Home Telephone No.
Work Telephone No.
G.S. 20-13.3(d2)
REQUEST FOR HEARING
I, the undersigned petitioner, request a hearing pursuant to G.S. 20-13.3(d2) to contest the validity of the revocation of my
limited learner’s permit, limited provisional license, or full provisional license.
The revocation of my limited learner’s permit, limited provisional license, or full provisional license took effect on the Date
Of Revocation shown below.
I challenge the validity of the revocation on the following specific grounds: (
NOTE: List the finding(s) for probable cause, as
set forth on the revocation order, that you believe to be wrong.)
I specifically request that the hearing be conducted by a District Court Judge.
I understand that the hearing will be limited to the grounds I have specified in this request and that the revocation of my
limited learner’s permit, limited provisional license, or full provisional license remains in effect pending the hearing. I
further understand that the hearing must be held and completed within three (3) working days following the date of this
request if the hearing is before a magistrate, or within ten (10) working days of the date of this request if I have requested
a hearing before a District Court Judge. I also understand that my failure to appear at the hearing or any rescheduling of
the hearing after having been properly notified will result in the forfeiture of my right to a hearing. Finally, I understand
that the decision of the magistrate or judge at the hearing is final, and that there is no right to appeal from the decision.
Date Of Revocation
Date Of Request For Hearing
Signature Of Petitioner
ORDER SETTING HEARING
The defendant having requested a hearing in accordance with G.S. 20-13.3(d2), the undersigned hereby sets a date, time
and location of hearing as shown below.
Date Of Hearing Time Of Hearing
Location Of Hearing
AM
PM
Date
Name (Type Or Print)
Signature
Deputy CSC
CSC
Assistant CSC
Magistrate
FILING INSTRUCTIONS
The petitioner must file this request within ten (10) days of the effective date of the revocation order with (i) the judicial official
conducting the initial appearance, (ii) the Clerk of Superior Court in the county in which the charge is pending, or (iii) a
magistrate designated by the clerk to receive such requests.
Original - CVR File
Copy - Petitioner
AOC-CVR-16, New 10/12
© 2012 Administrative Office of the Courts
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
Name And Address Of Petitioner
FINDINGS AND ORDER IN CONTESTED
PROVISIONAL LICENSE REVOCATION
G.S. 20-13.3(d2)
FINDINGS OF FACT
The Court finds that the petitioner filed a timely Request For Hearing To Contest Provisional License Revocation setting
forth the specific grounds upon which the validity of the revocation is challenged.
The Court, having considered the evidence and arguments presented at the hearing, finds by the greater weight of the
evidence the following:
1.
The hearing
a. was held and completed within the time limits required by G.S. 20-13.3(d2).
b. was not held and completed within the time limits required by G.S. 20-13.3(d2).
2.
As to each condition alleged by the law enforcement officer in the Affidavit And Revocation Report Of Law Enforcement
Officer For Provisional License Revocation in this matter,
a. all were met.
b. at least one was not met (
specify condition(s) not met)
.
CONCLUSIONS OF LAW
Based upon the foregoing findings of fact, the Court concludes that the revocation of the petitioner’s limited learner’s permit,
limited provisional license, or full provisional license must be
a. sustained.
b. rescinded.
ORDER
Based upon the foregoing findings of fact and conclusions of law, the Court ORDERS that the revocation of the petitioner’s
limited learner’s permit, limited provisional license, or full provisional license be
a. sustained, and the revocation shall remain in effect for the period specified in the revocation order.
b. rescinded.
Date
Name Of Judicial Official (Type Or Print)
Signature Of Judicial Official
District Court Judge
Magistrate
NOTE: “The decision of the judicial official is final and may not be appealed in the General Court of Justice.” G.S. 20-13.3(d2).
Original - CVR File
Copy - Petitioner
AOC-CVR-16, Side Two, New 10/12
© 2012 Administrative Office of the Courts
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