Form AOC-CVR-3 "Revocation Order When Person Not Present" - North Carolina

What Is Form AOC-CVR-3?

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 April 1, 2014;
  • The latest edition provided by the North Carolina District Court;
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Download Form AOC-CVR-3 "Revocation Order When Person Not Present" - 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
REVOCATION ORDER
Name And Address
WHEN PERSON NOT PRESENT
G.S. 20-16.5
FINDINGS FOR PROBABLE CAUSE
The undersigned judicial official finds probable cause to believe that:
1. A law enforcement officer had reasonable grounds to believe that the above-named person committed an offense subject to the implied-consent
provisions of G.S. 20-16.2;
2. The above-named person has been charged with that offense as provided in G.S. 20-16.2(a);
3. Both the law enforcement officer and the chemical analyst(s) complied with the provisions of G.S. 20-16.2 and 20-139.1 in requiring the above-
named person's submission to or procuring a chemical analysis; and
4. The above-named person:
a. willfully refused to submit to a chemical analysis.
b. had an alcohol concentration of 0.08 or more at any relevant time after the driving.
c. had an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle.
d. had any alcohol concentration at any relevant time after the driving, and at the time of the offense, was under 21 years of age.
5. The above-named person has one or more pending offenses in the following county(ies)
for which the person's drivers license had been or is revoked under G.S. 20-16.5.
ORDER
It is ORDERED that the above-named person's drivers license or privilege to drive be revoked, and the above-named person is prohibited from
operating a motor vehicle on the highways of North Carolina during the period of revocation; and the revocation remains in effect at least thirty (30) days
from:
1. the date he/she surrenders his/her drivers license or privilege to drive to the court, or demonstrates that he/she is not currently licensed to drive, if
he/she does so within five (5) working days of the effective date of this Order (the failure of the above-named person to act within five (5) working
days will result in a longer revocation period as explained in the Notice below); or
2. (check this option if Finding No. 5 is checked) the date he/she surrenders his/her drivers license or privilege to drive to the court, or demonstrates
that he/she is not currently licensed to drive, if he/she does so within five (5) working days of the effective date of this Order (the failure of the above-
named person to act within five (5) working days will result in a longer revocation period as explained in the Notice below), and indefinitely until a
final judgment, including appeals, has been entered for the current offense and for all pending offenses for which his/her drivers license or privilege
to drive had been or is revoked under G.S. 20-16.5.
The above-named person's privilege to drive in North Carolina is revoked and will remain revoked until the person has actually surrendered
his/her license for the period specified above and has paid a $100 fee to the Clerk of Superior Court.
I am informing the above-named person of his/her right to a hearing by explaining this right in the Notice below. I am delivering a copy of this Order to
him/her by depositing it in the United States mail as provided in G.S. 20-16.5(f).
EFFECTIVE DATE OF ORDER:
12:01 a.m.,
,
NOTE: The effective date specified herein is four (4) days after the Order is mailed. Count the four (4) days beginning with the day following the day of
mailing pursuant to G.S. 1A-1, Rule 6. See reverse for Supplemental Findings and Order, and for Disposition of License or Privilege.
Date
Signature Of Judicial Official
Deputy CSC
Assistant CSC
Clerk Of Superior Court
NOTICE
Your license to drive is revoked as of the effective date shown above. If within five (5) working days of the effective date of this Order you surrender
your drivers license to the Clerk of Superior Court or show you are not licensed to operate a motor vehicle, this Revocation remains in effect for at least a
thirty (30) day period beginning on the date you surrender your license or make the showing. If you fail to do so, this Revocation remains in effect for at
least a forty-five (45) day period beginning on the date you surrender your license or make the showing. Appearance before the Clerk of Superior Court
must be made between 8:30 a.m. and 5:00 p.m., Monday through Friday.
Your failure to appear before the Clerk of Superior Court may result in a law enforcement officer seizing your license or requiring you to demonstrate
you are not licensed. In this event, this Revocation remains in effect for at least a forty-five (45) day period which will not begin until the officer seizes
your license or you demonstrate you are not licensed.
If at time of this Order you have only a temporary driving certificate, you must surrender the certificate, and then you also must surrender your license
card immediately when you later receive it in the mail from DMV.
If your license is revoked under Paragraph 1 of this Order, at the end of the revocation period you are still prohibited from driving until you have paid a
fee of $100 to the Clerk of Superior Court.
If your license is revoked under Paragraph 2 of this Order, this Revocation remains in effect for at least the thirty (30) or forty-five (45) days explained
above and until a final judgment, including appeals, is entered for this current offense and for all pending offenses for which your license has been or is
revoked under G.S. 20-16.5. At the end of the revocation period you are still prohibited from driving until you have paid a fee of $100 to the Clerk of
Superior Court. This fee is in addition to any fee you have paid or are to pay in connection with any other pending offense for which your drivers license
has been revoked under G.S. 20-16.5.
The $100 fee may be paid at any time, even prior to the end of the period of revocation, between the hours of 8:30 a.m. and 5:00 p.m., Monday
through Friday. Payment in person must be made in cash or by certified check, cashier's check or money order. Payment by mail must be made by
certified check, cashier's check or money order, payable to the Clerk of Superior Court. If you wish to have your drivers license returned to you by mail,
please enclose a stamped, self-addressed envelope with your payment.
If prior to the effective date of this Order you were not licensed by the North Carolina Division of Motor Vehicles or did not have a valid license from
another state, an additional $50 restoration fee must be paid to the Division of Motor Vehicles before you can drive again in North Carolina. This fee
must be paid even though you are a resident of another state.
Original-File
Copy-Person Whose License Revoked
AOC-CVR-3, Rev. 4/14
(Over)
© 2014 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
REVOCATION ORDER
Name And Address
WHEN PERSON NOT PRESENT
G.S. 20-16.5
FINDINGS FOR PROBABLE CAUSE
The undersigned judicial official finds probable cause to believe that:
1. A law enforcement officer had reasonable grounds to believe that the above-named person committed an offense subject to the implied-consent
provisions of G.S. 20-16.2;
2. The above-named person has been charged with that offense as provided in G.S. 20-16.2(a);
3. Both the law enforcement officer and the chemical analyst(s) complied with the provisions of G.S. 20-16.2 and 20-139.1 in requiring the above-
named person's submission to or procuring a chemical analysis; and
4. The above-named person:
a. willfully refused to submit to a chemical analysis.
b. had an alcohol concentration of 0.08 or more at any relevant time after the driving.
c. had an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle.
d. had any alcohol concentration at any relevant time after the driving, and at the time of the offense, was under 21 years of age.
5. The above-named person has one or more pending offenses in the following county(ies)
for which the person's drivers license had been or is revoked under G.S. 20-16.5.
ORDER
It is ORDERED that the above-named person's drivers license or privilege to drive be revoked, and the above-named person is prohibited from
operating a motor vehicle on the highways of North Carolina during the period of revocation; and the revocation remains in effect at least thirty (30) days
from:
1. the date he/she surrenders his/her drivers license or privilege to drive to the court, or demonstrates that he/she is not currently licensed to drive, if
he/she does so within five (5) working days of the effective date of this Order (the failure of the above-named person to act within five (5) working
days will result in a longer revocation period as explained in the Notice below); or
2. (check this option if Finding No. 5 is checked) the date he/she surrenders his/her drivers license or privilege to drive to the court, or demonstrates
that he/she is not currently licensed to drive, if he/she does so within five (5) working days of the effective date of this Order (the failure of the above-
named person to act within five (5) working days will result in a longer revocation period as explained in the Notice below), and indefinitely until a
final judgment, including appeals, has been entered for the current offense and for all pending offenses for which his/her drivers license or privilege
to drive had been or is revoked under G.S. 20-16.5.
The above-named person's privilege to drive in North Carolina is revoked and will remain revoked until the person has actually surrendered
his/her license for the period specified above and has paid a $100 fee to the Clerk of Superior Court.
I am informing the above-named person of his/her right to a hearing by explaining this right in the Notice below. I am delivering a copy of this Order to
him/her by depositing it in the United States mail as provided in G.S. 20-16.5(f).
EFFECTIVE DATE OF ORDER:
12:01 a.m.,
,
NOTE: The effective date specified herein is four (4) days after the Order is mailed. Count the four (4) days beginning with the day following the day of
mailing pursuant to G.S. 1A-1, Rule 6. See reverse for Supplemental Findings and Order, and for Disposition of License or Privilege.
Date
Signature Of Judicial Official
Deputy CSC
Assistant CSC
Clerk Of Superior Court
NOTICE
Your license to drive is revoked as of the effective date shown above. If within five (5) working days of the effective date of this Order you surrender
your drivers license to the Clerk of Superior Court or show you are not licensed to operate a motor vehicle, this Revocation remains in effect for at least a
thirty (30) day period beginning on the date you surrender your license or make the showing. If you fail to do so, this Revocation remains in effect for at
least a forty-five (45) day period beginning on the date you surrender your license or make the showing. Appearance before the Clerk of Superior Court
must be made between 8:30 a.m. and 5:00 p.m., Monday through Friday.
Your failure to appear before the Clerk of Superior Court may result in a law enforcement officer seizing your license or requiring you to demonstrate
you are not licensed. In this event, this Revocation remains in effect for at least a forty-five (45) day period which will not begin until the officer seizes
your license or you demonstrate you are not licensed.
If at time of this Order you have only a temporary driving certificate, you must surrender the certificate, and then you also must surrender your license
card immediately when you later receive it in the mail from DMV.
If your license is revoked under Paragraph 1 of this Order, at the end of the revocation period you are still prohibited from driving until you have paid a
fee of $100 to the Clerk of Superior Court.
If your license is revoked under Paragraph 2 of this Order, this Revocation remains in effect for at least the thirty (30) or forty-five (45) days explained
above and until a final judgment, including appeals, is entered for this current offense and for all pending offenses for which your license has been or is
revoked under G.S. 20-16.5. At the end of the revocation period you are still prohibited from driving until you have paid a fee of $100 to the Clerk of
Superior Court. This fee is in addition to any fee you have paid or are to pay in connection with any other pending offense for which your drivers license
has been revoked under G.S. 20-16.5.
The $100 fee may be paid at any time, even prior to the end of the period of revocation, between the hours of 8:30 a.m. and 5:00 p.m., Monday
through Friday. Payment in person must be made in cash or by certified check, cashier's check or money order. Payment by mail must be made by
certified check, cashier's check or money order, payable to the Clerk of Superior Court. If you wish to have your drivers license returned to you by mail,
please enclose a stamped, self-addressed envelope with your payment.
If prior to the effective date of this Order you were not licensed by the North Carolina Division of Motor Vehicles or did not have a valid license from
another state, an additional $50 restoration fee must be paid to the Division of Motor Vehicles before you can drive again in North Carolina. This fee
must be paid even though you are a resident of another state.
Original-File
Copy-Person Whose License Revoked
AOC-CVR-3, Rev. 4/14
(Over)
© 2014 Administrative Office of the Courts
You have a right to a hearing to contest the validity of this Revocation before either a magistrate or a judge. To do so, a written request must be made
within ten (10) days of the effective date of the Revocation. A hearing request form is available from the office of the Clerk of Superior Court or
magistrate. Your license will remain revoked and you are not authorized to drive pending this hearing. If you do request a hearing but fail to appear,
you forfeit the right to a hearing.
IT IS UNLAWFUL FOR YOU TO DRIVE A MOTOR VEHICLE IN THE STATE OF NORTH CAROLINA UNTIL YOU ARE AUTHORIZED TO DO SO.
THE DIVISION OF MOTOR VEHICLES MAY ALSO DISQUALIFY YOU FROM OPERATING A COMMERCIAL MOTOR VEHICLE UNDER
G.S. 20-17.4.
SUPPLEMENTAL FINDINGS AND ORDER
It is further found that:
1. The person named herein appeared before the Clerk of Superior Court at
AM
PM
on the
day of
,
, which
is
is not
within five (5) working days
of the effective date of this Revocation Order.
2. The person:
a. surrendered his/her drivers license to the Court.
b. was validly licensed but unable to locate his/her license card and filed an affidavit which constituted surrender of the drivers
license.
c. demonstrated he/she was not currently authorized to drive in North Carolina.
It is ORDERED that this Revocation:
1. remains in effect for at least
thirty (30) days
forty-five (45) days
from the date set forth above and until payment of
a $100 fee to the Clerk of Superior Court.
2.
is indefinite and remains in effect for at least
(check this option if Findings For Probable Cause No. 5 on the reverse side is checked)
thirty (30) days
forty-five (45) days
from the date set forth above and until a final judgment, including appeals, has been
entered for the current offense and for all pending offenses for which his/her drivers license had been or is revoked under
G.S. 20-16.5, and until payment of a $100 fee to the Clerk of Superior Court.
Date
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
It is further found that a Pick-Up Order was issued for the license of the person named herein, and the person on the
day of
,
:
1. surrendered his/her license to the officer serving the Pick-Up Order.
2. demonstrated to the officer serving the Pick-Up Order that he/she was not currently authorized to drive in North
Carolina.
It is ORDERED that this Revocation:
1. remains in effect for at least forty-five (45) days from the above date and until payment of a $100 fee to the Clerk of
Superior Court.
2.
is indefinite and remains in effect for at least
(check this option if Findings For Probable Cause No. 5 on the reverse side is checked)
forty-five (45) days from the above date and until a final judgment, including appeals, has been entered for the
current offense and for all pending offenses for which his/her drivers license had been or is revoked under
G.S. 20-16.5, and until payment of a $100 fee to the Clerk of Superior Court.
Date
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
DISPOSITION OF LICENSE OR PRIVILEGE
1. Drivers license of person named herein returned to him/her, and receipt by him/her is acknowledged below.
2. At the licensee's request, license returned to him/her by mail. License mailed on the date shown below.
3. License mailed to Division of Motor Vehicles on date shown below, since the person named herein is not eligible to
use the license for the following reason:
4. Limited driving privilege withheld and record forwarded to
County.
5. Other:
Date
Signature
Date License Mailed
Deputy CSC
Assistant CSC
Clerk Of Superior Court
ACKNOWLEDGMENT OF RECEIPT
I acknowledge receipt of my license.
Date
Signature Of Licensee
Date $100 Fee Paid
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
AOC-CVR-3, Side Two, Rev. 4/14
© 2014 Administrative Office of the Courts
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