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Understanding North Carolina DMV Hearings

 

In the state of North Carolina, there are many different circumstances where the Division of Motor Vehicles will have the power to revoke your license. If this happens, don’t feel like it’s the end of the world. Depending on the circumstances, you will be allowed to request a hearing with the DMV. Each DMV hearing offers the opportunity to reduce the sentencing of your suspended license or to simply mitigate the driving suspensions you have.

For example, a DWI restoration hearing is one of the available DMV hearings. In the instance that you've been convicted of a DWI and had your driver's license revoked, a DMV hearing can be arranged. At Cummings & Kennedy, we know the importance that rests on this hearing and we are prepared to provide our clients with the comprehensive assistance that they rely on. When approaching this hearing, we will first submit all of the proper paperwork. Then, during the DWI restoration hearing, we will bring in witnesses to testify in an effort to argue your case. By paying attention to every detail and drawing upon our vast resources, you will be able to be confident in our ability and dedication to make the process as painless and effective as possible. Reach out to us to get a free consultation to learn what we can do for you. We’ll work with you to better understand your case and the restrictions you face, and we’ll coordinate a plan of action that may help you to minimize the impact of any traffic charges that you may face. You can also learn more about our DMV hearing services below — we’ve listed information about DWI driving infractions, and answers to some frequently asked questions that we encounter surrounding DMV hearings and action.

About DWI Charges & DMV Hearings

If you’ve been charged with a DWI, you can lose driving privileges. Here in North Carolina, drivers who are convicted of a DWI may lose their license for a year or more, depending on the circumstances of their case. In order to have your license reinstated through the DMV, you will have to complete an assessment, among other requirements, and you may have to request a trial to have your license reinstated. If you’re facing a DWI charge, then you should prepare for these impending actions by the DMV. We can work with you so that you better understand how license revocation works, how you can schedule a DMV hearing, and what we can do to reduce the impact of the charge held against you.

Take note, DMV hearings are completely separate from DWI hearings through the Carteret County court. If you’re facing a DWI charge, you’ll have to address both the state court for the crime of which you’ve been accused, and you’ll have to work with the DMV to retain your driving privileges. Here at Cummings and Kennedy, we can help you with both aspects of your case — we can provide criminal defense representation for the state court, and we can work to help you retain your driving privileges.

DMV Hearing FAQ

How much time do I have to act?

Here in North Carolina, you have 10 days to act, once you’ve been notified that your license is about to be suspended by the North Carolina Department of Motor Vehicles (NCDMV). You’ll have to go to the DMV to request a hearing after you’ve received notification about an impending suspension. The DMV should also notify you of your eligibility for a hearing and the fees that will be associated with a hearing, if you choose to request a hearing. You should also be informed of the deadline for submitting a request by the DMV.

How long will my license be suspended?

License suspension varies depending on the charge at hand. If you’re facing a second or third DWI charge, for instance, then you’re license may be suspended longer than if you only have one offense on your record. The North Carolina Department of Motor Vehicles has the following guidelines when it comes to license suspension. Those who have only one DWI infraction may face a suspension or revocation of one year. Those who have two DWI offenses on their record may face a suspension or revocation of two years. Those who have three DWI offenses or more may face permanent suspension or license revocation.

In addition, you will have your license suspended for a year if you have refused to take a breathalyzer test or another test to measure your BAC at the point of arrest. Under implied consent laws, you are required to submit to a BAC test when arrested for DWI here in the state of North Carolina — and a refusal to submit to a test is grounds to have your license revoked.

Now, a hearing may be requested to limit a license revocation. We may be able to have your license reinstated prior to the aforementioned date guidelines, or we may be able to have your case dropped altogether depending on the circumstances surrounding your case. In addition, if you dispute your DWI license revocation, you will be able to drive temporarily, and you may be eligible for a temporary license.

Can I have my driving privileges permanently suspended?

Yes. If you’re facing a third DWI conviction or a repeated conviction beyond three DWIs, then your license may be permanently revoked. However, we may be able to build a case to have your license reinstated after some time. Reach out to us to learn more about NCDMV revocations and the hearing process for a license revocation.

How can I prepare for my hearing?

A DMV hearing is a complex process, and you’ll have to obtain a variety of documents in order to make a case that you should be eligible to drive once again. You will have to collect proof of insurance, proof of an interlock device installation in your car (if you’re facing a DWI charge), and other documents to show that you’re prepared to drive once again. You’ll also need to show proof that you have completed or are attending an alcohol abuse treatment program — as may be required by the state. We’ll work with you to ensure that you understand all of the tasks that you need to complete and all of the paperwork and documentation you’ll need to have in hand as your DMV hearing approaches.

In addition, we may work with you to get witnesses that can testify to your good character on your behalf during the DMV hearing. We may request that you get character witnesses to speak during the hearing to make a case that you should be eligible to drive once again. We can also work with your witnesses to build a case that you take driving privileges seriously, in order to show the DMV that you may be a safe driver moving forward.

Criminal Defense Lawyer for DMV Hearings in Carteret County

DMV hearings are complex and may prove confusing — which is why representation may be essential. We understand how important driving can prove to be for your work and personal life. We’ll work with your best interests in mind to strive to minimize the impact of an infraction or a DWI charge. At our firm, we know just how essential it is that we handle all DMV hearings with an experienced and delicate touch. Should you work with a Carteret County criminal defense lawyer from our legal team, you will be able to rest easier knowing that we have extensive experience in representing clients navigating through DMV hearings. Led by a team of a husband and wife, you will have two decades of aggregate attorney experience backing you up – no longer will you be facing your situation alone. Restoring your driver's license is not a minor issue and you can trust that we will treat it with the gravity that this task deserves.

Facing a DMV hearing? Get the legal support that you deserve. Contact a Carteret County criminal defense lawyer from our legal team as soon as possible.