Tag Archives: suspended license attorney

Appealing a Suspended License in Raleigh, NC

DWI, ,

If your driver’s license has been suspended, it’s inconvenient, but may not be permanent. North Carolina has an appeals process for a license suspension so that you can, eventually, get it back.

Why Was Your License Suspended?

There are a number of reasons why your license can be suspended. The ease or difficulty of appealing depends on why your license was suspended, and for how long. The state will notify you in writing of the suspension, and list the reason.

If your suspension is for an insurance lapse, failing to pay a ticket or appear in court, excess points on your driving record, or other administrative reason, you simply need to comply with the requirements and your license will be reinstated.

However, if you’ve lost your license for things like speeding or failing to stop and render aid in an accident, the suspensions are longer. Charges such as DWI, death by vehicle (misdemeanor) participation in illegal street racing and refusing a blood test can lead to suspensions of 1 to 4 years.

Appealing a Suspended License in Raleigh, NC

Additionally, your license can be suspended for:

  • Two speeding convictions over 55 mph in a 12-month period
  • One conviction of speeding (over 55) with one conviction of reckless driving in a year
  • As part of a sentence or suspended sentence that revokes your driving privileges
  • A conviction for speeding in excess of 75 mph

Subsequent DWIs or felony death by vehicle incurs a permanent license suspension.

A suspension can also be part of a separate action, such as a criminal conviction or failure to pay child support. In cases like these, you’ll need to comply with the requirements (such as pay back child support or serve a jail term) before you can go through the process of getting your license back.

A suspension becomes part of your permanent driving record.

Administrative Hearings

Once you’re notified that your license has been suspended, you may be able to request an administrative hearing to appeal. This will depend on the reason your license was suspended, and you’ll retain your driving privileges (and your license) until the hearing. The hearings are not guaranteed and will be granted based on the reason for the suspension.

To request a hearing, you can contact the central DMV office in Raleigh at 919-715-7500, or by writing to:

North Carolina Department of Motor Vehicles

Driver License Hearings
3118 Mail Service Center
Raleigh, NC 27697

The DMV will notify you in writing of the day and time of your hearing. If you lose this hearing, you can appeal the decision to the North Carolina Superior Court in your resident county. But you must file your appeal to NC Superior Court within 30 days.

Getting Your Driver’s License Back

If you’re not able to win on appeal, you’ll need to go to your local DMV office after your suspension is over and pay a $50 fee ($100 if you were suspended for DUI) and re-apply for your license. You may be required to re-take any testing involved.

Get Back Behind The Wheel

Having your driver’s license suspended or revoked doesn’t mean you’ll never legally drive again. But license restoration is a process and can take some time. Need help? Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. He can help you through the appeals process and defend you in court. Call today: 919-832-0307 to schedule an appointment for your free initial consultation.

 

Suspended License Attorney In Raleigh, NC

DWI, , ,

Having your driver’s license suspended in Raleigh can be a very big problem, particularly if you have to drive to your job, drive for your job, or otherwise need transportation. Public transportation may be difficult, inconvenient or non-existent for where you need to go. Taxis and other private transportation can be expensive. Dewey P. Brinkley can help you bounce back after receiving a suspended license.

Why Was Your License Suspended?

Suspended License Attorney In Raleigh, NCNorth Carolina will suspend your license for a myriad of reasons. Drunk driving is an obvious reason, (including things like refusing to take a breath or blood test) but there are many other reasons:

  • A certain number of accumulated “points” on your driving record
  • Speeding, greater than 15 miles over the speed limit if you’re over 55 mph, 30 days
  • Failure to stop and render aid at an accident, 1 year
  • “Willful racing” (illegal street racing, as well as watching, betting on or participating in racing), 3 years (vehicle will also be seized)
  • Driving without insurance or allowing insurance to be canceled
  • Failure to appear in court and/or pay traffic fines
  • Failure to pay child support

Your license can also be suspended for multiple minor infractions, such as accumulated tickets and/or traffic fines.

  • One speeding conviction for speeds greater than 75 mph
  • Two convictions of speeds greater than 55 mph within a 12 months period
  • One conviction of speeding faster than 55 mph with a reckless driving  conviction within a one-year period
  • A suspended court sentence (or part thereof) requiring that you may not operate a motor vehicle for a specific period of time

Driving while your license is suspended is a Class 1 misdemeanor, and you could receive a fine as well as jail time.

How Do I Get My License Back?

For simpler suspensions, such as unpaid tickets and fines, it’s just a matter of complying with the requirements of the ticket or going to court. You’ll also have to pay a fine, as well as possible court costs, in addition to

You won’t have to re-apply for your license after a suspension, you’ll just have to comply with the conditions to release the suspension. You may also be offered the option to attend administrative hearings, which may shorten your suspension. (Some suspensions may require this step.)

Administrative hearings also have fees, from $40 to $450, depending on the reason for your suspension/revocation.

Hardship Licenses

In some cases, you can apply for a hardship license that includes very limited driving privileges. You can’t request one if you’ve had a DUI conviction, requested one in the last 3 years, facing pending charges or have several concurrent charges in North Carolina or any other state. In addition to proof of insurance, you’ll need a viable reason for driving, such as to and from work, maintaining your household and providing emergency medical care.

License Revocation

More severe than a suspended license, revocation means that you are no longer allowed to drive. Depending on the severity of your revocation, you can still have your driving privileges restored, it may just take longer (and cost more.)

You’ll be required to schedule and attend an administrative hearing. Before requesting a hearing, North Carolina’s DOT suggests consulting a suspended license attorney to see if your situation warrants one, or if you need one.

Start Driving Yourself

A suspended or revoked license doesn’t have to mean the end of everything. Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. Call him today at 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.