Driver’s License Revocation and Restoration

If you or someone you know has ever had his or her driver’s license suspended or revoked, you will understand that the ability to have transportation to get to work and/or school is critical to the care and support of your family. For this reason, the revocation of a North Carolina driver’s license must be taken seriously. At the law office of Arnold & Smith, PLLC, our skilled Monroe Union county criminal defense attorneys can provide quality legal representation to clients who have had their licenses revoked or suspended.

Often times, a skilled criminal defense attorney may be able to successfully prove that there was no reason for a client to experience the suspension or revocation of his or her North Carolina driver’s license at all. If your North Carolina driver’s license has already been suspended or revoked, our skilled attorneys will work hard to have it reinstated as quickly as is possible. We may reopen your case by way of a Motion for Appropriate Relief or request a Department of Motor Vehicles (DMV) hearing. In either scenario, our skilled criminal defense attorneys will present evidence to support your case and advocate on your behalf in front of a hearing officer or a judge.

North Carolina law allows for the learner’s permit or driver’s license for anyone under the age of 18 to be revoked. State law allows any minor who is charged with a moving violation by law enforcement to be brought before a magistrate judge and possibly have his or her driving privileges immediately revoked. It is common for individuals driving in North Carolina who are charged with speeding over 80 MPH, or charged with any other criminal moving violation, to have their license immediately revoked. For these reasons, it is critical that you seek legal advice from a qualified Monroe criminal defense attorney.

Like other DMVs across the country, North Carolina’s Department of Motor Vehicles is a powerful state agency with the authority to suspend or revoke driver’s licenses. If the DMV has taken the decision to revoke or suspend your driver’s license, you may have the opportunity to appear before a DMV hearing. The purpose of requesting this hearing is to prevent the suspension or revocation from becoming effective or, alternatively, to seek to have your driving privileges reinstated if they have already been taken away. Because you are allowed to have an attorney present at a DMV hearing, it may significantly increase your chances of successfully getting your North Carolina license reinstated. A skilled criminal defense attorney will present important information as evidence to support your case before the DMV regarding the specific facts of your case. He or she may also submit proof of completion of your sentence or agreement or witness testimony on your behalf.

There are several types of DMV hearings that may be requested in order to seek reinstatement of driving privileges. Examples of these may include:

• DWI refusal hearing: The state of North Carolina has an implied consent law that mandates that every driver must submit to a breath or blood analysis if charged with a DWI. A driver who is charged with refusing to be tested can automatically have his or her driver’s license revoked for one year. That being said, someone charged with refusing to abide by North Carolina’s implied consent law has the right to request a hearing to challenge the license suspension;
• Medical hearing: North Carolina’s DMV has the authority to revoke someone’s driver’s license because of a medical condition. A person’s whose license has been taken away for such a reason had the right to a DMV hearing to try to regain your driving privileges;
• Driving with a suspended license hearing: every time someone is convicted of a North Carolina moving violation while driving with a suspended license, the state’s DMV can revoke driving privileges. If a driver has three or more moving violations while his or her license is revoked, the revocation becomes permanent. A request to restore driving privileges can only occur after three years.
• Post-DWI restoration hearing: when a North Carolina driver has three or more DWI convictions, his or her license will be permanently suspended.

Other reasons for driver’s license suspension in North Carolina include failure to appear in court, DWI charges, failure to pay court costs and/or fines, failure to pay traffic tickets or other citations, failure to complete requirements for license restoration.

The experienced criminal defense attorneys at Arnold & Smith, PLLC are on your side. We have extensive experience with restoration of suspended driver’s licenses. Contact us today to schedule your free, initial, case evaluation.