Losing your license is a serious matter and if you are pulled over while driving with a revoked or suspended license (DWLR), the consequences can be severe. In fact, DWLR may be a seen as a Class 1 misdemeanor, depending on your record, and you may face penalties of as much as 120 days in prison as well as further license suspension.
Driver’s License Revocation in Charlotte, North Carolina
Being able to drive to school and work is important for the support and care of your family, which is why a revoked or suspended driver’s license is never taken lightly.
In some instances, a lawyer might be able to prove that there is no reason for you to lose your license. He or she will work to have your charges either reduced or completely dropped. If your license has already been suspended or revoked, a lawyer will concentrate on having it reinstated as soon as possible.
North Carolina Statute
In North Carolina, a statute has allowed for the revocation of learner’s permits or licenses for anyone under the age of 18 years. Under the statute, a minor who is charged with a criminal moving violation may have to appear before a magistrate and have his or her driving privileges immediately revoked. This means that people who are charged with speeding over 80 miles per hour, or any other kind of criminal moving violation, may have their license revoked. Under this new law, it is important to seek legal advice from a criminal defense attorney in Charlotte.
Suspension and Restoration of Your Driver’s License
There are other reasons that your license can be suspended, such as:
- DWI charges
- Failure to complete the necessary requirements to restore your driving privileges
- Failure to appear in court
- Failure to pay fines and court costs
- Failure to pay traffic tickets
- Failure to pay child support
Losing your license can have an impact on your ability to work and carry out daily activities. If your license is revoked or suspended, a lawyer will help represent you in court or at a DMV hearing.
When Can You Have a DMV Hearing?
The state’s Division of Motor Vehicles is a powerful agency and it has the authority to suspend licenses. Once it has decided to take away your license, you may have the opportunity to have a DMV hearing in order to prevent the suspension taking effect or to figure out if you can have your driving privileges reinstated.
At a DMV hearing, you may have an attorney represent you and it can increase your chances of getting back your license. Your attorney will present information to the Division of Motor Vehicles about the facts of your case and, if necessary, submit witness testimony to prove completion of your treatment or sentence.
Different kinds of DMV hearings include:
- Driving while your license has been revoked – when someone is convicted of a moving violation while their privileges have been revoked, the agency will revoke the driving privilege. Once the person has 3 or more moving violations during that revocation period, the license will be permanently taken away and he or she may only request a restoration of driving privileges after a three-year period and at a DMV hearing.
- A medical hearing – The DMV in North Carolina is able to revoke your license due to a medical condition. In such cases, you can request a DMV hearing to retain your driving privileges. Your attorney will need to prove that you are a safe and responsible driver and can do so by presenting convincing and accurate information about your medical condition.
- DWI refusal hearing – the state’s implied consent law requires that every driver must submit a blood or breath analysis if charged with a DWI. If the driver refuses to provide a sample, their license may be revoked for a period of 12 months. But, if you’re charged with refusing to adhere to this law, you can request a DMV hearing to fight your suspension.
- Post-DWI restoration hearing – if you have been convicted of Driving While Impaired three or more times, your license will be permanently suspended. But, an experienced attorney can help you ensure that permanently does not necessarily mean forever and will fight to get your driving privileges back.
Contesting Your Driver’s License Suspension
One of the first steps in DWLR defense is to deal with the underlying reasons for the suspension of your license. In Charlotte, a license may be suspended or even revoked for traffic violations and criminal offenses, for example:
- Failure to pay traffic fines
- Failure to appear for a court date
- Refusing a breathalyzer test
- Two convictions within a year for speeding over 55 miles per hour
- Reckless driving
- Twelve points on a license within a three-year period
You also risk losing your license for administrative reasons, including the failure to pay child support or a lapse in car insurance payments.
How long your license can be suspended for depends on the reason for the suspension. Below are a few examples of lengths of a license suspension:
- Suspensions for DUI/DWI or refusing a breathalyzer test could be up to 12 months or more
- Accumulating 12 points on your license within a three-year period could see you have your license suspended for up to 60 days
- Speeding in excess of 75 miles per hour could result in suspensions of up to a year
- If you receive two tickets for speeding over 55 miles per hour or more than 15 miles per hour over the limit, you may have your license suspended for up to 60 days.
Contact Charlotte Criminal Defense Attorneys
Our experienced criminal defense attorneys at Remington & Dixon are on your side. We have extensive experience with suspended and revoked driver’s licenses and can help you restore your driving privileges. Don’t hesitate to get in touch and let us protect your driving rights today.