Has your North Carolina driver’s license been suspended or revoked? Depending on the circumstances, you might be able to request a hearing with the North Carolina Division of Motor Vehicles (DMV) to reinstate your license. As an experienced North Carolina criminal defense attorney, I represent clients not just in a courtroom but in front of the DMV as well. Here is what you should know about a DMV restatement hearing.
What Is a North Carolina DMV Hearing?
If you’ve been convicted of certain traffic offenses, the DMV has the power to revoke or suspend your driver’s license. You might be able to request a hearing to determine whether or not the DMV will reinstate your license. While this is not a court hearing, you are allowed and encouraged to have an attorney present and representing you at the hearing.
Examples of DMV Hearings
There are a few situations where you can ask to have your license restored via a DMV hearing. Among the most common are reinstatement hearings after your license has been revoked for one of the following reasons:
- Multiple DWI Convictions: If you have been convicted of three or more DWIs, your license will be permanently suspended. Nevertheless, I may be able to represent you at a DMV hearing to restore your driving privileges.
- Refusal of a Breath or Blood Test: If you are stopped for a suspected DWI, you can choose whether or not to submit to a breath or blood test. However, if you refuse either test, your license will automatically be revoked for one year. I can represent you at a DMV hearing to challenge your automatic suspension.
- Medical Reason: The DMV can take your license away for certain medical conditions that would prevent you from driving safely. I can represent you at a DMV hearing to argue that your medical condition does not prevent you from being a safe and responsible driver.
- Driving With a Revoked License: If your license is already revoked and you are convicted of another traffic violation, the DMV will revoke your driving privileges (again). If you receive three or more violations during this period, your license will be permanently revoked and you will have to wait three years until you can request a restoration hearing. There may be the option, in this case, to receive a limited driving privilege from the State.
What Can I Expect At My DMV Hearing?
DMV hearings follow similar procedures to that of a traditional courtroom. Instead of a judge, a hearing officer will preside. Both sides are permitted to present evidence and witnesses and you will be allowed to testify and answer questions about your driving history, focusing on the incident(s) that resulted in the suspension or revocation of your license.
How Can I Prepare for My DMV Hearing?
At your hearing, you will present evidence to the DMV to show that you are responsible and deserve to have your driving privileges restored. You can prepare for your hearing by providing us with all of the relevant information, whether that is proof of completion of your substance abuse treatment program, witness testimony of your sobriety, or medical records showing you are not a danger behind the wheel.
Reach out to us via our 24/7 online chat to learn more, or give us a call at 919-587-8544.