In some instances, that’s true even if it’s for your first speeding ticket or “moving violation” you’ve ever had.
In North Carolina, your driver’s license can be suspended by the Division of Motor Vehicles (NCDMV) for certain speeding violations that occur in another state.
Pursuant to NCGS § 20-23, the NCDMV has the authority to suspend your NC driver’s license for out of state convictions for certain out of state tickets as described in NCGS § 20-16(a).
The length of the suspension can depend on the type of conviction and may be, depending the nature of the offense, in the DMV’s discretion.
When NCDMV receives notice of an out-of-state speeding conviction that is grounds for suspension, the NCDMV will then notify the driver of the suspension by standard U.S. Mail. It is NOT required to use Certified Mail.
The Department of Motor Vehicles in North Carolina sends a notification letter via mail to the address listed on your driver’s license regarding the suspension and the process to request a hearing to appeal that suspension.
It is important to note that the timing of the letter depends heavily on when the NC DMV is formally notified by the other state of the conviction.
Sometimes that process can take a substantial amount of time, resulting in a surprise suspension notice months (and even possibly a year or more) after the offense.
1. Examples While traveling to work, the Defendant receives a ticket in South Carolina for speeding 82 mph in a 55 mph zone. The Defendant lives in North Carolina and has a valid North Carolina driver’s license. Instead of appearing in court, the Defendant decides to pay the ticket online. Subsequently, the South Carolina DMV notifies the North Carolina DMV of the driver’s conviction. A few weeks later, the Defendant receives notice from NCDMV that their license is scheduled to be suspended due the conviction of speeding over 75 mph out-of-state.
While visiting Disney world in Orlando, Florida, the Defendant receives a speeding ticket for 76 mph in a 60 mph zone. The Defendant is a NC resident with a valid NC drivers license. The Defendant does not contest the ticket and pays the fines online. The Florida DMV reports the conviction to NC DMV. Later that month, the Defendant receives a mailed letter from DMV stating their license will be suspended based on the out-of-state conviction.
The Defendant is traveling through New York and receives a ticket for speeding 78 mph in a 55 mph zone. After the Defendant returns home in North Carolina, he remembers about the ticket and pays the fine to avoid missing a court date. The NY DMV then notifies NC DMV of his speeding conviction. The NC DMV send notice to the Defendant that his drivers license will be suspended due to the conviction from NY.
All three examples can result in suspension notices from NCDMV.
2. Related Offenses Other related crimes offenses include:
3. Appealing the Suspension If your NC license is being suspended due to an out-of-state speeding conviction, you may be allowed to request a DMV hearing to appeal the suspension. The time frame to request a hearing is very narrow.
In order to request a hearing, the driver must submit a hearing request form with the associated hearing request fee (typically $100.00) to the NC DMV within the specified time frame. If the request is not submitted within the timeframe, then it may not be accepted.
4. Limited Driving Privileges If you missed the deadline to request a DMV hearing or if you are looking for another option during the suspension period, you may be eligible to apply for a Limited Driving Privilege in certain circumstances.
A limited driving privilege allows you to drive during a period of license suspension for specific purposes (i.e. work travel, household maintenance/errands). The privilege must be signed by a Judge, filed with the clerk of court, and submitted to NC DMV for approval.
You should consult with an experienced attorney to discuss the process and determine whether you meet the eligibility requirements to apply for a limited driving privilege.
5. Legal Counsel / Representation If you’ve received notice from the NC DMV that your license is being suspended due to an out-of-state speeding ticket, you should consult with an attorney to explore your options.
Powers Law Firm PA provides representation to clients seeking DMV hearings or wishing to apply for a Limited Driving Privilege in the Charlotte-Metro region. CALL NOW 704-342-4357.
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