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Charlotte DMV Restoration Hearing Lawyers
DMV Hearings in North Carolina carry consequences.
Done correctly, when the evidence comes out in your favor, the nightmare of a long-term suspension by NCDMV may finally end.
Failing to provide the proper documentation or personal character witness, or otherwise not satisfying the Hearing Officer at DMV, can further extend the revocation.
We think there is a right way and a wrong way to address NCDMV Restoration Hearings.
It frankly can be an emotional affair, where the burden of not being able to legally drive in North Carolina is expressed openly and honestly as part of the prayer for relief.
"I don’t think people realize what it’s like not being able to drive and the toll it takes on you emotionally. If you don’t have a valid driver’s license in North Carolina it’s easy to feel like you don’t matter."
- Bill Powers, Charlotte DWI Lawyer
One aspect for consideration involves the hardship a revocation imposes on those around you, your loved ones and your employer.
We make it a point to stress what efforts you’ve undertaken to comply with the law and not drive.
That may include riding a moped, the costs of UBER, lost employment opportunities, what it takes to get kids to the doctor or school, and everyday household maintenance.
DMV Hearings are more nuanced than providing a background check from the FBI, proof of completion of treatment, and heading off to a hearing, hoping for the best.
You have to be prepared. So do your witnesses.
There is a reason why some people openly cry after getting their license restored.
If you are allowed to again drive, it will literally change your life.
When is a Restoration Hearing Necessary?There are different reasons and legal fact-patterns that may necessitate a formal hearing with an NCDMV Hearing Officer.
Our defense lawyers spend a lot of time helping people with DWI charges.
We travel throughout North Carolina for impaired driving offenses, regularly appearing in jurisdictions such as Iredell County, Union County, Gaston County, Rowan, Lincolnton, and of course Charlotte, in Mecklenburg County.
What is the Difference Between DUI and DWI?
Relative to DMV Hearings, that may include providing legal advice to clients who have had more than one brush with the law and more than one conviction for “drunk driving.”
Whether you call it DWI or DUI or OWI or drunk driving, we provide guidance on the law, treatment options, and navigating a legal system that has become quite complex.
We also help people with license restoration issues in those counties and will undertake a matter for legal representation when appropriate and if we think we can help make a difference.
Some clients have an unfortunate history of DWI convictions and come to us, hoping and praying they may be eligible for a Hardship License, Limited Privilege, and/or some form of civil administrative relief in the form of reinstatement.
Proof of Insurance – DL-123 Form in North Carolina
Our process of legal representation begins with an initial consultation and asking a lot of questions.
People regularly misunderstand what it will take to get your license back, assuming it always requires formal Restoration Hearing.
That may not be the case.
Civil, administrative Restoration Hearings are only an option after the “hard suspension” period expires and certain conditions-precedent are met for reinstatement and/or restoration.
How Long is Your License Revoked After a DWI?After a DWI conviction in North Carolina, the Judge must enter a judgment against you.
If you don’t know what was Ordered or fully understand what may be required of you pursuant to the Court’s Order, that’s not all that unusual.
Can I Drive After a DWI Conviction?
Court can be a confusing place, especially for the uninitiated. There is a lot going on and a lot to understand.
"We focus on explaining things to clients about how things work and what to expect."
- Bill Powers, NC DWI Lawyer
As stated, after entering a plea of guilty to DWI or if you’re convicted of impaired driving after a trial, the Judge enters a ruling against you.
DWI lawyers may refer to that as the Judgment or “Judgment and Commitment.”
It’s a type of Order of the Court.
The Court gives her or his ruling in open court, telling the now convicted Defendant what will happen, including big picture items such as:
- Court Costs
- Fines
- Community Service
- Probation
- Substance Abuse Treatment
- Loss of License
If convicted, you are Ordered not to drive except as may otherwise authorized by NCDMV or a Limited Driving Privilege issued by the Court pursuant to the Judgment.
You execute (sign) a special form in court called a DL-53 in North Carolina.
That is a type of receipt, acknowledging the surrender of your driver’s license.
It makes clear your license is suspended and that you are not to drive from that date forward.
"Some Clerks of Court pull out their scissors and cut up the license right there and then."
- Bill Powers, DWI Lawyer Charlotte NC
The DL-53 is transmitted to NCDMV.
The date for the revocation due to a conviction for DWI charges is supposed to be immediately recorded by the Division of Motor Vehicles.
If you did not surrender your license to the Court (through the Clerk of Court) at the time of sentencing, the revocation may not be immediately effective.
It’s important to note, the Judge may Order you not to drive as part of the conviction. DMV will also have a say in the matter.
NCDMV will send formal notice of the revocation, often by letter, advising the driver the date and time of such that being 12:01 a.m. on the 11th day after the notification.
Where people get confused is that the revocation by the Court may be less than the suspension imposed by DMV.
North Carolina Restoration Hearing Lawyers – Powers Law Firm PA"The Judge may tell you not to drive. For multiple convictions, that suspension may be for a significantly longer period, if not ‘permanent’ in certain circumstances."
- Bill Powers, DWI Lawyer Mecklenburg County NC
If you’ve been suffering through an extended loss of your license and inability to drive legally in North Carolina, we’d like to help.
Our legal team has significant experience helping people through the restoration process which necessarily includes explaining the Restoration Hearing at DMV, preparing witnesses, and discussing the realities of the system.
"We think it’s a tremendous mistake to go into the hearing alone, without the benefit of an experienced lawyer. It’s a big deal if things go South."
- Bill Powers, DWI Attorney Charlotte NC
Call us now to schedule a confidential consultation: 704-342-4357
You may also Bill Powers directly at: Bill@CarolinaAttorneys.com
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