Having your teen start driving can be a scary and also liberating experience with the convenience of not having to drive him everywhere. Fortunately, North Carolina has a graduated license system to give your teen practice driving under supervision before receiving independent driving privileges. However, the law is very strict when a teenager receives a moving violation, and it is important that you and your teen understand these harsh consequences. Our When Can a Teen’s Provisional License Be Suspended?
If a young driver has a provisional license and receives a moving violation, he can have his license suspended. However, for purposes of this law, a motor vehicle moving violation does not include one that does not result in points being assessed on a driving record. Here are the basic rules on a provisional license being suspended:
- First offense. The provisional license will not be suspended for the first moving violation.
- Second offense. If there is a conviction of a second moving offense within 12 months of the first violation, the teen’s license may be suspended for up to 30 days.
- Third offense. A provisional license may be suspended for up to 90 days for a conviction of a third moving offense within 12 months of the date of the first violation.
- Fourth offense. A fourth conviction of a moving violation within 12 months of the first conviction can result in a six-month suspension.
If there are two convictions for the same incident, it is only treated as one offense when determining how long a provisional license should be suspended. These suspensions can be with or without a hearing. If a provisional license is suspended for 90 days or more, a parent or guardian may be able to petition the Department of Motor Vehicles for a probationary reinstatement. However, there may be a lengthy period before a hearing is scheduled—up to half the time of the suspension.
A teen’s provisional license can also be suspended if he fails to meet other certain requirements, such as enrollment in school or a high school equivalent. A suspension under this rule could last until he turns 18 years old.
Revocation of Provisional Licenses
In some cases, a teen can face a revocation of his provisional license. There is an automatic 30-day revocation of a provisional license if the teen driver is charged with a criminal traffic violation which is punishable as a misdemeanor or felony. This rule applies to drivers who are 16 or 17 years old and have a limited learner’s permit or a provisional license. Criminal traffic offenses include:
- Driving while impaired (DWI)
- Driving while impaired when driving a commercial vehicle
- Operating a motor vehicle by a person less than 21 years old after consuming alcohol or drugs
- Habitual impaired driver
- Driving with an open container of alcohol in the passenger area of the vehicle and where the driver is consuming or was consuming alcohol
- Felony, aggravated felony, and misdemeanor death by vehicle
- Felony and aggravated felony serious injury by vehicle
In addition, a provisional license will be revoked if a teen is convicted of certain crimes, such as DWI under both the DWI statute and the statute governing provisional licenses.
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