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If you are facing a driver's license suspension, the idea of a North Carolina Department of Motor Vehicles (DMV) hearing can feel overwhelming. But you're not powerless. By understanding how the driver’s license restoration process works in North Carolina, you can take meaningful steps to protect your rights and driving privileges.
Our experienced North Carolina DWI lawyers at Browning & Long, PLLC, are here to help you prepare for and fight your driver’s license suspension at a DMV hearing. We can also mount an aggressive defense strategy to challenge the underlying criminal charges.
Reasons You Could Need to Request a DMV Hearing
If your driver’s license has been suspended or revoked or will be soon, you would need to request a DMV hearing to restore your right to drive. The North Carolina DMV could suspend your license for many reasons:
- DWI arrests or convictions
- Accumulating too many traffic violations or points on your record
- Medical conditions that may impact your ability to drive safely
- Failing to maintain proper insurance coverage
- Failing to pay traffic tickets
- Refusing to take a breathalyzer test after being arrested for DWI
- Excessive speeding
- Not attending required court hearings
What Is a DMV License Hearing?
A DMV license hearing is an administrative proceeding where you can contest a proposed driver’s license suspension or revocation. In North Carolina, these hearings are conducted by the DMV hearing officials rather than a judge.
Steps You Should Take Before Requesting a DMV Hearing
If your driver's license has been suspended, you should take the correct steps before requesting a DMV hearing. Here is what you need to do:
- Obtain your driving record. You should order a copy of your driving record to identify the specific violations that led to your suspension or revocation. You can request this record online, by mail, or in person at a DMV office.
- Address any resolvable issues. Before requesting a hearing, you must resolve any problems that led to your license being suspended, such as paying outstanding traffic tickets or fulfilling missed court appearances. Sometimes, you may need to wait for a designated suspension or revocation period to expire.
- Gather required documentation. Obtain any documents you must submit, along with your request for a hearing. Depending on your situation, this may include certified copies of your driving record, criminal history records, substance abuse assessments, and proof of completion of court-mandated treatment programs.
- Hire an attorney. A knowledgeable DWI attorney can guide you through the process of requesting a DMV hearing and build a strong case for regaining your driving privileges.
How Do You Request a DMV Hearing in North Carolina?
When you receive notice of an impending license suspension, you may have a limited window to request a hearing. In other cases, you may be able to request a hearing after you have fulfilled your sentence or other conditions for restoring your driver’s license. You can request a hearing online or by mail.
What to Include in Your Hearing Request
Our skilled DWI lawyers can help you file your request for a DMV hearing. You will also have to pay the required fee, which varies depending on the reason for your license suspension. Your written request should contain:
- Your full name, address, and driver's license number
- A clear statement that you are requesting an administrative hearing
- The specific action you are challenging (e.g., a particular suspension or revocation)
- A copy of the official notice you received about the proposed action
How Should You Prepare for Your DMV License Hearing?
Gathering evidence and building your case for your DMV hearing is crucial. The hearing officer will review all relevant facts to determine whether the suspension or revocation is warranted under North Carolina law.
Evidence to Present at Your Hearing
Depending on your situation, helpful evidence may include:
- Documentation of your driving record and history
- Medical evaluations or treatment records
- Witness statements or expert testimony
- Proof of completed traffic safety courses or substance abuse treatment
The Role of a North Carolina DWI Lawyer
While you are not required to have an attorney at your DMV hearing, being represented by our dedicated DWI lawyers can make a significant difference in the outcome of your hearing. Here are ways our attorneys can assist you:
- Understand the specific issues in your case
- Identify the strongest evidence and arguments to present
- Prepare your testimony and cross-examine any opposing witnesses
- Explore alternative resolutions to preserve your driving privileges
What to Expect at the DMV Hearing
On the day of your hearing, our lawyers can present your case to the hearing officer and respond to any evidence against you. You and any witnesses will be sworn in like at a court hearing before testifying.
Our lawyers and the hearing officer will question you when you testify. You will need to answer questions about the following:
- Why your license was suspended
- How you’ve served any sentence and followed any conditions set for reinstatement of your license
- How you’ve rehabilitated yourself
- How not being able to drive is a hardship for you and your family
The officer will then make a determination based on the facts presented and the applicable legal standards. In most cases, the hearing officer has the power to:
- Uphold the proposed suspension or revocation
- Dismiss the action and preserve your driving privileges
- Modify the proposed action (e.g., allowing limited driving privileges)
- Postpone a decision pending additional evidence or investigation
Facing the threat of a suspended license is stressful, but remember: you have the right to be heard. Let our DWI lawyers at Browning & Long, PLLC, help you build a strong case, so you can take proactive steps to protect your driving privilege.
