Having your driver’s license revoked can lead to serious negative impacts on your life. It can limit your ability to get to and from your job, run errands, see your doctor, and even interact with family and friends. However, depending on the circumstances behind your license revocation and how those circumstances have changed, you may be eligible for a DMV hearing and have some or all of your driving privileges reinstated.
Applying for a hearing and trying to get your license back on your own is not an easy task. Having an experienced Raleigh attorney who is knowledgeable and experienced in DMV hearings and can fight on your behalf often leads to a much better outcome than representing yourself. The team at Kirk, Kirk, Howell, Cutler, & Thomas represent clients in their DMV hearings and can help you get your license and your life back!
What is a DMV Hearing in Raleigh?
A hearing with the DMV is for anyone who needs reinstatement of the following official documents:
- A revoked or suspended driver’s license
- Revoked vehicle plate (due to not having liability insurance)
- Operator license for a vehicle inspection station, car dealership, or mechanic
A hearing with the DMV is similar to a courtroom hearing, except these are not open to the public, and they’re held at the DMV. The proceedings are similar in that a hearing officer presides over the proceedings, reviews witness statements and evidence, and makes the final decision in restoring driving privileges.
The most common DMV hearings are for reinstating a revoked driver’s license, and in North Carolina, a driver’s license can be taken away for the following reasons:
- Failing to appear in court, even for minor charges and tickets
- Failing to pay a ticket
- Excess speeding
- Two speeding tickets in a year
- Accumulating 12 points or more on your driver’s license
However, the majority of revoked licenses and DMV hearings are due to issues related to DWI (driving while impaired) allegations or convictions, including:
- DWI conviction
- Ignition Interlock violation
- Refusing a breath or blood test to determine DWI
It’s important to note that three DWI convictions generally leads to a permanent license suspension, though after three years, the driver can apply for a DMV hearing.
How to Set Up a DMV Hearing in Raleigh
Getting a hearing with the DMV is not an easy or quick process, but having a qualified attorney in Raleigh to assist you can make it much less difficult. Once you’re eligible for a hearing, you need to fill out the proper forms to apply and include payment for the hearing up to $425. Drivers who meet income guidelines can submit an Affidavit of Indigence and proof of income, and the fees will be waived.
It’s important to note that in the case of DWI restoration hearings, an interview with the license holder must take place and a $225 fee must be paid.
After you and your attorneys have filled out the proper forms and submitted fees where applicable, your attorney will mail in the documents. You’ll receive your hearing date within 30 business days of submitting your information.
Working with an experienced attorney ensures that the correct forms will be filled out completely and accurately, the appropriate fees are paid, and it’s mailed in to the right location. Mistakes can extend the process, leading to a longer time to wait before getting your hearing.
Preparing for Your DMV Hearing
Before you and your attorney fill out the paperwork and get your hearing scheduled, it’s important to assess what caused the license revocation and fix any factors that caused it. Your lawyer can go over your driving record so they know exactly what the problems are, and together discuss what you need to do to show the DMV how circumstances have changed.
In some cases, paying a ticket or having a Failure to Appear stricken from the record will fix the problems and you can show this at your DMV hearing. However, if you’ve been convicted of a DWI, showing your behavior has changed is often necessary. Your attorney can help you with witness testimony, show proof of alcohol treatment when applicable, and show that you’re no longer a risk.
License Reinstatement for Medical Reasons
Sometimes, the DMV may revoke driving privileges due to a medical condition, such as:
- Seizure disorder
- Psychiatric disorders
- Neurological conditions, such as Parkinson’s Disease
- Cognitive issues, such as Traumatic Brain Injury
- Sleep disorders
If your driver’s license has been revoked, you and your attorney can apply for a DMV hearing, at no cost, and alleviate any concerns that your medical issues impact your driving. Having a lawyer to work with your medical professionals, file paperwork, and speak on your behalf can be beneficial.
Contact Our Raleigh Lawyers for DMV Hearing Representation
If your license has been suspended or revoked, we will work with you to get your driving privileges back, either fully or on a limited basis. Schedule a consultation today by calling our Raleigh office at (919) 615-2473 or fill out the form below to get started!
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