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DMV Hearings in Raleigh

If you need to request a hearing to resolve your North Carolina driver’s license suspension or revocation, it is in your best interest to immediately retain legal counsel. The Coolidge Law Firm helps clients accused of traffic violations in Apex, Holly Springs, Garner, Fuquay-Varina, Cary, Knightdale, and many surrounding areas in Raleigh.

David Coolidge is an experienced criminal defense lawyer in Raleigh who also defends students at such local institutions of higher learning as North Carolina State University, Meredith College, Duke University, and Shaw University. Call today to have our attorney review your case and discuss all of your legal options during a free initial consultation.

DMV Hearing Attorney in Raleigh

The North Carolina Division of Motor Vehicles (DMV) has the power to suspend or revoke the driver’s licenses of motorists in the Tar Heel State who have been convicted of certain traffic offenses. In order to have driving privileges reinstated, many alleged offenders must request hearings to argue for the reinstatement of their driver’s license.

While DMV hearings are not held in traditional courtrooms, they still follow procedures that are similar to criminal trials. In addition to presenting evidence and witnesses to support their cases, alleged offenders will testify under oath and answer questions about their driving history (as well as possible alcohol consumption if the suspension or revocation is related to a drunk driving offense).

(919) 239-8448

Overview of DMV Hearings in Raleigh

When can a person request a DMV hearing?
How do DMV hearings normally work in North Carolina?
Where can I find more information about DMV hearings in Raleigh?

Types of License Suspensions and Revocations in Raleigh

People can have their licenses suspended or revoked in North Carolina for a variety of reasons. The underlying offense that leads to a suspension or revocation determines when an alleged offender is eligible for a DMV hearing.

According to the North Carolina Department of Transportation (NCDOT), the lengths of suspensions or revocations and hearing eligibility is as follows for these common traffic violations:

Offense	Length of Suspension/ Revocation	Discretionary Pre-Hearing Allowed	Hearing Allowed After Mandated Minimum Time
Driving While Impaired (DWI) — First Offense	One year	No	No
DWI — Second Offense	Four years	No	Yes (Two years)
DWI — Third or Subsequent Offense	Permanent	No	Yes (Three years from date of last conviction)
DWI Test Refusal	One year	Yes	No
30-Day Civil Revocation	30 days (extends until compliance with the court)	No	No
Driving with Suspended or Revoked License — First Offense	One year	No	Yes (90 days)
Driving with Suspended or Revoked License — Second Offense	Two years	No	Yes (One year)
Driving with Suspended or Revoked License — Third or Subsequent Offense	Permanent	No	Yes (Three years)
Failure to Appear	Indefinite	No	No
Failure to Pay Fine	Indefinite	No	No
Speed Over 55 MPH and Exceeding Limit by More Than 15 MPH — First Offense	30 days	No	No
Speed Over 55 MPH and Exceeding Limit by More Than 15 MPH — Second Offense within 12 Months	60 days	No	No
Speed Over 55 MPH and Exceeding Limit by More Than 15 MPH with Conviction for Reckless Driving	60 days	No	No
Speed Over 55 MPH and Exceeding Limit by More Than 15 MPH — Two Convictions Speeding Over 55 MPH in 12 Months	Up to six months	Yes	No
Accumulation of 12 Points in Three Years —OR— 8 Points in Three Years Following Reinstatement of License — First Suspension	60 days	Yes	Yes
Accumulation of 12 Points in Three Years —OR— 8 Points in Three Years Following Reinstatement of License — Second Suspension	Six months	Yes	Yes
Accumulation of 12 Points in Three Years —OR— 8 Points in Three Years Following Reinstatement of License — Third or Subsequent Suspension	One year	Yes	Yes
Moving Violation While License Suspended— First Offense	One year	No	Yes (90 days)
Moving Violation While License Suspended— Second Offense	Two years	No	Yes (One year)
Moving Violation While License Suspended— Third or Subsequent Offense	Permanent	No	Yes (Three years)
Violation of Ignition Interlock Restriction	One year	Yes	No

Raleigh DMV Hearing Process

When an alleged offender is eligible to request a DMV hearing, he or she will need to submit various forms and required documentation. Instead of a judge, any DMV hearing is overseen by a hearing officer.

During a DMV hearing, an alleged offender may submit evidence or call witnesses to present the case as to why his or her license should be reinstated. Evidence that can be submitted may include proof of DWI breath tests being improperly administered, false positives on ignition interlock device tests, or other law enforcement errors.

A criminal defense lawyer may be able to file a motion for appropriate relief in order to challenge a previous judgment and possible get your license reinstated. Even if the DMV hearing does not provide the relief that you are seeking, you will have 30 days to appeal the decision to Superior Court.

DMV Hearing Resources in Raleigh

NCDOT | License Suspensions and Revocations — NCDOT is responsible for maintaining approximately 80,000 miles of roadways as well as 18,000 bridges and culverts across North Carolina in addition to regulating and implementing programs to support rail, aviation, ferry, public transit and bicycle and pedestrian transportation. The department includes the North Carolina DMV, whose mission statement establishes that the division “delivers quality motor vehicle services, promotes highway safety and furnishes timely and accurate information by providing excellent customer service, enforcing motor vehicle laws and maintaining the integrity of official DMV records.” On this section of the NCDOT website, you can learn more about suspensions and revocations, find information about fines and payment options, and read answers to frequently asked questions.

Share the Road | North Carolina Driver’s Handbook — View the full text of the handbook NCDOT provides motorists in the Tar Heel State. Learn more about your license, your driving privilege, and how the DMV serves you. Hearings are also discussed under the Suspension section of the handbook.

Contact a Raleigh DMV Hearing Attorney Today!

Has your driver’s license been suspended or revoked in the Research Triangle? If you are eligible for a DMV hearing, you will want to be certain that you have knowledgeable legal representation. The Coolidge Law Firm represents individuals in communities all over Raleigh, such as Zebulon, Wake Forest, Rolesville, Morrisville, Wendell, and many others.

Raleigh criminal defense attorney David Coolidge also helps students at local colleges like Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), and William Peace University. He can provide an honest and thorough evaluation of your case during a free, confidential consultation as soon as you call (919) 239-8448 or complete an online contact form today.

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