The Attorneys at Dummit Fradin are experienced in helping prevent License Suspension, and when they do occur, we work with our clients to get limited driving privileges and eventually getting driving privileges restored. Getting your privilege to drive restored is critical here in North Carolina since we have such poor mass transit systems.
Here are a few of the offenses which result in License Suspensions.
|Driving while impaired (first offense)||1 year|
|Driving while impaired (second offense within 3 years)||4 years|
|Driving while impaired (third offense within 10 years)||Permanent|
|Felony Death by Vehicle||Permanent|
|Misdemeanor Death by Vehicle||1 year|
|Speeding in excess of 55 mph, at least 15 mph over legal limit||30 days|
|Speeding in excess of 55 mph, at least 15 mph over legal limit (second offense)||60 days|
|Speeding in excess of 55 mph, at least 15 mph over legal limit|
while attempting to avoid arrest
|Willful racing with another motor vehicle||3 years (vehicle seized)|
|Watching, betting on or loaning a car for prearranged racing||3 years (vehicle seized)|
|Willful refusal to submit to a blood or breath test (If you lose the hearing)||1 year|
|Speeding plus reckless driving (same incident)||60 days|
|Two charges of reckless driving committed within 12 months||1 year|
|Getting a license or learner permit under false pretense||1 year|
NC DMV suspensions
In addition to criminal penalties that the court might mandate, conviction of certain traffic offenses will result in the loss of your driving privilege. In some instances there are provisions for a limited driving privilege and in others it is required to get a full License Restoration before you can drive.
The DMV can suspend your license for the following:
- Two convictions of speeding over 55 mph within a period of 12 months;
- One conviction of speeding over 55 mph and one conviction of reckless driving within a year;
- A conviction of willful racing with another motor vehicle, whether it is prearranged or unplanned;
Your driving privilege will be revoked for at least 30 days if you are convicted of:
- Driving any vehicle more than 15 miles per hour over the speed limit, if you are driving at a speed higher than 55 mph
It will be taken for 60 days if you are convicted of:
- A second charge of speeding over 55 mph and more than 15 mph above the speed limit within one year; or
- Speeding plus reckless driving on the same occasion.
The DMV can also revoke based upon:
- A suspended court sentence or part of a sentence mandating that you must not operate a motor vehicle for a specified period of time; and/or
- A conviction for speeding over 75 mph, in certain cases
In cases like the above, the DMV may suspend your driving privilege as soon as it receives the conviction report from the court. If your driving privilege is revoked, you may have the right to a hearing in the judicial district where you reside. To request a hearing, call or write to the DMV in Raleigh, however it is a technical process, and we recommend that you hire an experienced attorney. Failure to make requests in a timely manner can take away your right to a hearing completely!
If you believe your driving privilege should not have been taken and the hearing gives you no help, you may appeal the DMV’s decision within 30 days to the Superior Court of the county where you live. The court will review your case to see if there were proper grounds for taking your driving privilege. To protect your rights, it is important that you are well represented at every step in the process by an experienced attorney. It is critical that you have an attorney who is experienced in the small details of DMV administrative procedure as well as the law!