Experienced DMV Hearing Lawyers
Drivers License and Driving Privilege Restoration
In North Carolina and most states in the nation, driving is a privilege, not a right. The North Carolina Department of Motor Vehicles (“NCDMV” or “DMV”) can suspend or revoke your right to drive even without a hearing and even if you’ve never been licensed in the state. While the DMV can undertake revocation for various reasons, the most typical ones include:
- Driving While Impaired (DWI)
- Driving after consuming while under 21
- Speeding too fast over the speed limit
- Acquiring too many points against your driver’s license
- Multiple open container violations
- Failing to pay for an accident that was your fault or
- Medical impairment
- Dropping out of high school
- Receiving moving violation convictions during a period of revocation
- Out-of-state convictions
If your license and driving privilege has been revoked or suspended you may be able to get back on the road sooner than you think. With the help of legal counsel skilled and experienced in matters before the NCDMV, it is possible to have your driving privileges restored. While every case is different, the criminal defense team at DeMent Askew & Johnson has the experience and knowledge to evaluate your case and quickly determine if you are eligible to request a DMV reinstatement/restoration hearing.
No matter your situation, if eligibility to request a DMV hearing exists, we can help you prepare your case, your witnesses, and work with your DMV hearing officer or medical panel, giving you the best opportunity to prevail in reacquiring the freedom a drivers license offers. At Dement Askew & Johnson, we are well versed in handling restoration and reinstatement hearings in cases falling within the NCDMV’s jurisdiction, including but not limited to the following type matters:
Russell W. DeMent III
Criminal Defense Lawyer
Misc. Defense Services
DWI RESTORATION HEARINGS
Upon a conviction for driving while impaired, your license will be automatically revoked for one year. If you have had multiple DWI convictions, a DMV restoration hearing may be required to reinstate your driving privileges. Under these circumstances, a DWI restoration hearing will typically include sworn witness testimony and exhibits. Though not open to the public, hearings are governed like those in a courtroom environment. Witnesses are placed under oath and interviewed individually. Ensuring you and your witnesses are prepared and that your exhibits are complete and in order is foundational to the success of the hearing’s outcome.
If your license has been revoked in North Carolina, it can prevent you from being licensed in another state, and multiple DWI convictions in North Carolina increase the time of revocation exponentially. Two DWI convictions equal a revocation of four years. Three convictions can invoke permanent revocation. If you have pleaded guilty to Felony Habitual DWI, your license will be revoked for at least 10 years. If you have waited this period of time to request driving privilege restoration, it is imperative to make the most of the opportunity a DMV Hearing provides.
REFUSAL REVOCATION HEARINGS
If you are suspected of driving while intoxicated, you may be asked to submit to a test that determines blood alcohol concentration (BAC). Consequences for refusing a BAC test are severe. If you are accused of failing to submit to the BAC test, your license will be revoked for one year. We can evaluate your arrest in detail and help determine if you have a valid chance of contesting the refusal license revocation.
At a refusal hearing, the arresting officer and analyst will testify and you will be allowed to present evidence that your test was performed incorrectly, that you did not willfully refuse to submit to the BAC, or that the test was done without probable cause. The hearing officer is the final arbiter who determines if all elements of the law were followed.
If you have been convicted of DWI in North Carolina and the Division of Motor Vehicles has conditionally restored your driving privilege, or you were convicted of DWI and a BAC of .15 percent or higher, an interlock device will be installed on your vehicle’s ignition. This device will require intermittent tests while you are driving and when you start your car. If the device registers alcohol, your drivers’ license will be automatically revoked. If this occurs, you are entitled to a hearing on the operation of the device and to provide an appropriate explanation as a defense. If your license has been revoked because of an interlock device reading, contact us today. We may be able to help.
EXCESSIVE SPEED HEARINGS
Citations for excessive speed over the posted limit by a certain number of miles per hour can rise to the level of reckless driving, causing your license to be suspended for up to a year. Citations from other states can also count against you, and if you paid a speeding ticket while traveling elsewhere, you have admitted the offense and plead guilty. In these instances, you may receive a letter from the DMV suspending your license for excessive speeding. We may be able to help.
MEDICAL REVIEW HEARINGS
If your driving privilege has been revoked due to a medical condition, like seizure activity or narcolepsy, and your medical condition has changed or improved, you are entitled to a review hearing that will allow the court to evaluate your current medical condition to consider restoration of your driving privilege. These hearings are technical and may require the testimony of your physician and other medical experts, in order to prevail in the reinstatement of your driving privilege. We can help you through this process.
At DeMent Askew & Johnson, we understand you need your driving privileges, to get to work and to take care of your family. DeMent Askew & Johnson has over 40 years defending our clients. Our team of lawyers, including two former prosecutors with their unique insight, have years of experience in defending cases before the DMV, and they are ready to start working on your case today. We will thoroughly evaluate your case, analyze your driving history, begin to gather evidence and obtain witness statements, and immediately start to work crafting your arguments tailored to your unique circumstances to prevail at your DMV hearing and ensure the restoration and reinstatement of your driver’s license, no matter what your particular set of circumstances may be. Although you will have to wait for a hearing date, in many cases, you have a limited time within which to request a hearing, and it is critical that you call us today.
Criminal Law Articles from the Blog
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CRIMINAL DEFENSE SUCCESS
Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop
All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.
Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…
Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop
Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…
Defendant was found asleep in the driver’s seat of his vehicle while his car was in the middle of the road. When he was found, his license was currently suspended for multiple prior DWI offenses. He was awakened by officers and asked to do standardized field sobriety tests. The defendant performed poorly on each of…
Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…
The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…
Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…
The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…
Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…
Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time
Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…
Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17
Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…
Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…
The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…
The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…
The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…
The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…
Defendant charged with 2 counts of habitual impaired driving on his 7th total offense. Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.
The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…
Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…