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If your license and driving privilege has been revoked or suspended you may be able to get back on the road sooner than you think.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 & Marshall 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:  

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.

INTERLOCK HEARINGS

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 & Marshall, we understand you need your driving privileges, to get to work and to take care of your family.  DeMent Askew Johnson & Marshall 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.

We are now DeMent Askew Johnson & Marshall

(919) 833-5555

We are now DeMent Askew Johnson & Marshall

RALEIGH | MOREHEAD CITY

919-833-5555

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CRIMINAL DEFENSE SUCCESSES

Jumping to conclusions… No PC on DWI

January 6, 2023

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Not Guilty on DWI

September 13, 2022

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Driving Too Fast, Moving Too Slow… DWI dismissed

January 6, 2023

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Violent Felony Dismissed

September 13, 2022

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Not Guilty DWI – No Probable Cause

March 26, 2019

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Not Guilty of DWI with Serious Collision

February 12, 2019

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Client found not guilty in DWI case.

June 4, 2019

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

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Possession with Intent to Sell or Deliver Marijuana Dismissed

January 5, 2023

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Not Guilty on Potential Aggravated Level One DWI

September 13, 2022

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Not Guilty on DWI

September 13, 2022

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

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DWI Dismissed After Unlawful Search

September 13, 2022

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No prison sentence for client facing 1 year.

June 4, 2019

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Felony Larceny Charge Dismissed

September 13, 2022

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No Consent, No Conviction on DWI

September 13, 2022

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

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7th Offense; Sentence reduction of 75%

June 4, 2019

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; No Jail Time for DWI Charge

February 12, 2019

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