These questions are designed for a general overview. For specific answers to your situation, please consult with an experienced attorney. 1. What are some common ways that a person’s license can be revoked in North Carolina?
A person’s license can be revoked for a number of reasons in this State. Some of those reasons include failing to appear in Court on a traffic ticket, failure to pay fines once a traffic ticket is disposed of, being convicted of a traffic offense in another State. Speeding in Excess of 15 miles over the speed limit if the speed limit is at least 55, being behind on your child support obligation, having accumulated more than 12 points in one year, being convicted of a moving violation during a period of suspension, etc.
2. How can my License be revoked if I have never had a license?
You do not have to have ever had an actual Driver’s License in North Carolina for your license to be revoked. The North Carolina DMV revokes a person’s privilege to drive in this State for any of the reasons listed in Question 1 above.
3. What is the difference between a suspension and a revocation?
There is no difference between a suspension and a revocation. The terms are used interchangeably.
4. What are the possible penalties of Driving While License Revoked in North Carolina?
Before December 1, 2013, a person convicted of Driving While License Revoked in North Carolina could be sentenced to a jail term of up to 120 days for any DWLR offense. On December 1, 2013, the law changed. Now, a person charged with Driving While License Revoked can no longer be arrested and placed under a bond prior to conviction unless the person is originally revoked because of a Driving While Impaired Conviction. In this instance, a person can also be sentenced to jail for up to 120 days.
If the person is not revoked due to a Driving While Impaired Conviction, he/she cannot be arrested and placed under a bond and he/she cannot receive a jail sentence. Other license issues will occur.
5. Does a Permanent Revocation mean that I can never get my License again?
No, a Permanent Revocation simply means that before your license can be reinstated, you must have a DMV hearing and that you have to wait for three years after your last conviction before you can request a hearing with the DMV.
6. What happens if a person is convicted of Driving While Impaired?
A person can be sentenced for up to two years in prison, be ordered to pay fines, costs and to take a substance abuse assessment and comply with any recommendations prior to getting your license revoked. For a first offense of Driving While Impaired, your license will be revoked for 1 year. The penalties are more severe for subsequent DWI convictions.
7. What is a PJC?
A PJC, or Prayer for Judgment Continued, is an Order by the presiding Judge that the Guilty Plea or Finding of Guilt not Count as a Conviction, meaning that you won’t have any consequences with the DMV, unless you have used more than 2 PJC’s in a five year period.
8. What happens if I get stopped for Speeding or another traffic offense and my License is revoked but the officer only charges me with Speeding?
If you are subsequently convicted of a Speeding Ticket or any other moving violation while your license is revoked, you will be suspended by the DMV for a period of between 1 to 3 years, depending upon how many times you have been convicted of a moving violation while you were suspended.
9. What happens if my License is revoked and I get stopped for a traffic offense in another State?
You will suffer consequences from the stop only if you are convicted, unless you are stopped for a DWI in another State. If you are stopped for DWI, then you may have a Civil Revocation in North Carolina before you are convicted.
10. What happens if my License is revoked and I get convicted of a traffic offense in another State?
If you are convicted of a moving violation in another State, once the North Carolina DMV gets notification of that conviction, the DMV will in turn send you a letter notifying you of the start date of a new suspension.
11. What if I have an International Driver’s License?
Having an International Driver’s License is not going to save you from getting charged with Driving While License Revoked in North Carolina if your North Carolina Driver’s License or privilege to drive in this State is revoked.
12. What if I have a License from another state that is revoked and I get stopped for a traffic offense in North Carolina?
If your out of state Driver’s License is revoked, then your privilege to drive in North Carolina is likely to be revoked, as well, as North Carolina recognizes suspensions from other states.
13. I have Failures to Appear in more than one county. Can I have one lawyer represent me on those charges?
At the Peterkin Law Firm, we offer services in other Counties. In fact, that is one of the differences in our Law Firm as compared to others. We believe that it is best to have one attorney represent you on all matters, so that the same strategy can be used to assist you in restoring your license.
14. What can an attorney do for me if my License is revoked and I do not have any failures to appear or failures to pay fines?
An Attorney can possibly file a Motion for Appropriate Relief to fix old traffic convictions and/or go to DMV to assist you with a Hearing in front of a Hearing Officer.
15. What if I can’t pay my old fines and costs?
There is a possibility to get fines and costs remitted under the right circumstances. Also, if the Judge is willing to let you do community service in lieu of paying fines and costs, this will save you money.
16. Why shouldn’t I just pay the Court Costs and Fines instead of hiring an Attorney and going to Court?
When you pay off court costs and fines prior to going to Court, you are pleading guilty to the offense as charged. If your license is revoked, this will cause an additional revocation of your license, and it will prevent you from becoming a legal driver in the State for even longer.
For more information call Attorney Clay at (910) 728-4930 or e-mail her at Jennifer@peterkinlegal.com or text her at (919) 633-7529.