To Fight For Your Rights
DMV Restoration Hearing
Petitioning for restoration of your driver’s license is a relatively complicated process, in that NC DMV is given a tremendous amount of discretion and a license is often deemed a “privilege” in North Carolina and may not necessarily be a right of citizenship.
The name itself, a conditional restoration, following a period of revocation or suspension, means something. The Addendum to the Conditions of Restoration is often made part of the DMV restoration and appeals process.
As you might understand, if you fail to follow the conditions, they’ll take your license. Indeed, the Addendum to the Conditional Restoration Agreement has 18 unique requirements.
Important DMV Terms:
“Not to put too fine a point on it, but the restoration is conditional. There are conditions, lots of them.”
– Bill Powers, Charlotte DMV Appeals Lawyer
“The Division” - The North Carolina Department of Transportation / Division of Motor Vehicles. Lawyers often refer to it as NC DMV.
NCAC – The North Carolina Administrative Code – Supplements the criminal laws and criminal procedure act as further set forth in NCGA Chapters 14: Criminal Law, Chapter 15: Criminal Procedure, Chapter 15A: Criminal Procedure Act, and Chapter 20: Motor Vehicle Laws.
- FHO – Field Hearing Officer
- IID – Ignition Interlock Device
- Licensee – The Driver
The following materials have edited for ease of reviewing on-line. Part II of the Addendum begins with “HO-12” Paragraph 11:
- I understand that a failure to pay required hearing fees within thirty (30) days will result in the cancellation of the conditional restoration agreement and may stand as a block to any future license restoration
- Any evidence of tampering, circumventing or altering the ignition interlock device will result in the cancellation of the conditional restoration agreement
- Should my conditional restoration agreement be cancelled following an administrative hearing, then I agree to pay the required fee of $220.00 (Fees are subject to change from time to time) pursuant to North Carolina Administrative Code 19A NCAC 03K.01012
- Any complaints arising between me and the ignition interlock service provider should be addressed in writing to the Commissioner, Division of Motor Vehicles, 3101 Mail Service Center, Raleigh, North Carolina, 27699-3101
- I understand that any offense(s) that was committed prior to the effective date of this conditional restoration agreement upon which I am convicted of after the entry of this agreement, that would affect eligibility for conditional restoration, may be the basis for cancellation of this agreement
- I understand that any notice of possible cancellation of my conditional restoration from the Division WILL NOT notify me of any specific dates of ignition interlock violations. Upon notice of the possible cancellation of my driving privilege, I may inquiry with my ignition interlock service provider as to the violation dates within the violation reports. The interlock service provider IS REQUIRED to provide me with such violation reports
- If I conditionally restored under multiple suspension statutes (including but not limited to N.C.G.S. 20-19, 20-28, and/or 20-28.1) then I understand, consent and agree that a violation of the conditional restoration agreement for one revocation will cancel restoration for all suspensions currently conditionally restored
- I agree that the Division may modify the terms and conditions of this conditional restoration agreement. Any such modification may occur during a compliance hearing or through a separately scheduled modification hearing. Changes to the terms and conditions of the conditional restoration agreement are permitted and need not depend on my past behavior.
I hereby consent and agree to all the terms and conditions that have been explained in this addendum and in the conditional restoration agreement.
Hearing Officer:What is a Conditional Restoration Agreement?
It’s a written agreement between the “Licensee” and the Driver License Section of the North Carolina Division of Motor Vehicles. It is agreement with specified terms for the restoration of your NC license that sets forth:
- The type of license
- The conditions of licensure
- The consequences of additional moving violations
- Surrender of License Protocols
- The results of certain convictions for criminal charges
- Hearing Notice Requirements
- Ignition Interlock Device (IID) Installation
- Effective dates of restoration
- Expiration dates of conditional restoration
Put simply, it’s the additional terms associated with restoration of your license. It sets for the statutory basis for action, the costs, information about the National Driver Registry, and important contact information (address) of the different departments within NC DMV to whom to address concerns and correspondence.