Do I Need a Lawyer for a DMV Hearing?
Boxing legend Mike Tyson is purported to have once said, “Everyone has a plan until they get punched in the mouth.”
It’s not until you enter the arena and step into the ring that the reality of the battle starts to sink in. It seems pretty straightforward and no big deal on TV, that is until you’re the one looking square into the eyes of your opponent.
DMV restoration hearings in North Carolina are easy to under estimate. And while they’re not exactly the same as fighting Mike Tyson for 12 rounds, you might still feel battered and bruised if you go into the DMV ring by yourself.
Indeed, sitting in the waiting room outside the Hearing Office, wondering what’s going to happen at the DMV hearing, can be a mighty lonesome place. Even getting a restoration hearing in the first place may be substantially more complicated than you realize.
People regularly project a, “They can’t do that, that’s no fair, my friend got his license back and he didn’t have to do that” theory to license issues, not understanding what they truly face or how complex the entire system can be.
License revocation and restoration hearings are generally as complex as the legal issues and charges that cause the problems in the first place. Thinking you can roll into DMV and giving them ‘what for’ is a mistake - Bill Powers, License Restoration Attorney
Reinstatement of your NC driver’s license, if revoked or suspended by DMV, may require jumping over a series of legal hurdles. That is especially true for DWI suspensions and attempts to reinstate your license privileges after a conviction or two for drunk driving or DWLR Imp Rev in North Carolina.
The laws authorizing administrative action are complicated, often involving a complex review of several different NC criminal laws. As defense attorneys we approach criminal charges and DMV traffic ticket issues in a holistic manner.
Most clients see the citation, not understanding the long-term implications. You may think, “I got a ticket, I don’t want my insurance rates to go up,” not understanding there can be an intricate interplay between the courts, DMV, and your insurance company going on.
There is often more to consider than just insurance points or DMV driving points. A lot depends on the nature and circumstances of the ticket or criminal charges.
At least in part, the person facing criminal charges, whether they be felony or misdemeanor offenses, should necessarily also consider their individual driving history.What Happens at a DMV Hearing? Can I Get My License Back?
While a reasonable question, what often really matters is what happens before the DMV restoration hearing. In fact, getting a hearing scheduled is not automatic.
It can be quite complicated even explaining the legal process. Clients occasionally become frustrated with the restoration hearing application, sometimes choosing to drive without a license.
Frankly, that’s never a good idea. If you’re suspended in NC for DWI or other implied consent offense, or have been revoked for additional charges, it’s not just a matter of a license issue. You’re looking at the possibility of jail time in North Carolina.
Continuing to drive, in addition to being yet another criminal charge, may result in longer and longer periods of revocation or suspension. Judges and prosecutors necessarily take a dim view of people who continue to drive after DWI, despite a revocation or suspension.Why is My License Revoked?
That’s actually one of the best ”first questions” to ask. Determining why your license is suspended or revoked in North Carolina, what caused the revocation, and whether the revocation or suspension was legal (complies with the criminal laws), is an important first step.
The Defense lawyers at our law firm may want to “pull a record.” We’ll need your full name, date of birth, driver’s license number, and social security number to pull an official NC Department of Transportation / Division of Motor Vehicle record check.
At Powers Law Firm PA, we believe there is no substitute for a formal record check, one that comes from DMV itself. After that, it may also require handling some administrative matters in court, including clearing up old traffic tickets.
“Each case is different. The LAST thing people should do is pay off old citations without first seeking legal advice. We’ll sit down and explain your legal options.” Bill Powers, Criminal Defense Attorney
If you have a license suspension issue or other legal matter involving NC DMV suspensions, revocations, and restoration hearings, we’re here to help. Give us a ring at: 704-342-4357
You may also reach Bill Powers by email: Bill@342help.com
People also asked: