Revoked or Suspended License
North Carolina traffic laws can possibly denote that certain drivers lose their licenses. Losing a driver’s license can stem from numerous situations, including having accumulated points on the license, a first-time DWI charge or other traffic violations. In these cases, some former drivers can possibly be left without their vehicles after being tried in court. If violators are caught driving without a license, the legal ramifications can potentially be severe.
If a driver who has had his or her license suspended gets behind the wheel and is caught, law enforcement officials have the opportunity be strict and may not take an offense like this lightly. Driving without a license can be construed as a blatant disregard for North Carolina traffic laws and, in this same vein, may come off as a form of disrespect to the police officer or the courts.
According to one North Carolina traffic law, the Division of Motor Vehicles should dictate the licensing of all drivers of motor vehicles. Drivers must have this license on them at all times when behind the wheel of any motorized vehicle. Another portion of that law says that anyone caught without a license while operating a motor vehicle may potentially be subject to penalties. These penalties can include a fine, jail time or possibly a combination of both. The violation can be considered a Class 2 misdemeanor and can cause a bit of a headache for the offender if he or she heads to court.Penalties for Driving with a Revoked or Suspended License
Those who are caught driving on a revoked license, however, may face a Class 1 misdemeanor with similar consequences, except these can perhaps be more severe. This Class 1 misdemeanor has the potential to lead to the permanent revocation of a driver’s license. The first and second offense can add one year and two years, respectively, to the suspension of a driver’s license that is already suspended when someone is caught driving without a valid license. Any offense after that, if the person is convicted, can put a permanent revocation of a driver’s license on the table for the court.
Those caught driving without a license that did not have it on them at the time have the option of bringing their valid driver’s license into court and proving that they are licensed to drive a motor vehicle in the state of North Carolina. A similar situation can exist for those who have an expired license. As long as the individual possessing the expired license has renewed it within 30 days of its expiration and can prove that they have done so, the charges of driving without a license can potentially be dropped.
North Carolina traffic lawyers, like those at Powers Landreth, can assist those in need of legal representation. Their desire to help stems from an understanding of traffic law in North Carolina, and they can help violators better understand their rights when it comes to driving without a license. Contacts Powers Landreth today for a free initial evaluation of your situation: (704) 342-4357.
Hey, I’m Bill Powers. I appreciate you checking out our website, especially if you’re dealing with DMV type of issues and you’re trying to figure out why your license is suspended, why your license has been taken away by DMV, what are the consequences of driving while the license is suspended, and is there anything you can do to fix this, meaning get you back on the road legally?
In our office, we tend to use the terms “revoked” and “suspended” interchangeably. There are some pretty technical variances, but long and short is that if you’re charged with Driving While License Revoked, and a lot of lawyers refer to this as DWLR, you’ll see this on the court systems, on our administrative office of courts database DWLR, Driving While License Revoked. It’s one of those type of offenses that it tends to bite you because it just starts adding up, meaning you got something that’s causing the license to be suspended or revoked that may or may not be still out there. You got this new charge, which may add additional period of time onto your period of revocation or suspension, and you’re still not going to, until you clear up that old matter or matters in one jurisdiction or multiple jurisdictions, you’re going to just remain revoked or suspended.
If you keep driving, eventually the courts get a little ornery about that, district attorneys get angry about that. It kind of seems like your flouting the law a little bit. A lot of people say, “Hey, Bill, I’m just trying to make a living. I’m just trying to work.” I get that, but it is a misdemeanor, and it’s something that you could end the nightmare if you just take a global approach.
We spend a lot of time talking with people and the first question I want to know is why is your license revoked or suspended? Sometimes people don’t know. Sometimes people don’t want to admit and they think, “Well, I’m just not going to tell them about that ticket I got in Florida somewhere when I was on vacation.” Our consultations are free and confidential at our office because we want to encourage you to tell us everything, and the point of having a lawyer is to kind of help you navigate what can be a very complicated system.
We travel North Carolina. I’m not saying we’re going to go to every jurisdiction. Sometimes we refer cases to other attorneys. If it’s an eight hour drive away, we may work with or consult with another attorney or refer you to them. If it’s in the Charlotte Metro region, Rowan, Iredell, Gaston, Meck, Union, Stanley, we got some lawyers we can travel around. The key is to try to figure out what’s causing the revocation, see if we can clear that up.
I don’t encourage just paying things off. I see this a lot, and if you see on our blog posts, this is an issue I address. Please, please, please, before you do anything, talk to a lawyer, whether it’s us or someone else. Don’t just pay things off. It can exacerbate or make worse an already bad situation. It could be really, really expensive. I recently did a blog post on this where I think the person asking the question on a message board, wasn’t a client, but something like a thousand dollars in restoration fees and costs and things like that.
We want to figure out what’s causing a revocation, see if we can clear that up, and then we want to see if you can get your driver’s license back because sometimes, it’s not a guarantee or a promise, but sometimes we’re able to get a prosecutor, the district attorney’s office, to offer something else other that Driving While License Revoked, because if you get a Driving While License Revoked during the period of revocation or suspension, it’s going to extend the period of time that your revoked or suspended.
Then there’s the worst type of offense. It’s Driving While License Revoked Impaired Revocation. Now, NorCar General Assembly has done a lot to try to clear the courts of some of these more administrative DWLRs, but the one area they’re not messing around with is Driving While License Revoked Impaired Revocation, meaning that you’ve had a DWI, alcohol related type of revocation or suspension. Maybe you’re in administrative revocation due to willful refusal. Maybe it’s the initial 30 days. A lot of different ways this can happen, and yet you still drive. Boy, they don’t mess around with this, because if you’re in a wreck and someone gets hurt or killed, you’re going from a pretty serious misdemeanor to possibility of a felony real, real, real fast.
While the General Assembly has been, I think frankly generous in trying to make it a little bit easier to navigate the system and clear up records, they are not playing with Driving While License Revoked Impaired Revocation, and we’re oftentimes trying to figure out how to keep our clients on this side of the wall, as my partner Chris McCartney likes to say. We like to keep you on the outside, at home, working, as opposed to the other side of the wall in jail, or prison, as the case may be.
Give us a call. Consultation’s free. We will be more than willing to take a look at the overall record, give you a global perspective, if we can. Maybe we can travel the different jurisdictions, fixing these different types of tickets, meaning, when I say fixing I mean trying to resolve them one way or the other. There’s no fix [inaudible 00:58:48], and then see what we can do ultimately to get you back on the road and holding that little plastic license that is so, so valuable that people don’t realize how valuable it is until it’s taken away.
I see a lot of these cases with older people, people my age that have gone years, and years, and years, and they say, “Enough. I want to just clear this up. I didn’t take it seriously before.” We do a lot of these, so we’re willing to sit down with you and try to work it out. I really think that the system in North Carolina is trying to do that more as a whole, but you got to be careful about how you do it.
We get calls from people to say, “I called DMV and they said do this and it caused this,” or a police officer, even though they’re writing a ticket, is trying to help you out, and maybe you get some advice that they don’t know all the factors, and it’s caused an additional period of revocation or suspension.
We’re here to help. That’s why our telephone number is (704)342-HELP, and I hope to hear from you. Have a great day.