Having your driver’s license suspended or revoked can be very distressing and disruptive, especially if you rely on your car to get to work, school, pick up your kids, or handle other vital commitments. Such a development can significantly affect your career, education, and many other aspects of your life.
However, as tempting as it may be, you should never attempt to get behind the wheel with a revoked or suspended license as this can have dire consequences including further suspensions, jail time, hefty fines, and other penalties.
At McIver Law Firm, our Winston Salem suspended license lawyer understands the frustration that comes with losing your license, and that’s why we are committed to helping you regain your driving privileges as soon as possible and prevent further issues.
If you are facing a license suspension in Winston Salem or have already had your license suspended, don’t hesitate to get in touch with our team of skilled Winston Salem criminal defense attorney at 336-727-9886 to ensure the best outcome in your case.
What Are Common Reasons for a Suspended Driver’s License?
There are plenty of reasons why your driver’s license may get suspended in North Carolina. Below, we have outlined various situations that can get your license suspended:
- Getting a driving while impaired (DWI) conviction
- Refusing to submit to a breath test
- Accumulating 12 or more points on your driver’s license for moving traffic violations within a three-year period
- Operating a vehicle without auto liability insurance
- Driving without a license or with a suspended or revoked license
- Committing vehicular homicide
- Failing to respond to a notice from the North Carolina Department of Motor Vehicles
- Failing to appear in court
- Failing to pay traffic tickets, fines, or surcharges
- Failing to pay child support
- Engaging in illegal actions such as racing and speeding by at least 15 mph over the speed limit
- Getting certain out-of-state convictions
It is important to note that the duration of the suspension will vary depending on the type of offense as well as the presence of aggravating factors.
What Are the Laws on Suspended Licenses in North Carolina?
Under North Carolina state law, it is illegal to drive a motor vehicle on a public road with a suspended or revoked license. Under the law, “driving” means having physical control of the vehicle, which also includes when the vehicle is stationary but the engine is running.
In North Carolina, driving with a suspended or revoked license is generally classified as a Class 3 misdemeanor. This offense is upgraded to a Class 1 misdemeanor if the suspension was caused as a result of a DWI conviction.
Additionally, commercial vehicle drivers who are caught driving with a revoked or suspended license face a Class 1 misdemeanor. The length of the suspension period will depend on the reason for the license suspension and any previous violations on the offender’s driving record.
A driver who receives a first-time conviction for driving with a suspended license faces further suspension for a period equal to the suspension period for the first offense.
A driver who receives a second-time conviction for driving with a suspended license faces additional suspension for a period equal to two times the duration of suspension for the initial offense. Any subsequent conviction will result in a permanent revocation.
Upon the suspension of a driver’s license, the North Carolina Division of Motor Vehicles shall notify the driver in writing immediately. The Division is also required to afford the driver an opportunity for a hearing no later than 60 days from the date of receipt of the request for a hearing from the driver unless a preliminary hearing was held before his license was suspended.
Any aggrieved driver has the option of appealing the DMV’s decision within 30 days with the Superior Court of their residential county.
What Are the Penalties for Driving with a Suspended License?
Driving with a suspended license in North Carolina is a serious misdemeanor offense. It is officially referred to as driving while license revoked (DWLR) and carries severe consequences.
As noted, driving with a suspended license, in the absence of aggravating factors, is a Class 3 misdemeanor. A conviction carries a jail term of up to 20 days as well as a $200 fine.
However, if the license suspension was the result of a DWI conviction, the driver will be charged with a Class 1 misdemeanor. A conviction carries much heftier penalties including up to 120 days in jail and a fine to be set by the judge
In terms of the impact of a DWLR on your driving privileges, a conviction for driving with a suspended license adds an additional year to your current suspension for the initial offense. A second conviction adds two years to the suspension, while a subsequent conviction leads to a permanent revocation.
Depending on your unique situation, you may face other penalties such as probation, electronic monitoring, and community service.
What Are the Aggravated and the Mitigating Factors?
When caught driving with a suspended license in the state of North Carolina, the presence of certain factors can affect the severity of your charges and subsequent penalties. Factors that increase the severity of your penalties are known as aggravating factors while those that lessen the severity of your penalties are known as mitigating factors.
Aggravating Factors
- A conviction for a previous offense involving impaired driving that occurred within five years of the current offense.
- Driving with a suspended license while under the influence of drugs or alcohol.
- Driving while with a minor or a person with a physical disability preventing unaided exit from the vehicle.
- Causing an accident that results in property damage, serious bodily harm, or death of another.
- Driving recklessly with a suspended license.
- Getting a conviction for speeding while fleeing or attempting to avoid arrest.
- Driving with a suspended license while on probation
- Driving with a suspended license while on parole
Mitigating Factors
- You had a valid reason for driving with a suspended license, for example, driving to work or school.
- You have a clean criminal record and this is your first offense
- You have shown remorse for your actions
- You are cooperative with law enforcement
- You have a valid license from another state and were unaware that your North Carolina license is suspended
- You were dealing with a medical or family emergency
How Can a Suspended License Attorney Help Me?
Finding yourself with a suspended or revoked license in North Carolina can be a challenging and frustrating situation, to say the least.
However, hiring a Winston Salem suspended license lawyer greatly helps in navigating the legal process and maximizing your chances for the best possible outcome in your case. Here’s how an experienced suspended license attorney can help:
Offering Expert Legal Guidance
Dealing with the legal process of having your driving privileges restored can be very overwhelming, especially if you are unfamiliar with all the procedures and requirements. A suspended license attorney will guide you through the entire process, ensuring that you meet all necessary deadlines, complete required paperwork accurately, and fulfill any other legal obligations.
Securing Limited Driving Privileges
A skilled suspended license lawyer may be able to help you get limited driving privileges, such as driving to a particular destination or during a specific time of day.
Negotiating With the DMV
In some cases, a suspended license attorney can negotiate with the North Carolina Department of Motor Vehicles (DMV) on your behalf. They can present your case, provide supporting evidence, and argue for a reduction in the length of your suspension or the removal of certain restrictions.
Minimizing Potential Consequences
A suspended license can carry severe consequences, including fines, increased insurance premiums, and potential criminal charges if you are caught driving with a suspended license. A skilled attorney will work to minimize these consequences and protect your rights.
Legal Representation
If your case requires a hearing or court appearance, a suspended license attorney will provide you with strong legal representation.
Reach Out to an Experienced Winston Salem Suspended License Lawyer Today!
If you are facing a license suspension or revocation or have already had your license revoked or suspended in Winston Salem or surrounding areas, you need to act quickly and contact an experienced suspended license lawyer. Working with a skilled attorney is your best chance of retaining or regaining your driving privileges and minimizing potential consequences in case of a conviction.
At McIver Law Firm, we have a proven track record of helping our clients restore their licenses to good standing. We can do the same for you. Call our experienced Winston Salem suspended license lawyer at 336-727-9886 to gain back your driving privileges as soon as possible!
