www.kisslinglaw.com
In North Carolina,
certain traffic offenses will result in the loss of your driving privilege. Your license will be revoked for at least 30
days if you are convicted of driving any vehicle more than 55 MPH and more than
15 MPH over the limit. Your license will
be suspended for 60 days if you are convicted of a second charge of speeding over
55 MPH and more than 15 MPH over the limit within one year, or, a speeding plus
reckless driving conviction on the same occasion.
The DMV may suspend your license for any of the following
-
two convictions of speeding over 55 mph within a period
of 12 months
-
one conviction of speeding over 55 mph and one
conviction of reckless driving within a year
-
a conviction of willful racing with another motor
vehicle, whether it is pre-arranged or unplanned
-
a suspended court sentence or part of a sentence mandating
that you must not operate a motor vehicle for a specified period of time
-
a conviction for speeding over 75 mph.
-
more than 6 points in one year
-
more than 12 points in a three year period.
-
(These are DMV points, not insurance points.)
In cases such as these, the DMV may suspend your privilege
as soon as it receives the conviction report from the court. If your driving privilege is suspended, you
may have the right to a hearing in the judicial district where you live. If you believe your driving privilege should
not have been taken and the hearing provides no relief, you may appeal the DMV’s
decision within thirty days to the Superior Court of the county where you live.
The court will review your case to see
if there were proper gtounds for taking your privilege
Your license may also be suspended for an out of state
citation if you are convicted of an offense that would have resulted in a suspension
had that ticket occurred in North
Carolina.
Your driving privilege will be suspended indefinitely when
the DMV is notified from the court that you have failed to appear in court or
to pay fines for the citation you received in North Carolina or another state. In the case of failure to appear or to pay the
fine, your driving privilege remains revoked until the DMV receives notice that
you have complied with the citation. Complying
with the citation does not relieve you of the consequences for the actual
offense if you are convicted.
If you license is revoked and you later become eligible to
obtain your license, you must pay a reinstatement fee to the DMV before you are
licensed. Mere compliance with the revocation
period or resolving the failure to appear/comply does not reinstate you
privilege, you must pay the reinstatement fee.
Lawrence J. Kissling is a traffic attorney in Raleigh, NC. In addition to Wake County, he handles cases in Johnston, Chatham, Surry, Wayne, Lee, Harnett, Halifax, Sampson and Nash Counties.
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