America is a country that appreciates its vehicles and the freedom they provide. Losing the privilege to drive is a severe punishment to many people because it takes away their freedom and their ability to be independent. Every driver experiencing a license revocation needs to understand what they must do to have it reinstated.
REASONS FOR REVOCATION
There are several reasons why a suspension occurs in North Carolina. It sometimes happens following one incident that includes crimes like reckless driving, excessive speeding or a DWI charge. In other instances, it is based on an accumulation of points over time due to a string of less serious traffic offenses.
LENGTH OF SUSPENSION
Less serious charges typically incur a suspension of 30-60 days. A revocation takes place when the charges are more serious and the length of the suspension is longer. This includes incidents like DWI or reckless driving that leads to a fatal accident. The punishment may be a revocation of 1-4 years or even the permanent loss of the license.
METHODS FOR REINSTATEMENT
Attending a driving clinic may help with reinstatement if the driver accumulated too many points. In other instances, there are fines, the requirement to show proof of an SR-22 and the driver may have to attend a court-ordered drug or alcohol treatment program. The state also charges fees to have the license reinstated.
It is important for the driver to avoid getting behind the wheel while their license is suspended no matter how tempting it may seem. The court could impose additional fines or even jail time and the length of the suspension or revocation will increase.
POSSIBLE REINSTATEMENT COMPROMISES
North Carolina allows some drivers to have a conditional license, known as a hardship license, in certain circumstances. This provisional license allows people to drive to work, to receive medical treatment and in the event of a medical emergency. There are a number of restrictions regarding who is allowed to have a hardship license.
Drivers facing additional charges, people charged with a DWI and chronic offenders may not qualify for a hardship license. There is also a requirement to comply with the revocation for a period of time. A hardship license is only valid for one year and reapplications submitted within a three-year period of time will be refused.
HELP FROM ATTORNEYS
Lawyers help their clients by arguing against the revocation when it was done unfairly. Overturning the conviction may be possible if, for instance, the driver was not speeding, was on medication rather than intoxicated or their behavior was misrepresented in some other way by the arresting officer.
There is still hope even in cases where the charges were legitimate. The attorney will help the client to navigate the legal process that many people find confusing. They provide instruction and advice for their client throughout the process and make certain the driver has the opportunity to pursue all legal avenues.
FUTURE DRIVING OFFENSES
Drivers have the responsibility of not making the same mistakes again. Many drivers do not intentionally act irresponsibly but have simply developed bad habits over the years. Eliminate distractions, pay attention to speed limits and leave home earlier to avoid the need to rush. Use a designated driver or hire a cab when going out.
There is never any guarantee that a license will be reinstated after a revocation, but it is easier when people hire a legal representative to advise them of all of their rights. At
Barrett & Howell Attorneys At Law
we do all we can to help our clients regain their independence. Schedule a consultation to discuss the details of your situation.