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Updated 1/30/2022
Before undertaking any license restoration on your own it is advisable to at least speak with an attorney to determine the best path to success as paying off old tickets can often restart the 3 year window to get a DMV hearing. The last thing you need is to risk going to jail for driving while license revoked simply because you had no other way to get to work. Why is my license revoked in NC? Any number of issues can result in a license revocation either temporarily or indefinite. Some of the most common reasons for license suspension include missing Court resulting in a Failure to Appear “FTA”, not paying Court fees for a ticket, not paying damages caused from an accident without insurance, and not completing substances abuse classes after a DWI. Bottom line is if you are revoked you have to deal with all the old issues first before you can get a license. If your license is revoked due to multiple DWI’s then you may be revoked for 4 years or more depending on when your prior convictions occurred. How do I fix a Failure to Appear in NC? If you missed Court for a speeding ticket or any type of traffic ticket in NC such as expired registration or no seatbelt then your license is usually revoked within a couple months of your Court date. The DMV generally sends a warning letter to the address on your license after you miss Court informing you that your license will be suspended on a particular date. If you have not updated your address on your license you likely did not receive your letter. The next time you are pulled over the new ticket is usually for Driving While License Revoked or “DWLR”. It is important at this point to make sure you go back and handle the old ticket before you plead guilty to any new charges as that will only further revoke you. The best way to go back and handle an old ticket is to hire an attorney to strike the “FTA” nunc pro tunc. This generally will retroactively fix the problem and allow you to obtain a license even while you have a pending DWLR. Be warned that striking an “FTA” nunc pro tunc without an attorney is very difficult as only a Judge can retroactively strike an FTA. What happens if I plead guilty to a ticket while revoked in NC? Each time you plead guilty to a moving violation such as speeding during a period of revocation the NC DMV tacks on another year of revocation. After three moving convictions during a period of suspension you are permanently revoked. It is very important to never plead guilty to any moving violation if you are already suspended as this may delay getting a license for years. The best approach is to address whatever is keeping you from obtaining a license and having any moving violation either (1) dismissed, (2) reduced to a non-moving violation such as Improper Equipment, or (3) using a Prayer for Judgement or “PJC” if available. Is there a limited driving privilege if revoked in NC? If your revocation is not due to DWI and you have handled all your outstanding tickets you may be eligible for a limited driving privilege under NCGS 20-20.1 before you are eligible for full license restoration. This procedure is a great option to get back on the road legally and avoid the uncertainty of a DMV hearing. A copy of limited driving privilege form is provided as an attachment at the bottom of the page. Limited Driving Privilege purposes under NCGS 20-20.1
When am I eligible for a DMV hearing in NC? The chart below details when someone is eligible for a limited driving privilege or DMV hearing after being suspended. Be aware that you generally cannot obtain a privilege or schedule a DMV hearing if you have any pending or unresolved charges. In addition if you are denied restoration at a DMV hearing you often have to wait a full year before you can obtain another hearing. Compliance period to obtain a Driving Privilege or DMV hearing
50 Comments
Kenny
6/30/2017 09:58:17 pm
What happens when the court fails to notify the DMV about a suspension FOR 16 YEARS and is suspended all over again? This has happened way to much in this state and it has got to stop! Double jeopardy should not apply EVER when the court and /or DMV screw up!
Jason Witt
6/30/2017 10:11:17 pm
I am not sure I follow. The Court waited 16 years to notify the DMV of a conviction that resulted in suspension? Was this from a DWI? What triggered this notification to finally happen 16 years later?
Dennis
2/15/2018 09:10:31 pm
Hello, I was searching for some information regarding NC "perm suspended/revoked" license. This is when I came across your site. I called the DMV and the recording said "perm". I have not lived in NC since 2007. So basically what I am asking am I eligible for a hearing. The thing that I have a problem with is trying to get another license in the state I live now. The BMV here said I would have to have some type of letter from my suspending state. I don't even want my NC license back because I will never live there again most likely (too many bad memories). I was an alcoholic at a very young age of 15 and it destroyed much of my life. Since my troubles in NC I graduated with a Bachelor degree and am raising two children. I just don't know what to do, or if it is worth trying to do anything. Thanks for your time.
Jason Witt
2/15/2018 09:50:11 pm
Why are you permanently revoked in NC? Is it due to multiple DWI's or just numerous tickets? You probably need to call the DMV back and ask to speak with a hearing officer to find out what has you revoked and if there is anyway to get the hold released without a hearing.
Derek
3/4/2018 11:56:57 am
I have been convicted of 4 DWI, My last conviction was Aug 25 2010, I done my mandatory 1 yr in Prison, I was wondering if I would be able to get Driving Privileges? Are my license permanently revoked to were I can’t even get privileges? If you could let me know what steps to take to see if there’s anything I can do to get privileges, if possible. I do work at Elite Comfort Solutions and employed Full Time. Thank you
Jason Witt
3/4/2018 02:21:08 pm
Have you completed all your Substance Abuse assessments and classes? I would recommend contacting the NC DMV at 919-715-7000 and asking if and when you are eligible for a hearing.
Elizabeth Slade
3/19/2018 06:24:11 pm
I want t o know why do I have to have two witnesses at my restoration hearing? I do not have a DWI my license was permanently revoked for FTA and DWLR, currently my hearing is set for 3-29, I want t o know if hearing goes in my favor am I eligible to get my license on the same day or is there a waiting period and am I required to take the road test again? I live in NC
Jason Witt
3/19/2018 07:32:13 pm
Sorry, but DMV hearings are not my area of expertise. Usually the best way to avoid DMV hearings due to FTA's is to have those FTA's retroactively removed to remove the permanent revocation.
Floretha Smith
7/10/2021 03:01:14 pm
Hello i just had a hearing on july 6 to reinstate my driving privilege and was determined not at this time a fines fees paid last tick was 2919 and court dismissed the case witness appear for me i never had a DWI. Only driving while license DWLR charges why do i have to wait another year for another hearing in order to get my license reinstated
Jason Witt
7/10/2021 04:09:52 pm
My understanding is that is that you have to wait 12 months between DMV hearings. What county are these DWLR convictions from? You may be able to have those re-opened and dismissed to become eligible without a hearing.
Steve Downey
4/4/2018 10:15:24 am
Being a retired Marine, I left N.C. in 1991. Yes, I unfortunately had three DWI convictions but the word "Permanent Revocation" was never mentioned. (I don't know when that law went into affect). I then had a California license. I paid my fines, paid my attorney and did my weekends in jail and N.C. accepted my reinstatement fee after my year of no driving. After Desert Storm, I retired and moved to Arkansas, turned in my Calif license and was issued an Ar license. After almost 28 years I go to renew my Ar license and this Permanent revocation pops up! Can't renew...! What's with that? I called the N.C. DMV and they want $450 and me to go to a hearing.... No one there want's to hear my story or help me.
Steve Downey
4/4/2018 10:23:49 am
Additional comments: Upon getting my third DWI, I turned myself in for in-patient 30 day treatment and presented my alcohol assessment from the Naval Hospital at Camp Lejeune to the court. The judge accepted it as that had just became law in January of '90. My last court was the next month in February of that year. I have been alcohol free for 28 years and have had no violations in that time period either. Thank You
Jason Witt
4/4/2018 10:38:43 am
Old cases often pop up out of the blue when records are reconciled by the DMV. At this point it sounds like you need to find someone that routinely handles NC DMV hearings to see if if anything can be done remotely without you traveling to NC.
Steve Downey
4/4/2018 12:26:44 pm
Found a DWI Restoration Hearings Lawyer in Raleigh.... Thanks!
Rocky F Royall
11/16/2018 08:24:09 pm
I need a hearing attorney to help get my driver's licenses back. Who in Raleigh does it
Anthony Moore
7/21/2018 07:04:56 pm
Are supsepension in addition to? For example my license have been suspended for 2 years. I just recently was convicted with my 3rd dwlr the DMV sent noticed of a permanent suspension which is now 3 more years before I'm eligible for a hearing. That would be a total of 5 years is the correct?
Jason Witt
7/21/2018 07:10:58 pm
If you were just permanently revoked that would reset the 3 year wait period for a hearing. You do have other options such as a limited driving permit issued by a judge and perhaps going back and reopening old convictions. Reach out to a local attorney about your best path to driving legally again.
Teresa Ali
11/1/2018 01:02:06 pm
I live in TN. My NC drivers license was permanently suspended in 2009. I haven't driven in several years and NC is making it impossible for me to get the suspension lifted insisting I have to appear in person for the hearing, which is financially impossible for me. Can you help? I requested a teleconference and they denied it
Jason Witt
11/1/2018 02:37:26 pm
Sorry, I do not handle DMV hearings so I am not sure if you can hire an attorney to appear on your behalf or not.
Bradley Cromer
11/23/2018 09:57:22 am
In 2015 I was charged with habitual DWI. I did the mandatory year. Any way, about a year after I was out, I called Raleigh and checked my status. It told my my license was permanently revoked. So I did not pursue them any further. Until today. I called back and the status has changed to Suspended. Is there a difference? Is it possible to get my license back? Thanks
Jason Witt
11/23/2018 10:29:42 am
Try speaking with a DMV customer representative at 919-715-7000 to find out when you are eligible for a hearing.
Jace Alexander
12/9/2018 02:43:25 pm
What ever happening with your situation
Kay Dee
12/30/2018 11:51:15 pm
Hi,
Jason Witt
12/31/2018 10:53:08 am
The DMV uses the occurrence date (not the conviction date) of the speed charge and on that day you were revoked. At this point you either need to request a DMV hearing or hire a lawyer to go back and reopen your speeding conviction and have it reduced to a PJC or non-moving violation.
Thomas Spence
3/9/2019 12:27:19 am
My dl is at this time permanently suspended for multiple dwi charges. I haven't had any license in about 8 years. No dwlr.or anything during this time.have paid all fines and completed all required classes. Is it possible to have my license reinstated
Jason Witt
3/9/2019 10:34:41 am
You would need to contact the DMV at 919-715-7000 to find out when you are eligible to have a hearing to get your license restored.
VERONICA
7/31/2019 05:12:19 pm
If a license is already in permanent revoked status and in trying to reconcile all cases to obtain a hearing a speeding ticket is plead down to an improper equipment, does dmv still recognize this as a moving violation? will the 3 year rule apply?
Jason Witt
7/31/2019 05:43:39 pm
An improper equipment or PJC can both be held against you at the discretion of the DMV hearing officer because it is evidence that you have been driving.
Rene
2/29/2020 11:21:16 am
What happens if my license is suspended for not paying 3500 for an accident. I was making payments and lost my job. I tried to work something out and they said no they resent the suspension to DMV. Can I either get a hearing or file bankruptcy? I just got served with two other judgments unrelated to my driving to make matters worse.
Jason Witt
2/29/2020 03:56:07 pm
If you have other debts you should consult a local bankruptcy attorney about including the accident debt revoking your license.
Jennifer Lentz
3/13/2021 04:14:55 am
I lost my license because of revocation of my conditional restoration about 5 years ago. I was told that I couldn't get my license back at a DMV hearing until I had proof that I hadn't driven for 2 years. While waiting I was charged with another dui, and received another year of suspension time. But I waited 2 years to start the hearing process instead of just the one year suspension time because I was told the hearing officer wouldnt reinstate my license unless I hadnt driven in 2 years, even though my last suspension was only for a year. So it's been two years since my suspension period ended, so I was JUST getting ready to start the hearing process, and got a dwlr the other day. Can I still get a hearing AFTER this last dwlr has been dismissed? And can I get my license back through that hearing if this charge is dismissed in court?
Jason Witt
3/13/2021 06:52:36 pm
If you can get the DWLR dismissed then hopefully you can still get a hearing. The problem is getting the DWLR dismissed without a valid license as usually you can't get a DMV hearing with any pending charges. My advice is hire a local attorney.
Arlester Blackmond
1/30/2022 09:16:25 am
My license was suspended in 1996 for a accident I had in a parking lot and at the time my grandmother's insurance lapse and I didn't know. So I got a letter in the mail from the other party's insurance company to pay $800 which I didn't do and I didn't know my license was suspended until I was pulled over. I kept driving because I had to get to work but I kept getting stopped for dwlr. I'm on permanent revoked because I was pas 3 moving violations. Is there a was to remove some of those moving violations so I can get my license back without a hearing? It's been 25 years I had a license.
Jason Witt
1/30/2022 10:08:29 am
Have you paid the money owed from the accident. You will never get a license until that is resolved first. Next step is then contact a local attorney to see if anything can be reopened and resolved. Worst case scenario is you have to wait 3 years without any tickets to get a DMV hearing.
Arlester Blackmond
1/30/2022 10:16:17 am
I signed some form from dmv and had it notarized and that issue was cleared up. I contacted dmv and they said I had 3 moving violations and have to have a hearing. I was talking to a attorney and he said he can get a few of them reduced to non moving violations being that it's over 20 years old. Will that restore my driving privileges without a hearing before I sped all of this money to have it handled?
Jason Witt
1/30/2022 10:21:15 am
It is possible if you can get rid of enough moving violations during your period of suspension. Another possible option is a limited driving permit signed by a judge.
Arlester Blackmond
1/30/2022 11:47:04 am
How do I go about getting a limited driving permit? I didn't lose my license to drive. Is it still possible?
Jason Witt
1/30/2022 01:37:24 pm
There is a PDF document included at the bottom of the blog article regarding a limited driving permit. That being said, I would not recommend attempting to apply on your own without an attorney.
Arlester Blackmond
1/30/2022 02:45:21 pm
Ok thanks. How long does it usually take for a attorney to get it done?
Jason Witt
1/30/2022 08:15:56 pm
Everything from time to options vary dramatically by county.
Arlester Blackmond
2/9/2022 10:33:07 am
Could I successfully get my license reinstated without an attorney if I go to a hearing at dmv? I didn't lose them for dui/dwi? It happened 26 years ago.
Jason Witt
2/9/2022 10:36:38 am
No attorney is required to attend your DMV hearing with you. The problem with representing yourself is if you are denied you generally won't be eligible for another hearing for 12 months.
Billy Lindsey
2/13/2022 04:37:46 pm
I had a hearing 2/3/2022. I have 3 dwi convictions as well as dwlr convictions on my record also. I paid $200 to dmv to get hearing set for dwlr, during the hearing I was asked about conditional restoration I was under, I explained that I was given a paper that was mapped out for going to work purposes the hearing officer informed me that was a limited driving privilege. I did research and the courts issue driving privileges. So it seems the dmv issued a me a limited driving privilege and issued it under conditional restoration. My last hearing was in 2014 I was denied, the hearing officer asked why did I wait so long to request another hearing. I basically agreed to I got frustrated with the process, maybe that's a good sign. She said she'll render her decision in 30 to 45 days.
Kevin Adams
5/11/2022 08:08:52 am
Yea NC is a stickler about getting your license back. Havent had mine for 26yrs. Have tried repeatedly ie. Do classes pay fines whatever needed to have hearing, just to get turned down. Done this 3 times. Working on 4th time. Trying to get all criteria met yet again. Also be careful and check your dmv records vs court records. Last time I was denied due to another Kevin Adams record. That they missed. Got frustrated drove hit dwi check they have here often.. sober but dwlr. And the circle starts again. Had 5yrs no incident then.
Monet Abernathy
8/22/2022 05:53:40 pm
I have requested a hearing and have to complete an HO-3 form asking if I've had any charges within past 7 yrs. I did have two pending DWLR charges that were dismissed in 2018 and 2022. Will they deny me for a hearing or, in general, getting my license back?
Jason Witt
8/22/2022 06:20:03 pm
Even dismissed violations could theoretically be held against you as possible evidence of driving during a period of suspension.
Angelica
9/14/2022 11:40:48 pm
I regained my license for pre trial purposes on a dui charge that I have pending since April 2020. I just received another dui in September 2022. To my understanding, before my 10 days to appeal is up, you’re saying I can’t get another pre trial license this time? Is that correct? If I’m still within the first 10 days appeal period, how can they hold the pending charge as reason not to approve it? Is is even possible it will get approved for me?
Jason Witt
9/15/2022 08:19:08 am
A judge can refuse to sign any Order if they want. I have never seen a judge sign a pre-trial driving privilege for someone who had multiple DWI's pending at the same time. Your specific legal advice as to your situation you should consult with a local attorney.
Eric D
9/21/2022 11:13:57 pm
I lived in North Carolina for 25 years I left the state when I was 26 yrs old. I never had a driver license. I was charged with driving with no license then with driving on revoked. I haven’t had a license ever even in my new state. It’s been 25 years since my last ticket in North Carolina but yet I’m still revoked and they are telling me that I have to get a hearing to get my privileges back. What can I do.
Jason Witt
9/22/2022 09:40:22 am
You likely would either have to go back and reopen old cases or have a DMV hearing if you are permanently revoked at this point. Your comment will be posted after it is approved.
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Jason D. Witt
I was born in Charlotte, NC and have been a practicing attorney for over 15 years in Union and Mecklenburg County. Categories |
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