Permanent License Revocation in NC

3/4/2017

If you have been told your license is permanently revoked in North Carolina the situation may seem hopeless. The easy solution many reach is to just keep driving without a license- this is usually a huge mistake and makes a fixable situation that much worse! Even a permanent revocation is not really permanent- it usually just means you have to wait 3 years to get a hearing to restore your license. That being said there may be hope in the form of a Limited Driving Privilege "LDP" or by going back and re-opening old cases via a Motion for Appropriate Relief "MAR".

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 anyone 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, 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

Travel to and from the person's place of employment and in the course of employment.
Travel necessary for maintenance of the person's household.
Travel to provide emergency medical care for the person or for an immediate family member of the person who resides in the same household with the person. Driving related to emergency medical care is authorized at anytime and without restriction as to routes.

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

Revocation Period	Driving Privilege	DMV hearing
1 Year	90 Days	90 Days
2 Years	1 Year	1 Year
Permanent	2 Years	3 Years

NC Limited Driving Privilege.pdf
File Size:	97 kb
File Type:	pdf

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12 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.

My guess is with 4 prior DWI convictions that you still owe fines, revocation fees, and need multiple alcohol classes before you are even 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.

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!

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