What happens if my NC license is suspended for paying an out of state speeding ticket?

car-keys-1421591-1599x1318.jpg

The North Carolina Division of Motor Vehicles (NC DMV) can suspend a person’s license for a number of different reasons, including for certain speeding tickets. If a NC driver pays a ticket in another state without going to court, they could receive a letter from DMV that their license is scheduled to be suspended. If you receive a letter like that, you have the right to request a hearing to appeal the suspension.

To request a hearing, you must submit a formal written request and pay the required $100 hearing fee to DMV during the window of time allotted to request the hearing. This time frame is usually very short. The DMV Hearing must be requested within the allowed time frame or your suspension will go into effect and you lose the ability to request a hearing to contest the suspension.

At a DMV Hearing, the DMV Officer will want to hear from the driver whose license is scheduled to be suspended. The driver will testify under oath in front of the hearing officer as to the facts surrounding the out of state ticket and present reasons why their license should not be suspended. When a driver has an attorney present at the hearing, the attorney will be the one asking questions. However, the DMV Officer will likely ask some questions as well. At the end of the hearing, the DMV Officer will decide whether to uphold the suspension or allow the driver to continue being licensed.

 

Questions that a DMV Officer might ask:

·         What is your driving record like in NC?

·         How long have you lived in NC?

·         How many tickets have you received in the past?

·         Why were you speeding?

·         Where were you going and coming from?

·         What time of day was it?

·         Did you realize how fast you were going?

·         Did you know what the speed limit was?

·         Did you hire an attorney?

 

While an attorney is not required for a DMV Hearing, when your ability to drive is at stake you cannot afford to cut corners. The attorneys at The Law Offices of Wiley Nickel can help you feel prepared to present the reasons why the suspension should not go into effect. Call our office for a free consultation today at 919-585-1486.  

Comment

Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.