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.