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Dysart Willis

Key facts for challenging a license suspension

Accidents occur on the road every day, some of which are avoidable. When drivers make mistakes, a traffic violation may be in store.

If you are found guilty of a traffic infraction, your license may be in jeopardy. Here are a few key facts to help you in your attempt to safeguard your driving rights.

Suspension or revocation

Suspensions and revocations are two different penalties. The North Carolina DMV provides a complete breakdown of both suspensions and revocations. In short, a suspension is a temporary withdrawal of your driving privileges. On the other hand, a revocation is the termination of your driving rights. A revocation may be for a certain period of time, or indefinitely. 

Offenses

Along with DUIs, there are additional traffic violations that may lead to a suspension. Some of the common types include:

  • Having too many points on your record
  • Driving restriction violations
  • Being declared medically unfit
  • Having unpaid traffic tickets

These are some of the common offenses, but there are others as well. Whether law enforcement confiscates your license at the time of the offense or you must surrender it later, the receiving party should instruct you on the options available for retaining a license and driving privileges.

Hearing process

Depending upon a few factors, you have a certain amount of time to request an administrative hearing, usually 15 to 30 days. You must submit the hearing request form along with any applicable fees. Once the courts schedule the hearing, they notify you with the appropriate details. At the hearing, you are able to make an argument and present any evidence to support your case. After hearing testimony and reviewing the evidence, the judge makes a determination. Sometimes a reinstatement does come with stipulations, such as attending driving school or paying fines.

Keeping these things in mind may aid you in maintaining or regaining your license. It may be beneficial to speak with an attorney for more clarity and to make the best choice for your situation.