DMV Hearing Lawyer
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DMV Hearing Lawyers in Asheville, Charlotte, Gastonia, Waynesville, and Wilmington NC
For most of us, the ability to drive is not optional, it is a necessity.
When facing a license revocation (or trying to have your driver’s license reinstated) the final decision of a Division of Motor Vehicles (DMV) Hearing Officer can be life changing.
When your driver’s license is hanging in the balance, get an experienced advocate on your side who knows the laws and procedure of a DMV Hearing.
DMV Hearing Defense
DMV Refusal Hearing
A refusal occurs when an individual charged with an implied consent offense (typically a DWI) refuses to perform a blood or breath test requested by a law enforcement officer.
A willful refusal could cause your driver’s license to be revoked for one year. At the refusal hearing, a DMV Hearing Officer will determine whether you willful refused chemical testing in addition to a few other very narrow legal issues. The hearing officer’s decision to revoke your license will be based on these issues.
To appeal a driver’s license suspension based on a willful refusal, a driver must timely file his intent to contest this suspension. Often the windows of opportunity to appeal a refusal suspension are brief and it is important to discuss these issues as soon as a charge has been filed.
DMV Ignition Interlock
Many driver’s convicted of a DWI in North Carolina are now required to have an ignition interlock device installed on a vehicle.
These devices are typically calibrated to either a .00 or a .04 depending on the circumstances of the charge/conviction. When a positive reading is given above the set limit for the ignition interlock device, a copy of that failure to comply with the device may be sent to the DMV and the DMV may issue a revocation for the positive blow.
Many individuals have the opportunity to request a DMV Hearing to show that they in fact did not violate their alcohol restrictions. It is important to contact an attorney as soon as possible after a violation has been reported so that any helpful evidence in contesting the results sent to the DMV can be preserved and documented.
I had a wonderful experience with the staff at Minick Law, and was pleased with the work that James Minick himself did on my behalf. He not only worked before and during my case, but helped guide and assist me two years afterwards. He's a good man, but also highly intelligent and he knows how the legal system works.
Attorney Minick and his staff are professional, knowledgeable, courteous, and efficient. All questions were answered in a timely, respectful, and friendly manner. The firm's attorneys are devoted and their areas of expertise are far-ranging. This firm is top-notch!
knows how to get the job done!
This Law Firm really knows how to get the job done! What a wonderful and pleasant experience knowing and trusting that they would help me out in my time of need. All the attorney's here are very professional and easy to deal with. I highly recommend The Minick Law Firm for any of your needs. Thank you!
best described as excellent
My experience with Minick Law can be best described as excellent. I received optimum results in my case with much attentiveness to my questions and concerns. From my attorney...to the office staff, I can only say thank you, and job well done!
exceeds the expectations of a law firm
Minick Law exceeds the expectations of a law firm and demonstrates many outstanding professional qualities. Of these qualities, three really stand out: high level expertise, honesty, and excellent communication. Thank you all for your superior work!
The manner with which [Minick Law] handled our situation was very professional. They saw that all questions were answered and we were at ease with what would occur. I would highly recommend Minick Law Group to anyone needing their services.
How We Can Help
At Minick Law, we help individuals charged with DWI by:
Effectively navigating a criminal charge and its consequences begins with planning. During our initial consultation we want to learn about the details of your case and the impact the charge is having on your life, so that we can provide sound advice on your next steps.
We will work together to create a detailed Action Plan on your case. This Action Plan will give you a to do list and explain how we plan to proceed as your attorney. Getting the best result on your case means having the best information when making important decisions.
A Cup of Coffee with 10 of the Top DUI Attorneys in the United States
James Minick is the co-author of A Cup of Coffee with 10 of the Top DUI Attorneys in the United States. This is meant to be a guidebook for anyone facing a DWI charge and its consequences.
Knowing what to wear to court, how to behave in court, and how to talk to a judge are extremely important (yet often forgotten) elements in your court appearance. Making a great impression in the courtroom and putting your best foot forward to the judge and jury can...
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DWI / DUI
North Carolina allows law enforcement to use checkpoints to stop a vehicle even if there is no suspicious or illegal behavior observed by officers. However, the checkpoint must pass both Constitutional and statutory muster in order for the stop to be legal. This...
Attacking a willful refusal, specifically a license revocation for willful refusal, requires careful review of several legal issues. Under N.C.G.S. 20-16.2(d) there are effectively three issues to be decided by a DMV Hearing Officer at a license revocation hearing...
Now is the time to invest in ignition interlock devices. This year the NC house and senate both introduced legislation to require Interlock devices on vehicles for first offenders as long as the breath test was over .08. Neither of the bills passed but you can...
This article is written as an outline for North Carolina attorneys on how to attack a breath test where your client was denied a witness during chemical testing. In sum, the defense must show three things: (1) the Defendant requested to have a witness present during...
If you've ever encountered or anticipate encountering a DUI roadblock you may be wondering: what are my rights at a DUI checkpoint? DUI checkpoints / sobriety checkpoints are legal procedures. They are also common procedures. In North Carolina (and many other states)...