DMV Hearing Lawyer

Work with attorneys that fight for you and care about you.

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.

wonderful experience

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.

Jessica Allison

top-notch!

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!

William Riddle

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!

Patrick Cusack

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!

Kelly Amundsen

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!

Eric Reitzel

highly recommend

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.

Jill Varney

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.

Courtroom Etiquette

What To Wear To Court

What To Wear To Court

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...

What Should I Wear to Court?

What Should I Wear to Court?

If you have not spent much time in a courtroom before your scheduled hearing, you may be wondering “What should I wear to court?” The answer, though not difficult, is important to get right, because to dress poorly can have unfortunate and unforeseen consequences...

What Color To Wear To Court

What Color To Wear To Court

While the color of the outfit you have decided to wear to your court hearing is probably that furthest thing from your mind as you prepare to appear in court, it is nevertheless highly important. Books have been written on the subtle cues color and appearance can have...

Can You Wear Jeans to Court?

Can You Wear Jeans to Court?

For those of us who are not lawyers or bailiffs or judges, going to court is not a normal part of our daily lives. Whether we are called into court as the defendant, a witness, or a member of the jury, it is important to know how you are expected to dress when you go...

11 Tips First Court Appearance

11 Tips First Court Appearance

11 Tips For Your First Court Appearance   Your court date is set. Now what? The courtroom is an intimidating place, especially if it’s your first appearance. There are questions you’re probably asking, like “what should I wear” and “what do I say?”. The whole...

DWI / DUI

Attacking a DWI Checkpoint

Attacking a DWI Checkpoint

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

Attacking a Willful Refusal

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...

Ignition Interlock: Contesting Your DMV Hearing

Ignition Interlock: Contesting Your DMV 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...

Denied Witness During Breath Testing State vs. Ferguson

Denied Witness During Breath Testing State vs. Ferguson

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...

What Are My Rights At A DUI Checkpoint?

What Are My Rights At A DUI Checkpoint?

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)...

Aggressive Criminal Defense. Client Focused Service.

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To find the membership requirements for the above organizations, as well as a lawyer directory showing which of the Minick Law attorneys are members of each organization, please visit each organization's website by clicking the appropriate graphic.
Great firm. Wonderful and rare attorneys. We could use a million more just like them.
David H.
If attorneys are going to be this compassionate and nice I am going to have to stop telling attorney jokes.
Hilary S.
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!
William R.
...I had a note to myself on my calendar to follow up with their office, however, before that date came, they contacted ME, had successfully taken care of my traffic offense and sent me confirmation in the mail...

J. Nelson

This Law Firm really knows how to get the job done!...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!

Patrick K.

Get the defense you need from a law firm that cares.

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We Listen

During our initial conversation with you we will get information about the circumstances of your charge and your situation.
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We Inform

Once we have these details we can explain the potential consequences you are facing.

We Plan

We will then create a detailed plan of action for your case to make sure that your traffic ticket is resolved in the appropriate manner. Our mission is to produce the best possible outcome on your case.

How Can We Help?

Asheville

A: 30 Orchard St. Asheville, NC 28801 P: (828) 333-5024 W: Visit Website

Charlotte

A: 2015 Ayrsley Town Blvd. #202-253 Charlotte, NC 28273 P: (704) 215-4242 W: Visit Website

Gastonia

A: 104 E. Main Ave Gastonia, NC 28052 P: (704) 323-8485 W: Visit Website

Waynesville

A: 258 N. Main Street Waynesville, NC 28786 P: (828) 333-5035 W: Visit Website

Wilmington

A: 321 N Front St #210, Wilmington, NC 28401 P: (910) 338-3994 W: Visit Website

Disclaimer

Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

Areas of Service

Cities: Asheville, Charlotte, Gastonia, Waynesville, and Wilmington. Counties: Brunswick, Buncombe, Burke, Catawba, Cleveland, Columbus, Gaston, Haywood, Henderson, Jackson, Lincolnton, Madison, McDowell, Mecklenburg, New Hanover, Onslow, Pender, Polk, Rutherford, Swain, Transylvania, and Yancey.
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