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.
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
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What Should I Wear to Court?
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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?
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
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DWI / DUI
NC DWI FAQ
Consequences of a DWI Will I go to jail if I am convicted of a DWI in North Carolina? What can a judge require of me if I'm convicted of a DWI? Will I be allowed to drive after getting a DWI? When can I drive after a DWI? Will getting a DWI affect my job? Will getting...
DWI Basics and Definitions
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Limited Driving Privileges
In what situations will I have to install an Interlock Ignition Device in my car? An individual will have to install an Interlock Ignition Device in their car, regardless of what level they are sentenced to, if they register a 0.15 BAC or higher. The Interlock device...
Was My DWI Charge / Stop Legal?
Should I have been read my Miranda Rights during my DWI Arrest? Many people are shocked when an officer arrests a person without reading Miranda rights and wonder about the legal impact of the failure to advise Miranda rights. Generally, a suspect’s oral or written...
Dismissing DWI / Fighting DWI Charge
Can I Get the District Attorney to Dismiss My DWI Charge? Many people wonder if a district attorney (DA) will dismiss a DWI in North Carolina, if it is the person’s first offense, or if they have a perfect driving record. In North Carolina it is extremely rare for a...