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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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...
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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
Mitchell v. Wisconsin – Supreme Court Analyzes Exigency in the Context of an Unconscious DWI Suspect
Last week, the Supreme Court of the United States decided Mitchell v. Wisconsin. In this opinion the Court held that cases involving an unconscious driver “almost always permits a blood test without a warrant” under the exigent circumstances exception to the warrant...
With data from the state and federal governments, we’ve constructed the maps to help you better understand North Carolina’s drunk driving landscape.
Photo credit to Tyler Stewart and the publication News and Tribune The most commonly used device during a DWI investigation is the alcohol screening test device or the portable breath test (PBT). This device is a tool designed to give officers a tool to...
Looking for information regarding DWI defense? We have the resources for you. The main types of affirmation defense include: Automatism Defense Coercion-Duress Defense Entrapment Defense Necessity Defense From knowing your rights and the different ways...
Image property of Smart Start North Carolina lawmakers have the responsibility to enact laws to keep our roads safe. Part of that is to eliminate the risk of drunk driving wherever possible. One of the tools that the legislature has given the NC DMV is the...