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 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...
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?
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...
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 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
NC DWI Guy Episode 30: How Long Does a DWI Stay on My Record
A common question for clients charged with DWI is “how long is this going to stay on my record?” The answer to this question is “it depends.”
How Do I Get My Mugshot Removed from the Internet in NC?
Having an old mug shot floating around on the Internet is a recurring embarrassment, especially if the state dismissed the charge or you weren’t guilty.
NC DWI Guy #16: Ignition Interlock Explained
Have a question about Ignition Interlock? Jacob Harding, Regional Program Development Coordinator for ALCOLOCK, has the answer! Jacob responds to FAQs regarding ignition interlock in comprehensive fashion. If you want to develop your ignition interlock knowledge to...
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
What is a 30-Day Civil Revocation? A 30-Day Civil Revocation is a civil punishment resulting from a DWI. Although typically a revocation of a license requires a conviction for a DWI, in North Carolina, a person can have their license revoked for the following reasons:...