NC License Revocation Issues After DWI | Charlotte DUI Attorneys
There are many ways that a person’s license can be revoked. While DWI is one common way that the license can be revoked, there are so many other ways that someone could find themselves without a license. One of these was is through an accumulation of Drivers License Points. (Insurance Points are an entirely separate matter and deal with increases in insurance premiums. Just because an offense has a certain number of one type of points doesn’t mean that it has the same number of the other type of points.) Drivers License Points are placed on your record for certain types of offenses and will stay on your record for three years.
Revocation for Drivers License Points
If a person gets twelve Points within three years, then their license will be revoked. If it is the first time that they have been revoked because of drivers license points, then the revocation will not be more than 60 days. If it is the second time that they have been revoked, then the period of revocation shall not exceed 6 months. Finally, if it is the third or subsequent time that the license has been revoked, then the license shall not be revoked for more than one year. If the person has been revoked under the point system within the past three years, it does not take twelve points to be suspended again. Instead, it takes only eight points.
Revocation for Certain Types and Combinations of Offenses
There are certain types of offenses that can result in the revocation of your license even if the points do not add up to twelve or eight. The law is quite specific about which ones can result in revocation. If the person is convicted of two charges of Speeding in excess of 55 miles per hour, but not more than 80 miles per hour, within the same 12 month period, then their license can be revoked by the DMV. Another circumstance in which the license is subject to revocation is if the person is convicted of one or more instances of Reckless Driving (or one or more instances of Aggressive Driving), and one more Speeding charges in excess of 55 miles per hour within the same 12 month period.
There are two other offenses that can result in an immediate revocation. One is Speeding in excess of 75 miles per hour, when the speed limit is below 70 miles per hour. Finally, Speeding in excess of 80 miles per hour, when the speed limit is 70 miles per hour will result in immediate suspension. There are other ways that a license could be revoked, but they are much more rare.
License Hearings For DMV
These revocations can be appealed to a DMV Hearing Officer. The DMV will set the hearing within 60 days of the person’s request for a hearing. At the hearing, the Hearing Officer is able to rescind the revocation, extend it, or keep it the same. Another option that the Hearing Officer has is to give a period of probation instead of revocation. This probation can last one year, and any violation of probation can result in revocation.
Limited Driving Privileges
If a hearing before the DMV is not successful, then the person may be eligible for a Limited Driving Privilege, according to the reason that their license was suspended. If it was suspended due to speeding in excess of 70 miles per hour when the speed limit was below 65 miles per hour, or speeding in excess of 80 miles per hour when the speed limit was 70 miles per hour, the person may be eligible for a Limited Driving Privilege.
They may also be eligible if they were revoked due to two speeding offenses of over 55 miles per hour within 12 months, one or more charges for Reckless Driving and of Speeding in excess of 55 miles per hour within 12 months, and one or more charges of Aggressive Driving and of Speeding in excess of 55 miles per hour. To be eligible, the person must have 12 months of a clean record before the offense (or first offense) that triggered the revocation. The person also must not have had any prior suspension before the current suspension.