A DMV Medical Hearing
The North Carolina Division of Motor Vehicles will occasionally revoke someone’s license for a medical condition, such as epilepsy or other seizure disorder. It is possible to apply for a DMV Medical hearing and win back your privilege to drive. As with any other DMV hearing, the key is proving that you will be a safe and responsible driver.
At these hearings, it is likely that you will face a medical review panel of DMV hearing officers. At Kurtz & Blum, we take the time to fully understand your medical condition and the factors that led to revocation of your license. We can work closely with your medical professional to ensure that the information we present is convincing, accurate and up-to-date.
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A Driving While License Revoked Hearing
It has long been a curious irony in North Carolina that if you are convicted of driving while license revoked you have no right to a limited driving privilege. However, if convicted of a Driving While Impaired, you could still be able to drive during your year-long revocation.
The North Carolina General Assembly is currently looking at a bill that would change that situation. Until then, we will continue to present our case at a Driving While License Revoked hearing.
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Q&A:
What if I am still driving but haven’t gotten caught?
A DMV hearing officer will want to know that you are not driving at all – for any reason. The first key to winning a DMV hearing is to understand that driving in North Carolina is a privilege, not a right. Respecting that privilege is central to restoring that privilege.
What if I lose my DMV hearing?
There may be another way to restore your privilege to drive in North Carolina. Many people lose their North Carolina driver’s licenses because they pled guilty to the wrong things at the wrong times. Pleading guilty to driving while license revoked can revoke your license for another year even if you have taken care of the original suspension! Many times, we can re-open old cases where our client pled guilty and re-negotiate a disposition that does not result in further revocation.
At Kurtz & Blum, we will thoroughly review your driving record and explain the reasons for your revocation and the steps you can take to end the suspensions. If you know your driver’s license number and you don’t know why you’re revoked, give us a call. We offer an affordable driving record evaluation contract and we can usually get started right away. Understanding the problem can help us find the solution.
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A DWI Restoration Hearing
If you’ve been convicted of three charges of Driving While Impaired, your right to drive in North Carolina is permanently suspended. Nevertheless, after a substantial amount of time, usually three years, you can apply for a DWI Restoration Hearing.
This is generally a two-step process. First, we submit the necessary paperwork to prove that you are eligible for a DMV hearing – that means driving records, criminal records, and proof of compliance with alcohol abuse treatment. Second, a DMV hearing officer will schedule the hearing for you. At that hearing you can present witnesses who can speak to your good character and your sobriety.
At Kurtz & Blum, we take DWI Restoration Hearings very seriously because we understand that every individual’s circumstances are different. We spend time to get to know you and your own unique situation. We also interview and prepare each and every one of your witnesses before the DWI hearing. It is crucial that a singular theme be presented to the DMV hearing officer – that you are sober, responsible and fully deserving of the privilege to drive on North Carolina’s streets and highways.
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Q&A:
Can I have a hearing even if I no longer live in North Carolina?
Absolutely. Often, your state of residence will not issue you a license until your suspension is cleared up in North Carolina. You may have to arrange to travel to North Carolina to attend the hearing, but we can often schedule hearings to best fit your schedule. If we are successful, North Carolina will issue you a clearance letter which should allow your home state to license you to drive in that jurisdiction.
If the hearing is successful, will I get a license that very day?
Not exactly. Most DMV officers will allow only a conditional restoration of your driving privilege. That could mean that you are given a restricted license with a curfew or that you must install an Interlock device on your car which requires that you blow into the alcohol-measuring instrument before the ignition will engage. If your license has been taken for medical reasons, a DMV panel will probably require that you submit to an additional medical exam within one year in order to verify that your medical condition is either in remission or is successfully controlled with drug therapy.
What if I have had a DMV hearing before and not been successful?
If at first you don’t succeed, try, try again. That adage has never been more true than with DMV hearings. Many times, citizens walk into a hearing unprepared for the types of questions that the officer will be asking. At Kurtz & Blum, we believe that the only way to be fully prepared is to be over prepared. If you’re serious about doing it right this time, give us a call.
Can I win a DMV hearing if I still drink from time to time but never to excess?
You could still be successful at a DMV hearing. The important thing is to prove that you are a responsible drinker who would never get behind the wheel after any amount of alcohol.
What if I am still driving on the sly?
A DMV hearing officer will want to know that you are not driving at all – for any reason. The first key to winning a DMV hearing is to understand that driving in North Carolina is a privilege, not a right. Respecting that privilege is central to restoring that privilege.
What if I have been convicted of Felony Habitual DWI?
You can never have a hearing to restore your driver’s license in this state. North Carolina law forbids it.
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A DWI Refusal Hearing
You’ve just been arrested for suspicion of DWI and have been taken down to the chemical analyst to blow into the Intoxilyzer 5000 – the breathalyzer test used by law enforcement in North Carolina. You’re nervous, upset and now you have to produce a good breath sample for the officer and analyst who are watching you closely. What happens if you try, but can’t blow? Your license can be revoked for refusing and your privilege to drive taken away. Plus, if you’re convicted of DWI, you must wait for six months before you are eligible for a limited driving privilege.
There may be valid medical reasons that someone can’t blow into the Breathalyzer. At Kurtz & Blum, we’ll provide options for fighting your refusal revocation, and we can represent you at that hearing. The important thing is to call us immediately. Your right to a hearing will expire and you must request the hearing as soon as possible.
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