For anyone who has ever faced a North Carolina Driving While License Revoked charge, they know what a judicial nightmare they have stepped into. As a Raleigh Traffic Attorney and Durham Traffic Attorney, I have helped many clients with resolving their DWLR charges, and more often then not, other underlying North Carolina Traffic Charges, through the court process. What many people do not realize is how easy it is to catch one of these charges, and once you have, what it takes to resolve in such a way that will not result in further suspension of the defendant's driving privileges. The following article will attempt to explain some of these processes and why it is best to avoid these charges all together, and if not, why you should retain a traffic attorney to help you.
In North Carolina, a Driving While License Revoked charge is a Class 1 Misdemeanor. In addition to the court costs, fines, and insurance points these charges carry, they also carry with them the mandatory suspension of the license. For first offenses, the driver's license will be suspended for one year from the date of conviction, for a second conviction two years, and three or more convictions results in 'permanent' revocation (though a driver can petition for their driving privileges back after a period of time). As you can see, a driver's license would have to be suspended in order for them to catch this new charge, which can result in further suspension. Since most cannot go without driving, the Defendant will continue driving, in which case many of them catch new DWLR charges and the problem just snowballs.
To add to this frustration is how easy it is to be charged with Driving While License Revoked. While many people understand that amassing a certain number of Driver's License points in a short period of time for various North Carolina moving violations can revoke one's license, as does a North Carolina DWI conviction. But what most don't know is a Defendant's failure to come to court on their assigned court date, or a failure to pay court costs and/or fines after the resolution of their case can ultimately lead to a driver's license being suspended. And though a letter goes out from the NC DMV letting the Defendant know their license will be suspended soon if they don't resolve these outstanding issues, if it's not received or overlooked, then the Driver's license is revoked without any further notice. So, what happens to many people is they are driving around on a license they believe to be valid, only to get pulled over and charged with Driving While License Revoked.
Finally, in most jurisdictions, the Defendant must resolve the underlying issue which caused the original license suspension before the Prosecutor and/or court will consider a plea deal which will not ultimately result in further suspension of the driver's license. So, the Driver (or their attorney) must track down the cause for the suspension, go to that court and resolve it, then bring proof to the current court to avoid a conviction of Driving While License Revoked.
If you are facing a Driving While License Revoked, speak with a local North Carolina Traffic Attorney for advice on how best to handle your case.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.