Those who have been charged with Driving While License Revoked in North Carolina understand the seriousness of this offense. This traffic charge is not some mundane speeding charge. Rather, as North Carolina Traffic Offenses go, it is pretty serious. As a Raleigh Traffic Attorney and Raleigh Criminal Defense Attorney, I handle many of these cases. This article will cover under what circumstances a Driver can be charged with Driving While License Revoked, What consequences that can come as a result of these charges, and what options a Raleigh Traffic Lawyer has to try and avoid some of the consequences that come from these charges.
First, a Driving While License Revoked charge in North Carolina is not the same thing as No Operators License. No Operators License is normally used for those who have a lawful driver's license, however it is not in their possession. Driving While License Revoked is for those who's driving privileges have been revoked and yet the individual is still driving. There are several reasons a driver would have their driving privileges suspended in North Carolina. The first one is a charge and/or conviction of Driving While Intoxicated North Carolina. Under this complex law, there are certain points during the DWI process where a Defendant is not permitted to drive; including one year after a conviction, the first 30 days of being charged with the DUI. To make matters more complicated, there are Limited Driving Privileges available at certain times, and under certain circumstances which may permit the Defendant to Drive.
Another reason for having your license suspended in North Carolina would be if you acquired 12 or more points within a 3-year period. There are also several other serious offenses which can lead to license suspension, including prearranged racing, speeding in excess of 55 MPH and greater then 15 MPH over the limit, speeding in excess of 75 MPH where the speed limit was less then 70 MPH, speeding in excess of 80 MPH where the speed limit is 70 MPH. Additionally, convictions of Driving While License Revoked will result in further suspension of the driving privileges (at least a year).
Lastly, it is important to understand that there are ways to have your driving privileges suspended which have nothing to do with driving. If a Driver fails to appear at court for a traffic or criminal charge, or fails to pay a court ordered fine or cost associated with a criminal or traffic matter will eventually result in a suspension of the driving privileges. In these instances, the DMV will send an notice to the last known address of the Driver after 20 days from the missed court date or payment. 60 days after that, the suspension will take effect, whether the Driver actually received the notice or not. Under these circumstances, it is very common for a driver, who is in possession of a Driver's license, to be charged with Driving While License Revoked North Carolina and not be aware of the suspension.
A Driving While License Revoked charge is very serious. This is a Class 1 Misdemeanor, which second from the most serious level of North Carolina Misdemeanor levels, Class 1a. A conviction of Driving While License Revoked will result in a further suspension of the driving privileges for 1 year on your first offense. Subsequent conviction of DWLR can result in longer periods of suspension until the suspension becomes indefinite. In addition to the suspension, court costs and fines which comes with these convictions, enough of them will start to result in jail time. North Carolina takes Driving While License Revoked Suspension serious.
As a Traffic Ticket Attorney Raleigh, I have several different ways of handling these type of charges. Depending on the underlying cause of the suspension as well as what steps the Driver has taken to rectify the issue, a good Raleigh Traffic Lawyer can negotiate with District Attorney to try and have the charge reduced to a No Operator's License, which will not result in further suspension of the driving privilege. Even if that is not possible, in some circumstances a suspension can still be avoided but this would be something that would need to be discussed with your attorney.
If you are in need of representation for a Wake County Traffic Ticket, contact the Matheson Law Office, Pllc for a free consultation or visit our website at www.mathesonlawoffice.com.
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.