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The Do-Not-License List and Clearance Letters

Updated January 13, 2016

In another post I wrote about folks who had found that, when trying to renew their licenses, their renewals were being blocked by  old pending tickets here in North Carolina. I wrote that the solution to that problem was to have the old cases placed back on the court calendar, and then to take care of them.

However, once a driver has taken care of an old case, including paying any court costs and fines, there is one last step to get their name off  the “do not license” list:  Pay  one or more fees to the North Carolina Division of Motor Vehicles.

The National Driver’s Registry

 

This is what NC-DMV has told me about “blocked” licenses and restoration fees.

” Most states will not issue a driver license to a person whose driving privilege is not valid in another state.”  Hence, the “National Driver Registry (NDR), . . . a nationwide database” that allows the DMV of one state to know whether an applicant may get a license in another state.

“If the driver’s North Carolina driving privilege has gone into suspension,” they wrote,  “whether licensed in NC or out-of-state, they must pay the applicable restoration fees prior to reinstatement.”  (KJD comment: Even of you are licensed in another state, you can have your “privilege” to drive in this state suspended. Then, when you try to renew your license in your home state, you are blocked by the pending ticket in NC.)  

They also said that, “There are two kinds of restoration fees. The $130* DWI restoration fee is due when the driving privilege is being reinstated after a suspension for driving while impaired. All other suspensions require a $65* restoration fee.”

“The other reinstatement fee is the $50 service fee. The service fee is owed if the driver held a NC driver license at the time the suspension went into effect and they did not surrender the license to the Division prior to the suspension.”  (KJD comment: NC-DMV sends letters to people they are planning to suspend.  The letter says something like “Mail your license to us by such-and-such a date or we will send someone to pick it up.”  They charge a $50 service fee to send that person out.)

“Obviously, if (a driver) is licensed in another state (the pick-up-license) fee will most likely not be required for them to reinstate their NC driving privilege.” (KJD comment:  NC-DMV does not usually physically take the driver’s license of someone who is licensed in another state.  Hence, there is no $50 service fee for not turning in the license).

Clearance Letters

 

Once NC-DMV takes your name off the NDR, the Divisions of Motor Vehicles of other states can see that online.  That can serve as your “clearance letter.”

If you think you owe a restoration fee or service fee to NC-DMV, here’s an email link to conact them.  You can also call NC-DMV at 919-715-7000.

_____________

*Those fee amounts became effective in 2016.  Kjd

 Need help getting your license back because of old tickets?  Give me a call at 919-683-2175.   Ken Duke

Do I Have to Come to Court?

Updated July 23, 2014

A useful thing a lawyer may do for you is go to court for you,  so you won’t have to miss work or travel back to North Carolina. Whether a lawyer can do that depends upon whether the charge is  “waivable.”   We all have the right to be present when our case is heard (and we also have the duty to be there).  However, in minor traffic cases, the defendant may waive their right to be in court, and allow a lawyer to handle the case.   The Waiver of Appearance is a paper that you sign and return to your lawyer.

Click below to see  a sample of the waiver I send clients to sign and return to me  (You’ll have to click twice. The first click gets you to another screen with the phrase “Sample Waiver. ”  Then click on that phrase again to see the form).

Sample Waiver

Common waivable charges are  improper passing,  minor speeding tickets, stop sign and traffic light tickets,  possession of an open alcohol container, failure to yield, and  driving the wrong way.

Some offenses that require you to be in court are driving with a revoked license,  possession of  stolen or fictitious plates, DWI, reckless driving, high-speed tickets, failure to stop at the scene of an accident,  and failure to have insurance.  [Source:  Uniform Policies Related to Traffic Offenses, NC Administrative Office of the Courts (2011)]

Even if you are charged with a non-waivable offense, I may still appear for you.  How?  By pleading down your non-waivable offense down to a lesser charge that is waivable. For example, you are charged with driving 82 mph in a 65 mph zone.  If I can get that reduced to 74 in a 65,  I can usually enter that reduced plea using a waiver form.

Let me go to court for you — call me now for a free consult!  919-683-2175.                     

License Suspensions –Common Causes

(Revised October 8, 2013)

There are all kinds of reasons that a person’s license may get suspended.  Here are some of the more common ones I see.

The first one is failure to take care of a ticket.  If you get a ticket, you’ve got to resolve it in some way.  If you just ignore it, the court will note you as having  “failed to appear.”   If you don’t take care of the case within 20 days after that, the court will notify DMV, and they will send you a letter telling you that unless you resolve the case your license will be revoked.  If you still don’t resolve it, DMV revokes your license.  Then, three months  — or three years — later you get stopped at a license check or for another speeding ticket and are informed that your license is revoked, which is a very serious matter.  The officer may very well arrest a person charged with driving while license revoked (also known as “DWLR”).  Perhaps even worse, DWLR carries eight insurance points (which would result in a 220% increase in your insurance rates for three years).

At that point, I may get a call.  What we have to do is take care of both the old ticket and the new one.  We file a motion to put the old ticket back on the court docket and work out a plea.  Then, once that’s cleared up, the D.A. is often willing to allow the person to plead to the reduced charge of simply driving without a license (only one insurance point) or will consent to allowing the person to have a prayer for judgment continued, which may not result in any insurance points.

Another common reason people get their license revoked is for speeding higher than 80 mph, or for speeding more than 15 mph over the limit while at the same time driving in excess of 55 mph.  Those are automatic thirty-day suspensions.  (N.C.G.S. 20-16.1).

Yet another cause of a license suspension is getting convicted within a twelve month period of:  two charges of speeding in excess of 55 mph; or a charge speeding more that 55 mph and a charge of reckless driving, or a charge of speeding in excess of 55 mph and a charge of aggressive driving. (N.C.G.S. 20-16).

If any of the above situations might apply to you, please give me a call at 919-683-2175.  You may think you have no hope to keep your license, but all of us make mistakes and I have found that District Attorneys and judges are usually willing to work with people to help them avoid some of these harsh outcomes.  Sometimes we just have to ask for a second — or a third — chance.