Shelby Suspended License Attorney

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Shelby Suspended License Lawyer

In North Carolina, license suspensions are often handed down in cases where a driver is considered a risk to themselves and others. However, for many people, reliable transportation is crucial to their daily life and regaining their license is vital to their freedom. In such scenarios, consulting with a competent suspended license attorney in Shelby is highly recommended to explore the options for getting one’s license reinstated or restored. At The Schweppe Law Firm, P.A., we offer a wide range of legal services, including helping clients with the license reinstatement process and ensuring that the petition is complete which often increases the likelihood of a positive outcome. Our team is dedicated to assisting our clients in restoring their driving privileges by eliminating the underlying suspension.

The Schweppe Law Firm, P.A.: Your Shelby Suspended License Attorneys

At The Schweppe Law Firm, we are passionate about delivering exceptional legal services with a personalized touch for our Shelby clients. Our goal is to offer top-notch legal advice and guidance, backed by years of experience, while making each client feel like they are our number one priority. Whether it’s helping with a license suspension, navigating the complex legal system, or providing a strong defense, our team is dedicated to ensuring that our clients have the best possible outcome. We’re proud to serve the people of Shelby and to be a trusted resource for all their legal needs.

Why Does North Carolina Suspend Licenses?

In North Carolina, the Department of Motor Vehicles and the courts have the authority to suspend a driver’s license if they believe that the driver poses a danger to themselves or others on the road. Some common reasons for license suspension include:

  • Accumulating 12 or more points on your license within a three-year period, as a result of moving traffic violations such as speeding or failure to obey other traffic laws.
  • Participating in or spectating illegal street racing. North Carolina has strict laws against street racing and related activities, and anyone involved in such activities may face license suspension and criminal charges.
  • Refusing to submit to a sobriety test: When you head out on the road, you are implicitly consenting to any sobriety test if the police have probable cause. You also have a legal right to refuse to participate in a breath test, but the police will immediately suspend your license.
  • DWI/DUI: A DWI conviction can come with serious consequences, including a license suspension, fines, community service, and even jail time. Even a first-time offender can have their license suspended, so it’s important to seek legal help as soon as possible if you’re facing a DWI charge.
  • Driving with a suspended license: If the DMV has already suspended your license and the police find you behind the wheel, you’ll face an increased suspension.
  • Driving without insurance: North Carolina law requires all drivers to carry liability insurance to help provide restitution to another driver in the case of an accident. If you are driving without insurance or your insurance card has expired, the police may move to suspend your license.
  • Reckless driving: Whether it is swerving or speeding, the police will stop anyone who drives with recklessly  and without considering the rules of the road. Attempting to pass outside of designated zones or driving on the wrong side of the road can quickly lead to a license suspension.
  • Failure to pay parking tickets: You must pay any outstanding tickets within a timely manner, and failure to do so may lead the suspension of your license.
  • Committing vehicular manslaughter: Aside from the criminal and civil charges you face, the state may also suspend your license after a charge of vehicular manslaughter. This suspension can happen regardless of whether drugs or alcohol are involved.

The duration of a license suspension depends on the nature of the offense that triggered the suspension. Certain offenses may result in a suspension of only 30 days, while others may incur even a permanent suspension. An experienced lawyer can help determine the duration of the suspension and the requirements for reinstatement.

FAQs About Shelby, NC Suspended License Laws

What Kind of Penalties Does Someone Face for Driving with a Suspended License in Shelby?

Driving with a suspended license is not a trivial offense and may result in a Class 1 misdemeanor charge, in addition to any other charges related to the underlying cause of the license suspension. The sentence for a Class 1 misdemeanor is at the discretion of the judge, who may impose a fine or incarceration, taking into consideration various factors, such as:

  • The severity of the offense
  • The driver’s criminal history
  • The potential for harm caused by the offense
  • Mitigating or aggravating circumstances

How Do I Get My Suspended License Back in Cleveland County?

Once the terms of the suspension have been fulfilled, drivers can apply for a license reinstatement at the DMV by paying the required fees, which typically amount to approximately $140. In some cases, drivers may also need to pass a driving test in order to have their license reinstated.

For those seeking to have their license reinstated without serving the full suspension period, an appeal must be filed with the North Carolina DMV within 10 days of the suspension. Upon appeal, a hearing will be scheduled where the DMV will present evidence and witnesses and the driver will have the opportunity to provide a rebuttal and present evidence in their defense. Given the stakes, it is advisable to retain the services of a seasoned attorney to navigate this complex process.

What Should I Do When the Police Arrest Me for Driving With a Suspended License?

Upon being arrested, it is important to remain calm and avoid panic. Two key rights must be remembered and invoked as soon as possible: the right to remain silent and the right to an attorney. It is essential to resist the urge to speak to law enforcement without an attorney present, as any statements made may be used against you in court. Engaging an attorney ensures that your rights are protected and any information you provide is properly documented and used in your defense.

Should I Hire an Attorney When Attempting to Get My Suspended License Back?

Whether you find yourself on the way to a hearing to fight a license suspension or are struggling with the consequences of driving with a suspended license, retaining the assistance of an experienced attorney is a smart choice.

Attorneys are adept at presenting compelling arguments on your behalf in court or during a hearing, typically bringing better outcomes compared to self-representation. While judges may afford some leniency to those representing themselves, they still anticipate a level of legal understanding comparable to that of an attorney.

Mastering the intricacies of relevant traffic laws and precedents in the limited time before your court appearance is an arduous task. Your lawyer, armed with knowledge or the ability to swiftly locate pertinent information, can bridge this gap. This wealth of understanding and experience could prove pivotal, potentially distinguishing between retaining your license and facing an extended suspension.

For those caught driving without a valid license, the consequences include jail time, substantial fines, and other penalties. In such high-stakes scenarios, securing the services of an attorney increases your chances of mitigating the severity of the consequences. Even if a not-guilty verdict isn’t attainable, your attorney can strategically navigate for a more lenient sentence.

Additionally, your attorney plays a crucial role in guiding you through the intricacies of the application process when requesting a hearing to appeal the suspension. Their expertise ensures you navigate these legal proceedings with the best possible chance of a favorable outcome.

The Schweppe Law Firm, P.A.: Seasoned Shelby Attorneys

Driving with a suspended license can have far-reaching and potentially damaging consequences, from impaired career prospects to restricted mobility. If you are facing a license suspension or criminal charges for driving with a suspended license, a knowledgeable Shelby attorney can provide invaluable assistance in navigating the legal complexities involved. The Schweppe Law Firm, P.A. offers comprehensive legal services in this area and is committed to helping clients regain their driving privileges and protect their rights. Schedule a consultation with us today and let us fight for your rights and help you get back on the road.

Zero % Interest Payment Plans Available. As well as Military, First Responders, Government Worker’s and Educator’s Discounts Available.