How to Get Your License Back After It’s Been Suspended in North Carolina
Having a suspended license can be a burden on you and your family. Trying to get back and forth from work, caring for your children, or simply getting groceries can be difficult and stressful. At Scheuring Law, PLLC, we excel at clearing up traffic tickets in Granville, Franklin, Warren, Vance and Person counties. Here's a step-by-step guide to help you understand the process and how we can get started working today to get your license back.
1. Pull Your Driving Record.
The first thing you need to do is pull a copy of your driving record so we can figure out why your license is suspended. You can pull a copy of your driving record from the NCDMV by going here:
https://payments.ncdot.gov/auth
(The full non-certified history for $12.75 is good for court)
2. Understand the Reason for Your Suspension
The next step is to have us conduct a professional review of your driving record and figure out why your license is suspended. Some common reasons include:
Unpaid Court Costs/Fines: If you plead guilty to a traffic ticket and the judge ordered you to pay court costs and a fine and you missed your payment due date, there will be an additional $50 failure to comply fee.
Failure to Appear in Court: If you missed your court date and more than 20 days has passed, the DMV will attach a $200 failure to appear fine and mail you a letter that informs you that you have 60 days to resolve your ticket or your license will be suspended.
Accumulation of Points/Multiple Tickets: Accumulating 12 points at any time or 8 within a 3-year period can result in suspension. Similarly, if you plead guilty to too many tickets within a certain time, that will result in a mandatory suspension (for example, two reckless driving tickets within 12 months, two tickets over 55mph within 12 months, etc.). See my resources section for a full list of potential suspensions.
Moving Violation While Suspended: If your license is suspended and you plead to a moving violation, that will result in an additional suspension. For your first offense, it is an additional 1-year suspension. For your second offense, it is an additional 2-year suspension. For your third offense, it will result in a permanent suspension and you will have a 3-year waiting period before you can petition the DMV to reinstate your driver’s license. During this waiting period, you cannot receive any traffic tickets or your 3 year waiting period starts all over again.
DWI Offenses: Driving While Impaired charges all carry a mandatory suspension. It is also common for judges to order other requirements, as part of a sentence for a DWI, such as community service, an alcohol assessment and classes (ADETS), and in some cases, a MADD Victim Impact Panel. If your breath sample was over a .15, you have to have an interlock (blow device) installed and drive with that for 1-year, regardless of whether you serve out your suspension period with a driving privilege or not. Failure to complete some of these requirements could result in an order for arrest, probation violation and indefinite suspension of your license.
Accident Cases: If you had an accident and were not carrying liability insurance during the time of that accident, the DMV will attach a “failure to deposit security” suspension to your license. This is an indefinite suspension that will not be lifted until the appropriate action is taken (see below).
3. Fulfill All Court and DMV Requirements
Once you know the cause of your suspension, take the necessary steps to resolve it. This may include:
Unpaid Court Costs/Fines: This is a very easy fix because everything has been resolved, you simply just need to pay your money. With the new electronic filing system, you can now pay these funds online using a credit card. We can provide you with a link and payment instructions.
Failure to Appear in Court: In many cases, we can submit a motion to have the judge strike this failure to appear, which saves you the $200 fine and reinstatement fee to get your license back (this is assuming that this is the only outstanding requirement needed to get your license back). We will then have the clerk put your case back on the docket and get it resolved ASAP. After your case is resolved, we’ll provide you with payment instructions.
Accumulation of Points/Multiple Tickets: In these cases, you might have to just wait out your suspension period, though for some drivers, you might be eligible for a DMV hearing to avoid a suspension. In limited cases, you can petition for a limited driving privilege. Make sure you save all your mail from the DMV, because it will provide you with a deadline by which you have to request a DMV hearing or else your right to a hearing is forever lost.
Moving Violation While Suspended: Similarly, in these cases, you can simply wait out your suspension period and for some drivers, you can petition for a limited driving privilege.
DWI Offenses: In many cases, we can strike your order for arrest, add your case back on the docket and get everything resolved once you have complied with all the outstanding requirements. If you need to get an interlock installed or have a 508 form faxed over confirming that your substance abuse assessment and treatment has been completed, we can assist you in how to get this done.
Accident Cases: In order to remove this suspension, you will need to provide the DMV will the appropriate paperwork. The DMV has an affidavit that you can fill out and submit that says you either: 1) have not been sued for the money arising from the accident, or 2) you have agreed to pay back the other motorist’s insurance for the damage from the accident and have an agreed upon monthly schedule to do so. Similarly, if the statute of limitations has passed (the time that the other motorist’s insurance company has to sue you to collect money from the accident), you can submit paperwork to clear this suspension.
4. Apply for Reinstatement
Once everything has been fixed, you simply need to apply to reinstate your license. We believe that the best practice for reinstatement involves taking the following action:
Call the DMV’s Automated Number: You can now call the DMV 24/7 at their automated number to confirm that you’re able to get your license back. Navigate through the menu until you confirm that the status of your license is “active” or “eligible for reinstatement.” If it says “suspended,” you still have an outstanding requirement or the system hasn’t completely updated yet. If you have a specific question regarding an outstanding requirement, you can dial “0” and talk with a customer service representative from Monday – Friday, 9AM to 5PM. Here is their number:
NCDMV: 919-715-7000
Paying the Reinstatement Fee: Once you have confirmed that you are eligible to pay your reinstatement fee to get your license back, you can pay your reinstatement fee electronically through moneygram. For further instructions, please see the information below from my FAQ section:
https://www.grantscheuringlaw.com/faq
“After your suspension period is over, if all other requirements have been satisfied, you must pay a reinstatement fee to the NC DMV. The DMV will then send you a new license in the mail. You can pay your reinstatement fee either in person at any NC DMV driver’s license location or electronically by using the instructions below.
To pay electronically, you must create a moneygram account, by going here:
https://www.moneygram.com/mgo/us/en/
After creating an account, use the following information for payment:
NCDMV Biller ID #: 18857
Biller Account Number: Your NC Driver’s License Number (without any zeros in the beginning).”
Fees vary depending on the reason for suspension. For example, at the time of this article, the current reinstatement fee is $83.50 for traffic related offenses and $167.75 for DWI related offenses:
https://www.ncdot.gov/dmv/license-id/license-suspension/Pages/driver-license-restoration.aspx
Completing Any Additional Requirements: If your license has been suspended for a very long time (many years) you might have to retake the driving, written or visual test in person at the DMV. Given the current state of our DMV, you might be best trying to complete this through a walk-in appointment. These can commonly take all day, so plan accordingly. You can also make an appointment, but these are often very far out into the future (several months) at the moment.
How Scheuring Law, PLLC Can Help
Navigating the process of license reinstatement can be overwhelming. At Scheuring Law, PLLC, we have years of experience representing folks regarding DWI, misdemeanor, felony, and traffic-related matters. We understand the local rules and policies in Granville, Franklin, Warren, Vance, and Person counties and can provide personalized and effective representation.
We offer:
Free Consultations: Discuss your case with us at no initial cost.
Direct Access: Communicate directly with your attorney via phone and text.
Court Appearances: We can appear in court on your behalf, saving you time and stress.
If your license is suspended, don’t go through this process alone. Call us and we’ll get a plan together and start working towards getting your license back today!
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The information provided herein is given for educational purposes only and is not to be construed as legal advice. Never take any action without first consulting with an attorney. Failure to do so can result in your license being suspended, your insurance rates going up, or in some cases, potentially going to jail or have a permanent conviction on your criminal record. No attorney client relationship is formed by the information being provided herein.
