Janet P. Reed, Lawyer in North Carolina: January 2019

Saturday, January 19, 2019

North Carolina attorney Janet Reed provides an overview on restoration of driving privileges in North Carolina.

North Carolina attorney Janet Reed provides an overview on restoration of driving privileges in North Carolina.

Reinstatement of driving privileges in North Carolina may come after either a suspension or a revocation. If a driver’s license is suspended for a set period of time, then restoration is relatively straightforward. After the suspension is over, the driver must go to the DMV and pay the applicable fees to have their driving privileges reinstated. There may be an additional fee if the suspension stems from a Driving While Impaired conviction. There may also be suspension of an indefinite period, typically a result of some other violation such as failure to appear in court, failure to pay a fine, or back owed child support. These require the resolution of the underlying issue before the license can be reinstated. Certain offenses which carries a lengthy suspension period may allow the driver to petition for reinstatement prior to end the length of the entire suspension.

The process is more complicated for reinstatement after revocation of driving privileges. In such situations, a DMV hearing or a hearing in front of an administrative law judge may be required. The amount of time that must pass in order for the driver to be eligible for a hearing depends on the underlying reason for the revocation.

It may be advisable to retain an attorney for reinstatement hearings, particularly after a revocation due to multiple DWI offenses. Just like a court hearing, petitioner will need to provide witnesses and evidence to support their case. An experienced attorney can help ensure that the petitioner prepare and present a strong case for reinstatement.

Individuals whose license has been suspended or revoked may also petition for limited driving privileges. Limited driving privileges permit the driver to drive under specified restrictions such as when and where the driver may drive. The purpose of such exception is to allow the driver to drive when it is necessary for things such as employment, education, medical care, or religious worship. The specific requirements for obtaining limited driving privilege will depend on individual circumstances. Violation of the conditions of limited driving privilege is a serious offense and is a class 1 misdemeanor.

While suspension or revocation of driving privileges is a serious and potentially life altering event, working with a qualified attorney to explore all available options can minimize the impact of such suspension or revocation.

About Janet Pittman Reed

Janet P. Reed is an attorney in Jacksonville, North Carolina, and handles Family Law cases such as Divorce & Separation, Personal Injury, Traffic, Criminal Law, Driver’s License Restoration Services, and Civil Litigation cases.

Website: https://janetreedlaw.com/

Blog: https://janetreedesq.blogspot.com/

Attorney Profile: https://solomonlawguild.com/janet-p-reed

News: https://hype.news/janet-p-reed-attorney-in-north-carolina/

LinkedIn: https://www.linkedin.com/in/janetpittmanreed/

Twitter: https://twitter.com/leglone?lang=en

Janet Pittman Reed, attorney has been licensed since 1997 and handles cases in Divorce & Separation. She works in Jacksonville, North Carolina, and attended University of Florida, Levin College of Law. She is admitted in North Carolina.

North Carolina attorney Janet Reed provides an overview on expunction in North Carolina

North Carolina attorney Janet Reed provides an overview on expunction in North Carolina

Expunction, also known as expungement in other jurisdictions, can be a powerful tool to assist those seeking a fresh start.

Attorney Janet Reed, based in North Carolina, has published an overview of expunction. The complete article will be published on her Blog at https://janetreedesq.blogspot.com/ Note: Detailed discussion of expunction and specific procedure is beyond the scope of this overview and those interested are encouraged to discuss the specifics with a qualified attorney.

Expunction refers to a process by which a court orders provides that a person’s record of a prior proceeding is deleted from the public record. It is important to note that there may be limitations to the effects of expunction. Although an expunction order may extend to certain private entities, not all private entities are subject to the expunction order.

Expunction in North Carolina is generally a creature of statute and must be specifically authorized by statute. There are four broad categories of expunctions in North Carolina: (1) convictions or other matters based on age of the person at the time of the offense or age of the offense; (2) dispositions that do not constitute a conviction, such as dismissals or diversions; (3) drug offense; and (4) specific offenses identified by the General Assembly where defendant’s culpability may be lessened or otherwise warrant relief. Each category is governed by a different statute and may have requirements specific to the category.

One important note for petitioners as well as practitioners is that if a person is seeking more than one expunction, order of obtaining the expunctions may still matter. Legislative amendment in 2017 has largely done away with the importance of the order, but expunction under some categories still requires that the petitioner has not previously obtained other types of expunctions. Thus, for individuals seeking multiple expunctions, it is critical to work with a qualified attorney to ensure that there is no issue regarding order of the expunctions.

As previously mentioned, each type of expunction is governed by a separate statute and must meet the requirements of those statutes. There are, however, still general commonalities among expunctions. The person seeking the expunction must file a petition seeking expunction with the appropriate court showing that they meet the requirements of the relevant statute. Only in very limited circumstances do the statute provide for automatic expunction.

Generally, expunction is mandatory rather than discretionary. Therefore, once a court determines that the requirements of the statute has been met, expunction is typically required. Most petitions are filed in the place of conviction, but proper venue is determined by statute and again requires consultation with a qualified attorney. Typically, expunction process requires the petitioner to consent to record checks. While most expunction petitions require a fee, courts are authorized to allow petitioners to proceed as indigent person.