News Letter LOORFR PLLC - Law Offices of Raushanah F. Rodgers
Transcription
News Letter LOORFR PLLC - Law Offices of Raushanah F. Rodgers
1 2 LOORFR, PLLC issue 1, 8/8/13 LAW OFFICES OF RAUSHANAH F. RODGERS, PLLC Driving While License Revoked Issue 1, 8/8/13 A DWLR conviction and it’s many consequences DWLR Continuation: “How does DMV handle DWLR convictions.” 1, 2 HELP: I’ve pled to a DWLR or two or three. 2, 3 HELP: I’ve pled to a DWLR or two or three. Unfortunately many of today’s drivers are on our highways with a revoked drivers license. If stopped by a police officer, an officer will learn that the driver is driving on a revoked license and charge the driver with driving while license revoked. On the court date for the actual charge, the district attorney will want to know what the Defendant wants to do. Should the Defendant plead guilty, not guilty or lawyer up? 3 Basics: Earning your privilege to drive again. Limited Privilege 3, 4 Call or text our offices at 919-688-7878 How does DMV handle DWLR convictions? When you go into any courthouse and plead guilty to a DWLR or are found guilty of a DWLR, DMV will consequence you. DMV consequences you by suspending your driving privilege (ability to drive) for a period beyond the date that you are convicted of DWLR. Your date of conviction is the actual calendar day that you either plead guilty or are found guilty. For your first conviction, DMV will suspend your ability to drive for a period of one year from your date of conviction. So say on August 8th of 2013, you plead guilty to DWLR. DMV will be notified of your conviction and will suspend you from 8/8/13 until 8/8/14. On 8/8/14, if you qualify for reinstatement, 1 2 LOORFR, PLLC issue 1, 8/8/13 continuation: How Does DMV handle DWLR convictions? you can apply for reinstatement. If you plead guilty or are found guilty of a DWLR for a second time, DMV assumes that you have not learned your lesson from the first one-year suspension period. DMV steps up the ante just a tad and suspends you for two (2) years from the date of conviction. So if you plead guilty to DWLR on December 10th 2012 after an earlier conviction for DWLR, DMV will suspend your driving privilege for two years and your suspension will end on 12/10/2014. Now, suppose you get stopped driving after pleading guilty to the second DWLR. You’re driving on 10/13/2014 during your suspension period, then of course you will be charged again with DWLR. This will be your third round at the rodeo L When you get into court and plead guilty yet again, DMV is going you hook you right on up. DMV will suspend you once again but this time the suspension will be permanent. DMV calls it a PERM. Once you are permanently suspended, you no longer qualify to apply for reinstatement of your drivers license. You will be required to have a hearing before a DMV hearing officer to even think about getting your drivers license re-issued. § 20-28. Unlawful to drive while license revoked, after notification, or while disqualified. (a) Driving While License Revoked. –any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 1 misdemeanor. HELP: I’ve pled to a DWLR or two or three L Start by calling an attorney with traffic experience as quick as possible. Especially if you are currently in court on more traffic charges. Our office number is 919-688-7878; you can start by calling us. Next, immediately after you hang up the phone with the attorney of your choice, order your driving record from DMV by clicking this link: https://edmvdr.dot.state.nc.us/DrivingRecords/DrivingRecords After you’ve ordered your drivers license and have it in hand, fax it to us at 888-788-5629 or email it to Attorney Rodgers at [email protected], you will review it and offer you feed back for zero dollars. A hardworking, honest attorney is the only attorney that deserves your business. 1 2 LOORFR, PLLC issue 1, 8/8/13 Basics: earning your privilege to drive again. Once your license is suspended/ revoked and you lose your ‘privilege’ to drive, you must work really hard to get your driving privilege back. DMV is watching you. Take the following steps: 1) Stop driving; 2) Don’t get caught driving; 3) Contact a lawyer and have your record reviewed; 4) Get a second opinion if you don’t trust your lawyer; 5) Identify whether you qualify for reinstatement, a hearing or a limited driving privilege; 6) Follow your attorney’s advice; 7) Pay off all outstanding court fines and fees Note that you may not immediately qualify for a drivers license. You may be permanently suspended (PERM) or have a suspension that is still in existence. Whatever your situation, you want to be guided by an attorney you trust. Be sure that your attorney is well versed on DMV rules and requirements. In fact, inquire as to whether your attorney will speak with DMV before his/her representation of you concludes. Depending on your situation, a limited driving privilege may be best for you. A limited driving privilege is a ‘test run’ of how you will handle being re-licensed. DMV is closely watching how you behave on your limited driving privilege. The privilege will allow you to get to and from work and handle household obligations. Continued… 1 2 LOORFR, PLLC issue 1, 8/8/13 Limited Driving Privilege Limited driving privileges are issued by the court in the county where you reside. If you qualify, the judge will authorize you to drive within the State of North Carolina so that you maintain your job and household. The judge will dictate what hours you can drive and on which days. If you drive at times other than ordered by the judge—you will be charged with DWLR. A DWLR will clearly delay your changes of getting a drivers license. If you drive on a limited driving privilege without incident—once the privilege terminates DMV will likely reward you J You want to have your privilege and behave in accordance with it so that you can become a licensed driver and not have to abide by the limitations the court placed upon you when issuing your privilege. Be sure to speak with your attorney about whether you qualify for a privilege. You will need your driving record, a DL123 (insurance verification) and proof of work hours. All this we can do. All this we will do.” Barack Obama, Inauguration Speech “The Law Offices of Raushanah F. Rodgers, PLLC is a full-service law firm providing criminal and civil representation and legal advice. We represent clients in the following NC counties: Alamance, Chatham, Cumberland, Durham, Granville, Guilford, Halifax, Harnett, Johnston, Lee, Orange, Person, Vance and Wake Counties. .” Law offices of Raushanah f. rodgers, pllc 807 E Main St, Bldg 4, Ste 131 Durham, NC 27701 Future DWLR Client 101 Any where address Durham, NC 27701