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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1355
Experience:  Experienced Criminal Trial Attorney since 1998.
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I have a permanent suspension out of North Carolina for 3 or

Resolved Question:

I have a permanent suspension out of North Carolina for 3 or more moving violations on one ticket. I have been a resident of Texas for five years and am trying to resolve The "hold" NC has on my priveldge. All fines have been paid, all hoops jumped through. I am now awaiting a hearing from an officer @ the NCDMV......HELP!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 3 years ago.

Legal-Guru :

What have they told you about the upcoming hearing with NCDMV?

Customer:

I am to receive ( according to the cust.service rep) a packet from an hearing officer.

Legal-Guru :

Have you had a DUI or DWI?

Customer:

yes

Legal-Guru :

Ok, working on gathering some information.

Customer:

Everything happened in '05 and ALL conditions have been met, that were made by the court.

Customer:

What I need is a way to petition a TX court to give me a provisional lisc. until NC releases the "hold". I do not want some "hearing" officer arbitrarily deciding my fate....out o' state! LOL

Legal-Guru :

Ok, working on answer ...

Customer:

Thank you

Legal-Guru :

Unfortunately, a Texas court will not grant you a provisional license. The federal government (NHTSA) maintains a national database of drivers who have revoked or suspended driver licenses. Your current state must check that database before they can issue you a license. You will have to go through North Carolina to resolve this.

Customer:

Gotta step away for a sec, look forward to any(all) help possible.

Legal-Guru :

Furthermore, an administrative hearing officer is how it is done in every state. To get to court you have to appeal the decision of the administrative hearing officer if it is adverse to you, and that appeal would have to go to a North Carolina court.

Legal-Guru :

Still working on more info though ...

Legal-Guru :

You can check to see if you are on the National Driver Register (NDR) by submitting a request to the National Highway Traffic Safety Administration:

As a private citizen, you must send a notarized letter commonly referred to as a “privacy act request” to the NDR indicating that you would like an NDR file check. Individuals should send their request to the National Driver Register, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. Please include in your request your full legal name, DOB, State and Driver License Number, Sex, Height, Weight, and Eye Color (your social security number is XXXXX). There is no charge for this service.

Legal-Guru :

It appears that in 2009 NC made reinstatement of a permanent suspension possible. Researching the criteria they look at. If you are denied by the hearing officer, you have 30 days to appeal to the North Carolina Superior Court.

Legal-Guru :

What were the 3 or more moving violations?

Legal-Guru :

Are you online?

Expert:  Legal-Guru replied 3 years ago.
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Customer: replied 3 years ago.
I am sorry,had to step away. My moving violations are DWLR, speeding to elude and DWI. What is the proper legal procedure to getb this resolved out/state? Thanx
Expert:  Legal-Guru replied 3 years ago.
You are following it. You must go through the NC DMV. That is the administrative agency statutorily charged with making the decision. The packet they send you should contain everything you need.

If the hearing officer rules against you, you have thirty days to appeal to their decision to the Superior Court. I would advice hiring an attorney for this process. If you lose there, you can take it up to the North Carolina appellate courts.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1355
Experience: Experienced Criminal Trial Attorney since 1998.
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