DMV Hearing & License Points Information

The state of North Carolina can revoke your drivers license for a variety of reasons. These may include:

  • Excessive speeding
  • Driving While Impaired/DWI conviction
  • Driving After Consuming while Under 21 conviction
  • Failing to appear for scheduled court dates
  • Violating a blood alcohol restriction on your drivers license

DWI Restoration Hearings

After a first conviction of DWI, the driver’s license is automatically revoked for one year. After a second conviction the license is typically revoked for four years. The driver has a two year period with NO DRIVING PRIVELEGE after which they are eligible for a DMV hearing to obtain a limited privilege or restricted license, although it this not automatic. After three convictions, the driver’s license can be permanently revoked. The driver is not eligible for a hearing for five years. Once eligible for a hearing, contact the McGee Law Firm to prepare your case.

DMV hearings require preparation including gathering witnesses, scheduling a hearing and obtaining necessary documents.

Refusal Revocation Hearings

When charged with a DWI, every driver will be asked to submit to a test designed to determine the blood alcohol concentration. Even if you attempt to blow and the machine cannot obtain an accurate sample you can be cited with a willful refusal. This will result in the loss of your privilege to drive for one year. A DMV Refusal Revocation Hearing can help by presenting evidence that you did not willfully refuse to submit to the test or that the test was done either incorrectly or without probable cause.

Interlock Hearings

In instances of a DWI conviction involving a Blood Alcohol Concentration of .15 or higher or with a conditional restoration following multiple convictions, an interlock device must be placed on your car’s ignition. This device monitors blood alcohol levels and reports these to the DMV. All data obtained in this interlock device including your BAC when you attempt to drive is digitally reported to the DMV. Therefore if a driver blows into interlock and has positive BAC reading while on a limited or conditional privilege their license can be revoked.

If you receive a notice concerning a revocation for a .00 or .04 restriction it is vital to act immediately. You often only have ten days to respond IN WRITING to be eligible for a hearing. Contact the McGee Law Firm immediately so we can assist in this matter. These interlock hearings charges are extremely complex and technical, give yourself every opportunity to drive legally and safely, call The McGee Law Firm today.

Non-Hearing Reinstatement:

The McGee Law Firm may be able to file for a Motion for Appropriate Relief to undo a former judgment and possibly reinstate your driver’s license.

The most important thing to remember is not to drive until we can fix the problem! Continuing to drive while your license is revoked puts you in danger of further revocation and jail time. It can also jeopardize your hearing eligibility. Driving While License Revoked is a Class 1 misdemeanor and can put you in jail for up 120 days!

Driver’s License Points

If the driver is convicted of certain motor vehicle violations in North Carolina, driver’s license points are placed against his driving record. If the driver accumulates seven points, he may be assigned to a Driver Improvement Clinic. The clinic fee is $50. Upon completion of the clinic, three points are then deducted from his driving record. If the driver accumulates as many as 12 points within a three-year period, his license may be suspended. Accumulating eight points within this three-year period following the reinstatement of the license can also result in a license suspension.

If the driver’s license is suspended by the point system, it may be taken for:

60 days for the first suspension 6 months for the second 12 months for the third

When the driving privilege is reinstated, all previous driver’s license points are cancelled.

Driver’s License points are given for the following offenses:

Point Value:Conviction:
5 PointsPassing a stopped school bus loading or unloading children
4 PointsReckless driving
4 PointsHit and run, property damage only
4 PointsFollowing too closely
4 PointsDriving on wrong side of road
4 PointsIllegal passing
3 PointsRunning through stop sign
3 PointsSpeeding more than 55 mph
3 PointsSpeeding through school zone
3 PointsFailure to yield right of way
3 PointsNo driver's license or license expired more than one year
3 PointsRunning through red light
3 PointsFailure to stop for siren
3 PointsSpeeding through safety zone
3 PointsFailure to report accident where such report is required
3 PointsNo liability insurance
2 PointsAll other moving violations
1 PointLittering involving a motor vehicle

If you are driving a commercial vehicle different license points are assessed.


Driver’s license point values for conviction of violations while operating a commercial vehicle:


Point Value:Conviction:
8 PointsPassing a stopped school bus loading or unloading children
6 PointsRail-highway crossing violation
5 PointsReckless driving
5 PointsHit and run, property damage only
5 PointsFollowing too closely
5 PointsDriving on wrong side of road
5 PointsIllegal passing
4 PointsRunning through stop sign
4 PointsSpeeding more than 55 mph
4 PointsSpeeding through school zone
4 PointsFailure to yield right of way
4 PointsNo driver's license or license expired more than one year
4 PointsRunning through red light
4 PointsFailure to stop for siren
4 PointsSpeeding through safety zone
4 PointsFailure to report accident where such report is required
4 PointsNo liability insurance
4 PointsPossessing alcoholic beverage in passenger area
3 PointsAll other moving violations
1 PointLittering involving a motor vehicle

Any person who commits an offense for which points may be assessed for violations while operating a commercial motor vehicle may be assessed double the amount of any fine or penalty authorized by statute.

Insurance Points Check List:

If the driver is convicted of more than one violation arising from the same accident he will receive points for each violation.

Point Value:Conviction:
12 PointsManslaughter or negligent homicide
12 PointsPre-arranged highway racing or lending a car for such purpose
12 PointsDriving with a BAC of .08% or more
12 PointsDriving a commercial vehicle with a BAC of .04% or more
12 PointsHit and run driving involving bodily injury or death
12 PointsTransporting illegal intoxicating liquor
10 PointsHighway racing or lending a vehicle for such purpose, where the race is not pre-arranged
10 PointsSpeeding to elude arrest (at any speed)
8 PointsDriving during a period of revocation or suspension of license or registration
4 PointsHit and run driving involving property damage only
4 PointsReckless driving
4 PointsPassing a stopped school bus while it displayed warning signs
4 PointsSpeeding in excess of 75 mph where posted is less than 70 mph
4 PointsSpeeding in excess of 80 mph where posted speed is 70 mph or greater
4 PointsDriving after consuming alcohol or drugs where driver is less than 21 years of age
2 PointsIllegal passing
2 PointsFollowing too closely
2 PointsDriving on wrong side of road
2 PointsSpeeding more than 10 mph over posted speed limit, where driver's speed was in excess of 55 mph but less than 75 mph
2 PointsSpeeding 10 mph or less in a posted speed zone of 55 mph or greater *
 * These points will not apply if driver has had no other moving traffic violations during the experience period (preceding three years). If driver enjoys this waiver, and then is convicted on another moving violation within 3 years, he then gets the points both from the new conviction and the waived conviction. This waiver will not apply to speeding in a school zone. A PJC will not count as a conviction and void this waiver.
2 PointsSpeeding 10 mph or less where the posted speed is less than 55 mph **
 ** These points will not apply if driver has had no other moving traffic violations during the experience period (preceding three years). If driver enjoys this waiver, and then is convicted on another moving violation within 3 years, he then gets the points both from the new conviction and the waived conviction. This waiver will not apply to speeding in a school zone. A PJC will not count as a conviction and void this waiver.
2 PointsAny other conviction of a moving violation ***
 *** Improper brakes is a moving violation and will generate 1 point

A PJC will not cause any insurance points to apply if there have been no previous PJCs for the insured household in the previous 3 years. The household would include any licensed driver residing in the home at the time of the accident. A new effective PJC can be had every three years. A second PJC within three years will cause the first conviction’s points to go into effect, along with the points from the new PJC. This is only as to insurance points.

Points for Accidents:


Point Value:Type of Accident:
3 PointsMajor: At-fault accident causing $2500 or greater in property damage. At-fault accident causes in excess of $1500 in bodily injury
  
2 PointsIntermediate: At-fault accident causing property damage only between $1500 and $2500
  
1 PointsMinor: At-fault accident causing property damage of $1500 or less or bodily injury of less than $1500

There is a waiver of points for “minor” accidents where there is only property damage, no conviction of a moving traffic offense, and no licensed operators in the insured household has had any at-fault accidents in the previous three years. The waiver will not operate if there is any bodily injury.

If an incident generates both accident points and conviction points, only the higher total of points between the accident and the conviction(s) arising out of the accident will apply. The experience period defined as the three years immediately preceding the date of application or the preparation of the renewal. Insurance points will be applied for THREE POLICY YEARS.

Safe Driver Insurance Plan (SDIP):

A safe driver insurance plan (SDIP) represents an attempt to reflect in automobile insurance rating the proposition that, in the aggregate, drivers who have violated the motor vehicle laws, or who have caused one or more accidents in the past, are more likely to be involved in automobile accidents in the future. The North Carolina SDIP also applies to motorcycles and motorized scooters. N.C. G.S. 58-36-65 and N.C. G.S. 58-36-75 provides the statutory basis for the SDIP. Keep in mind the points are assessed against a policy based upon the points on the named insureds, listed drivers, and drivers in the households. As to listed drivers and drivers in the household, if their points have already been used in surcharging the premium on another policy, there will be no further surcharged on any other policy.

Upon conviction of certain traffic offenses, insurance points are assigned to a driver; and based upon the number of points, the total premium for all coverages, except UM/UIM, would be surcharged. Only the driver convicted of the traffic offense or found at fault in an accident is given points (unless the operator is a listed driver on the owner’s policy; i.e. son on father’s policy). It is important to know that all coverages are surcharged, not just liability coverages.

Surcharges Based on the Number of Points:


SDIP Points: Percentage Surcharge:
1 Point 25%
2 Points 45%
3 Points 65%
4 Points 90%
5 Points 120%
6 Points 150%
7 Points 180%
8 Points 220%
9 Points 260%
10 Points 300%
11 Points 350%
12 Points 400%

 








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The McGee Law Firm | 218 Princess Street, Wilmington, NC 28401 | Phone: 910-254-0400 | Email: Info@McGeeLawNC.com

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