**Because these hearings are so important, you should immediately call us when you receive a hearing notice. Nevertheless, it is still worth fighting and gives you additional time to prepare for possible loss of license. However, these appeal hearings are often difficult to win, and decisions tend to favor the State. As a result of these situations, we argue your case and fight for you before a Hearing Officer. Furthermore, some people have medical problems that prevent them from “blowing” hard enough to pass. In addition, we see many cases where our client tries to give a sample but “time out”. So what if you did not understand your rights or tried to “blow” but the machine was not working? For example, language issues may prevent you from making a willful decision. However, you can still win if the arresting officer does not show at the hearing.
While this does not seem right, or even fair, this is the current law in North Carolina. Rather, you exercised your Constitutional right to refuse, but there are consequences. As a result, if you did refuse, there really is no legal defense. Easily apply to this job without a resume: Responsive employer. Apply to Administrative Specialist, Transport Driver, Examiner and more.
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Furthermore, the hearing will determine if you willfully refused breath testing. 123 North Carolina Dmv Driver License Office jobs available on. Once you file the appeal, you can expect approximately 2 -3 months before a hearing. But if you wait more than 10 days, your only choice is a LDP. So you can see why most clients prefer this option. In addition, you save $300 in unnecessary costs as we include this service in our flat rate attorney fee. Rather than a “ limited driving privilege,” you get your full license back pending the DMV hearing. As a result, we move quickly once you hire our firm. So what do you need to appeal? DMV Refusal Hearingīecause you only have 10 days, it is critical that you file your request as soon as possible. However, you can file an appeal within 10 days after arrest and request a DMV refusal hearing. While it is your right to refuse breath testing, you will lose your license immediately if you do.