FAQs
(Frequently Asked Questions.....)
|
"I had a DWI in NC in 1994 and I've had a Florida (or GA, VA, TN, etc.) license for years, but now they say I'm suspended out of NC and won't renew my Florida license. What's the problem?"
This means the client obtained the Florida license before the NC-DMV entered the client's license suspension on the National Driver Registry (NDR), a database where the various state DMVs enter names of people suspended in their respective states.
Common reasons for entry on the NDR: failure to appear, failure to pay fines or fees, failure to have completed a DWI program, etc. Whenever a person applies for a license, that state's License Office or DMV checks the NDR for entries, for 'stops' on the applicant's license eligibility. If they see a suspension coming out of NC they will refuse to allow you to apply for licensure or make any changes to your license, such as renewal, motorcycle endorsement, etc.
Also, NC did not join the National Driver Register till after the establishment of the Homeland Security Agency, so clients may have succeeded in obtaining a license in other states because that state was unable to access that client's license suspension in NC. They were suspended in NC all along however.
~~~~~~~~~~~~~~~~
"I had a DWI conviction in NC and I had an assessment here in Georgia (or FL, MO, TN, etc.), but they said I didn't need any DWI program. Now I'm suspended out of NC. What's the problem?"
This means the assessing agency was not aware of NC laws governing DWI convictions. In NC everyone convicted of DWI must obtain an assessment and complete a DWI program, following NC guidelines for such programs.
If the assessment shows "no problem with alcohol or drugs" and other criteria are met (low BAC, no refusal to blow, first offense), the person is recommended for a DWI education program. If an alcohol or drug problem is diagnosed or other criteria are present (BAC .15 or higher, refusal to blow, multiple offender), the person is recommended for one of four treatment program levels, depending on clinical need.
~~~~~~~~~~~~~~~~
"I had a NC DWI and I completed the correct program here in Florida (or GA, KY, MI, etc.). The agency sent in my paperwork to the NC-DMV but my license eligibility is still suspended in NC. What's the problem?"
The NC-DMV will not accept DWI program completion documents from out of state agencies, from the clients themselves, nor from attorneys. They will only accept proof of completion via the 508-R Form, and only a NC-licensed DWI agency may submit the 508-R Form. By law, a licensed NC DWI agency must be hired by the client to provide Out Of State DWI Case Management services.
~~~~~~~~~~~~~~~~
"How do I check a person's NC license eligibility status ?"
You need the person's NC driver license number (or the NC Customer ID number assigned to defendants without a NC license at time of arrest) and date of birth. Then call the NC-DMV's automated line at 919-715-7000. The first two menu selections are 1-2. This brings you to the Status menu and you are prompted to enter the Driver License Number or Customer ID Number and date of birth. The license status will be automatically retrieved and read to you, citing your suspension status and reason(s) for suspension.
~~~~~~~~~~~~~~~~
"I've completed the whole NC Out Of State DWI process, but when I went to my local DMV/License Agency to finally get my license they said I needed a 'Letter Of Clearance' from the NC DMV. How do I get that?"
What they are asking for is documentation from the NC DMV proving you are no longer suspended there. Traditionally this was done with a Letter Of Clearance by any state's DMV, however many states no longer issue them. The NC DMV has not issued Letters Of Clearance for over ten years. Instead, the NC DMV requests you obtain a current Certified Copy of your NC Driving Record (only a copy obtained after you completed the Out Of State process will show that the NC suspension has been lifted).
Some state DMVs don't require this, some do. Some state DMVs allow you to bring in the Certified Copy of your NC Driving Record yourself, while others insist it be mailed or faxed directly to your state's DMV or License Agency. If asked for a Letter Of Clearance, explain that NC DMV does not issue them and ask if you can bring in your NC record proving no suspensions or if it must be sent directly from NC DMV to that office.
You may obtain a Certified Copy of your NC Driving Record online:
http://www.ncdot.org/dmv/other_services/recordsstatistics/copyDrivingRec.html
Or call the NC DMV at 1-919-715-7000
~~~~~~~~~~~~~~~~
"The NC DMV says I have to complete a DWI program due to my NC DWI. Nobody said anything to me about this! What's the deal?"
At the time you were convicted of DWI in a NC court, you or your attorney was provided a paper copy of the Judgement Order which listed all the various penalties assigned to you by the presiding judge. These are listed checklist style. Along with typical penalties such as court costs, perhaps a fine, community service, a one-year (or more) license suspension, it is also checked off that you must "obtain a substance abuse DWI assessment and complete the level DWI program recommended by that assessment".
If you are unaware of this, it is because your lawyer did not share this with you, perhaps you lost your copy of the Judgement Order or forgot this detail over the years, or some other reason. However, this particular order to obtain an assessment and complete a DWI program is mandatory for everyone convicted of DWI in NC. The NC DMV will not accept "I didn't know" as a reason for failure to comply with it.
~~~~~~~~~~~~~~~~
|
Got a question? Call or write and ask me!
Phone: 1-252-883-9644
Email: martindwiservices >AT< gmail.com
(garbled to defeat spambots)
|
|
|
|
