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Winston-Salem Suspended License Lawyers

Few things in life can cause as many problems as the suspension or revocation of a driver’s license. Anybody who learns that their license is no longer valid will want to contact a Winston-Salem suspended license attorney for help restoring driving privileges.

Make this next decision count.

WInston-Salem Criminal Defense Attorneys

Our clients are people, not case numbers

We treat our clients with the dignity and respect they deserve.

The lawyers at Graystar Legal have years of experience helping people all over North Carolina get their licenses back in good standing after tense encounters with police officers. We can help determine exactly what the issue is with your driver’s license and then fight to get your privileges back.

Types of Cases Our Winston-Salem Suspended License Attorney Handles

There are several reasons why a license can suddenly be in poor standing. Revocation or suspension of driving privileges can be the result of:

  • You were amassing 12 or more points for moving traffic violations in any three-year period – License suspension of up to 60 days
  • Driving while impaired (DWI) conviction One-year suspension for first-time offenders, four-year suspension for the second DWI within three years of the first DWI
  • Refusing to submit to or failing a breath test – One-year suspension
  • Speeding by at least 15 mph more than 55 mph in a one-year period – Minimum 30-day suspension
  • Committing manslaughter while driving under the influence of alcohol or drugs One-year suspension
  • Driving without auto liability insurance – 30-day suspension
  • Racing on a public highway or watching or betting on racing – Three-year suspension
  • Obtaining a driver’s license or learner’s permit under false pretenses – One-year suspension
  • Driving with a suspended license or no license – Suspension of up to five years

People can also face suspensions or revocations for failing to respond to a DMV notice or failure to appear in court, not paying traffic tickets, fines, or surcharges, not paying child support, illegally transporting alcoholic beverages, or driving recklessly or aggressively. North Carolina General Statute § 20-28 is the state law relating to driving without a valid license.

Under this law, an individual whose driver’s license is revoked and drives a motor vehicle on North Carolina highways while the license is revoked commits a Class 3 misdemeanor. – Any person whose driver’s license was revoked because of an impaired driving revocation and drove a motor vehicle on North Carolina highways commits a Class 1 misdemeanor.

An individual who has been disqualified but drives a commercial motor vehicle during their disqualification period commits a Class 1 misdemeanor and will be further disqualified for an additional period as follows:

  • A first offense of driving while disqualified – A disqualification for the same period as what the person was disqualified for when the offense occurred.
  • A second offense of driving while disqualified – A disqualification for a period equal to two times the amount for which the person was disqualified when the offense occurred.
  • A third offense of driving while disqualified – Disqualified for life.

Possible Criminal Penalties in Winston-Salem

Driving on an invalid license is generally a misdemeanor offense in North Carolina. The three types of possible penalties for misdemeanor convictions include:

  • Active punishment – A jail sentence the alleged offender serves in a local or state jail or another confinement facility.
  • Intermediate punishment – An intermediate punishment may involve a judge sentencing the alleged offender to supervised probation with possible house arrest provisions, electronic monitoring, drug treatment court, and brief periods of time in a jail or other confinement facility.
  • Community punishment – Community punishment usually forgoes all jail time and instead involves a fine, probation, and/or community service.

Sentences in North Carolina are also based on prior conviction levels, with the three levels being:

  • Level I – No previous convictions.
  • Level II – One to four previous convictions.
  • Level III – Five or more previous convictions.

After a judge reviews an alleged offender’s prior convictions, sentences can include:

  • Class 3 misdemeanors – Up to 30 days of active, intermediate, or community punishment and a $200 fine.
  • Class 2 misdemeanors – Up to 60 days of active, intermediate, or community punishment and a $1,000 fine.
  • Class 1 misdemeanors – Up to 120 days of active, intermediate, or community punishment and a fine with no statutory maximum that is at the judge’s discretion.
  • Class A1 misdemeanors – Up to 150 days of active, intermediate, or community punishment and a fine with no statutory maximum that is at the judge’s discretion.

Aggravating and Mitigating Factors

Misdemeanors can involve mitigating or aggravating factors. Aggravated and mitigated sentences are established under North Carolina General Statute § 15A-1340.16, and mitigating factors include:

  • The alleged offender committed the alleged offense under coercion, duress, threat, or compulsion that was not sufficient to constitute a defense but significantly reduced culpability.
  • The alleged offender was a passive participant or played a minor role in the commission of the alleged offense.
  • The alleged offender was suffering from a mental or physical condition that was insufficient to constitute a defense but significantly reduced the alleged offender’s culpability for the alleged offense.
  • The alleged offender’s age, immaturity, or limited mental capacity at the time of commission of the alleged offense significantly reduced the alleged offender’s culpability for the alleged offense.
  • The alleged offender made substantial or full restitution to the alleged victim.
  • The alleged victim was more than 16 years of age and was a voluntary participant in the alleged offender’s conduct or consented to it.
  • The alleged offender assisted in the apprehension of another felon or testified truthfully on behalf of the prosecution in another felony prosecution.
  • The alleged offender acted under strong provocation, or the relationship between the alleged offender and the alleged victim was otherwise extenuating.
  • The alleged offender could not reasonably foresee that the alleged offender’s conduct would cause or threaten serious bodily harm or fear, or the alleged offender exercised caution to avoid such consequences.
  • The alleged offender reasonably believed that the alleged offender’s conduct was legal.
  • Prior to an arrest or at an early stage of the criminal process, the alleged offender voluntarily acknowledged wrongdoing in connection with the alleged offense to a law enforcement officer.
  • The alleged offender has been a person of good character or has had a good reputation in the community in which the alleged offender lives.
  • The alleged offender is a minor and has reliable supervision available.
  • The alleged offender has been honorably discharged from the Armed Forces of the United States.
  • The alleged offender has accepted responsibility for the alleged offender’s criminal conduct.
  • The alleged offender entered and is currently involved in or successfully completed a drug treatment or alcohol treatment program following the arrest and prior to trial.
  • The alleged offender supports the alleged offender’s family.
  • The alleged offender has a support system in the community.
  • The alleged offender has a positive employment history or is gainfully employed.
  • The alleged offender has a good treatment prognosis, and a workable treatment plan is available.
  • Any other mitigating factor that is reasonably related to the purposes of sentences.

Aggravating factors include:

  • The alleged offender induced others to participate in the commission of the alleged offense or had a position of leadership relating to other participants.
  • The alleged offender joined with more than one other person in committing the alleged offense and was not charged with committing a conspiracy.
  • The commission of the alleged offense was for the benefit of, or at the direction of, a criminal gang as defined by North Carolina General Statute § 14-50.16A(1), with intent to either further, promote, or assist in criminal conduct by gang members, and the alleged offender was not charged with committing a conspiracy.
  • The alleged offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
  • The alleged offender was hired or paid to commit the alleged offense.
  • The alleged offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
  • The alleged offense was committed against or caused serious injury to a present or former Division of Adult Correction and Juvenile Justice of the Department of Public Safety employee, law enforcement officer, jailer, emergency medical technician, fireman, ambulance attendant, social worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, juror, prosecutor, or witness against the alleged offender, while they were engaged in the performance of official duties or because of the exercise of their official duties.
  • The alleged offense was committed against or proximately caused serious harm as defined in North Carolina General Statute § 14-163.1 or death to a law enforcement agency animal, assistance animal, or search and rescue animal as defined in North Carolina General Statute § 14-163.1, while engaged in the performance of the animal’s official duties.
  • The alleged offense was especially heinous, atrocious, or cruel.
  • The alleged offender knowingly created a considerable risk of death to more than a single person by means of a weapon or device that would normally be hazardous to the lives of more than one person.
  • The alleged offender held public elected or appointed office or public employment at the time of the alleged offense, and the alleged offense was directly related to the conduct of the office or employment.
  • The alleged offender is a firefighter or rescue squad worker, and the alleged offense is directly related to their service as a firefighter or rescue squad worker.
  • The alleged offender either was armed with or used a deadly weapon at the time of the alleged crime.
  • The alleged victim was very young, very old, mentally or physically infirm, or handicapped.
  • The alleged offender committed the alleged offense while on pretrial release on another charge.
  • The alleged offender has, during the 10-year period prior to the commission of the most recent alleged offense, been found by a court to be in willful violation of conditions of probation that were imposed pursuant to a suspended sentence or was found by the Post-Release Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to their release from incarceration.
  • The alleged offender involved a person under the age of 16 in the commission of the crime.
  • The alleged offender committed the alleged offense and either knew or reasonably should have known that a person under 18 years of age who was not involved in the commission of the alleged offense was in a position to see or hear the alleged offense.
  • The alleged offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the alleged offense involved an unusually large quantity of contraband.
  • The alleged offender took advantage of a position of trust or confidence, including a domestic relationship, to commit the alleged offense.
  • The alleged offense involved the sale or delivery of a controlled substance to a minor.
  • The alleged offense involved the manufacture of methamphetamine and was committed where a person under 18 years of age lives, was present or was otherwise endangered by exposure to the drug, its ingredients, its by-products, or its waste.
  • The alleged offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings.
  • The alleged offense for which the alleged offender stands convicted was committed against an alleged victim because of the alleged victim’s race, color, religion, nationality, or country of origin.
  • The alleged offender does not support the alleged offender’s family.
  • The alleged offender has previously been adjudicated delinquent for an alleged offense that would be either a Class A, B1, B2, C, D, or E felony had it been committed by an adult.
  • The serious injury inflicted upon the alleged victim is permanent and debilitating.
  • The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude) and involved multiple alleged victims.
  • The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude), and the alleged victim suffered serious injury as a result of the alleged offense.
  • Any other aggravating factor that is reasonably related to the purposes of sentencing.

Winston-Salem Courts

The district court hears misdemeanors and infractions. The district courthouse is in the Forsyth County Courthouse, located at:

200 N Main St.
Winston Salem, NC 27101
(336) 779-6300

Forsyth County is District 22, but other nearby courts include:

District 22b Davidson County District Court Thomasville
22 Randolph Street
Thomasville, NC 27360
(336) 474-3185

District 18 Guilford County District Court High Point
505 East Green Drive
High Point, NC 27262
(336) 801-5252

Call Us Today to Schedule a Free Consultation With a Winston-Salem Suspended License Attorney

Are you dealing with a suspended or revoked driver’s license in Winston-Salem or a nearby area in North Carolina? Make sure you contact Graystar Legal for help getting your driving privileges back as soon as possible.

Our firm can investigate to determine the cause of your suspension or revocation and can seek reinstatement of your privileges through various means. You can contact us online to arrange a free consultation that will let us take a better look at the details of your case and also address any other issues of concern to you.

FIRST OFFENDER PROGRAM

FIRST OFFENDER PROGRAM

If this is your first offense

you may be eligible for the First Offender program. This program may help you avoid a conviction and have your charges dismissed and possibly expunged from your record.

Meet Your Team

The prosecutor’s job is to convict you. Our job is to protect your rights

Frequently Asked Questions

What is the difference between a suspension and a revocation?

A suspension is just a temporary pause on your driving privileges, and you get your license back as soon as you pay all of the related fines and whatever required time passes. A revocation is an actual termination of driving privileges that places much stricter conditions on getting a license back. Revocations often occur after multiple offenses calling for suspensions.

Am I eligible for limited driving privileges?

North Carolina General Statute § 20-179 is the state law governing limited privileges, and it states that a limited driving privilege is a judgment authorizing a person with a revoked driver’s license to drive for essential purposes related to their employment, maintenance of their household, their education, their court-ordered treatment or assessment, community service that was a condition of their probation, emergency medical care, or religious worship. A person convicted of the offense of impaired driving is eligible for a limited driving privilege if, at the time of the offense, the individual held either a valid driver’s license or a license that had expired for less than one year; at the time of the offense, the individual had not within the preceding seven years been convicted of an offense involving impaired driving; Punishment Level Three, Four, or Five was imposed for the offense of impaired driving; subsequent to the offense the person has not been convicted of, or had an unresolved charge lodged against the person for, an offense involving impaired driving; and the individual has obtained and filed with the court a substance abuse assessment for the restoration of a driver’s license. An individual whose licensing privileges were forfeited because of a felony conviction is eligible for a limited driving privilege if the court finds that at the time of the forfeiture, the person held either a valid driver’s license or a driver’s license that had expired for less than one year and they are supporting existing dependents or must have a driver’s license to be gainfully employed, or they have an existing dependent who requires serious medical treatment, and they are the only person who can provide transportation to the dependent to the health care facility where the dependent can receive the needed medical treatment.

What should I do if I receive a letter from the North Carolina Division of Motor Vehicles (NCDMV) for “Failure to Appear” or “Failure to Pay?”

When you fail to appear in court or pay the court, the NCDMV will suspend your driving privileges indefinitely until you comply with the case. You have to contact the court in the county for which you were cited, or you failed to pay the fines. After complying with the fines, you will have to contact NCDMV to determine if you are eligible to reinstate your driver’s license.

We’re with you every step of the way.

investigation

1
1

Arrest

Defendant is charged.
Bond is set after the arrest and can be reviewed at any court hearing.
2
2

first appearance

If convicted, the defendant will be sentenced by a judge.
3
3

Probable cause hearing

Felony cases only.
Possible Grand Jury indictment.
4
4

Trial

Misdemeanor cases are generally tried in District Court. Felonycases are presented in Superior Court.
5
5

Sentencing

If convicted, the defendant will be sentenced by a judge.
outcome

Entry of plea

Plea negotiations and guilty pleas can happen any time before a verdict.

CONSEQUENCES of a criminal conviction

Top-Rated Criminal Defense

Serving the GreensboroWinston-SalemLexingtonHigh Point Piedmont Triad Area

Here are the areas we serve and the criminal courts where your charges will be heard. The best thing you can do now is speak with a lawyer and get a free consultation.

Graystar Legal

Graystar Legal

  • 224 S. Cherry Street, Suite C
    Winston Salem, NC 27101
  • 336-715-7250

GOING TO COURT?

Did you get arrested? Facing criminal charges? Wondering if you’ll go to jail? Afraid of what happens next? Don’t go alone.

Let a lawyer guide you.
Davidson County Courthouse - Thomasville Branch

Davidson County Courthouse - Thomasville Branch

  • 22 Randolph St,
    Thomasville
    NC 27360

Davie County
Courthouse

  • 140 S Main St,
    Mocksville,
    NC 27028

Davidson County
Courthouse

  • 110 W Center St,
    Lexington,
    NC 27292

Forsyth County
Courthouse

  • 200 N Main St,
    Winston-Salem
    NC 27101

Guilford County
Courthouse

  • 201 S Eugene St,
    Greensboro,
    NC 27401
Guilford County Courthouse - High Point

Guilford County Courthouse - High Point

  • 201 S Eugene St,
    Greensboro,
    NC 27401