Revoked license, no license, out-of-state license.
Driving While License Revoked can be a Class 1 misdemeanor with jail on the table, or a non-moving Class 3. The difference is the details, and the details are my job.
Charged with Driving While License Revoked in Gaston County? Under N.C. Gen. Stat. §20-28, DWLR can be a Class 1 or a Class 3 misdemeanor depending on the underlying basis for the revocation, and the difference matters enormously: Class 1 can carry an additional revocation of your privilege and even jail time in some circumstances. Bring your ticket to a free consultation and we’ll pin down exactly which one you’re facing and what can be done about it.
Class 1 or Class 3. The basis decides.
If the underlying basis for the revocation is related to impaired driving, or driving after notification of your suspension, the offense is a Class 1 misdemeanor. It carries an additional revocation of your privilege (one year for a first offense, three years for a second, and permanent revocation for a third), and a Class 1 conviction may subject a defendant to an active jail sentence in some circumstances.
If the underlying basis is driving without claiming a license, or DWLR without a prior DWI or notification of suspension, the offense is a Class 3 misdemeanor and a non-moving violation. Sometimes the officer charges the lesser form even when the underlying basis is more serious, cutting you a break. One exception to the non-moving classification: DWLR is a moving violation if the driver holds a CDL or was driving a commercial vehicle at the time. CDL holders, read this →
- More revocation time A Class 1 DWLR conviction extends the suspension you already have, up to permanently on a third offense.
- Jail exposure Class 1 misdemeanors can mean an active sentence in some circumstances.
- The way back If your license has been revoked, a DMV restoration hearing may be the path to getting it back.
- Momentum Every new conviction while revoked digs the hole deeper. Stop the cycle before it compounds.
Caught driving without a license?
If you are caught driving on the streets, highways or public vehicular areas without having obtained a license, you are responsible for an infraction, and it is a moving violation. It may be possible to negotiate this charge to a non-moving violation, and it may be possible to negotiate a dismissal if you have since obtained a valid driver’s license.
Your NC ticket follows you home.
North Carolina is a member of both the Driver License Compact and the Non-resident Violator Compact, and reports all motor vehicle convictions and revocations accordingly. If you hold an out-of-state license and are convicted of a motor vehicle offense in North Carolina, the conviction is reported to your home state, and your home state’s laws then determine the impact on your license and insurance. When two states are members of the Non-resident Violator Compact and one revokes your privilege to drive, the other is obligated to revoke it as well until reinstatement.
I will advise each client on their best course of action regarding their North Carolina ticket. Drivers licensed in another state should also consult an attorney at home about how an NC negotiated plea or conviction will be treated there. The good news: in most cases I can resolve your Gaston County ticket with a Waiver of Personal Appearance. No 900-mile drive back for court.
“I live over 900 miles from North Carolina now… Not only did he go to court for me, but he was able to get all my charges dropped!”Rog, Google review
License issue FAQs.
Is DWLR a felony in North Carolina?
No. DWLR is a misdemeanor: Class 1 when the revocation stems from impaired driving or driving after notice of suspension, Class 3 otherwise. But a Class 1 conviction can still carry an extended revocation and, in some circumstances, jail time, so it deserves a serious defense.
How do I get my license back?
It depends on why it was revoked. For many revocations, a DMV restoration hearing in your county of residence is the path. If you live in Gaston County, my office can assist with the hearing and preparation for it.
I’m from out of state. Can I just ignore an NC ticket?
Don’t. North Carolina reports convictions and revocations to your home state under the interstate compacts, and an ignored ticket can become a failure to appear, a revoked NC privilege, and then a revoked home-state license. In most cases I can handle the Gaston County side without you returning to North Carolina.
The address on my license is old. Is that really a violation?
A person whose address changes from the address on their license must notify the DMV within 60 days (and obtain a duplicate license if they moved). It is a non-moving violation with no points in North Carolina: minor, but easy to fix and worth fixing.
Bring your ticket. We’ll find the way forward.
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