For most parents, the sudden realization that their sixteen-year-old child has come of age and is now permitted by the State of North Carolina to operate a motor vehicle is scary. Once that initial fear fades, many parents find new freedom in not being needed to chauffer their children back and forth to school, sporting events, or after-school and weekend jobs. Many parents are not familiar with how the laws have changed in North Carolina for drivers who are less than 18 years old and the significant impact a traffic citation can have on a provisional license.
Once a driver has a valid limited learner’s permit for 12 months, she becomes eligible for a limited provisional license. After 6 months with the limited provisional license, she is eligible to receive a full provisional license. What most parents are not aware of is how a minor traffic violation, i.e. speeding, can cause a driver with a provisional license to have her driving privilege revoked for a period of time.
If a provisionally licensed driver is cited with a moving violation, there is a strong possibility that she will receive a revocation notice from the Clerk of Superior Court revoking her driver’s license for a period of 30 days. For many parents, this becomes an unexpected hardship in trying to make last minute transportation arrangements.
But there are options other than just accepting the revocation. The provisional license holder has the right to request a hearing and challenge the 30-day revocation. If properly requested, the hearing must be held within 3 days before a local magistrate. These hearings are often times successful in immediately reinstating the drivers provisional license. But there are time restraints limiting when a challenge hearing may be requested and certain forms that must be submitted to get the license reinstated.
Know your options! If you or a family member are cited for a moving violation and the driver only has a provisional license, there is a strong possibility a revocation order revoking that license for 30 days is looming. If you are in the Duplin County and Sampson County areas and find yourself in this situation, please contact Ludlum Law Firm to discuss your options. You don’t have to go at this alone. Ludlum Law Firm has over 45 years of legal experience handling a variety of legal issues including traffic tickets, DWI, and criminal defense. We are familiar with the local courts and our attorneys and professional staff are here to help.