The NC DMV acts as Judge, Jury and Prosecutor in their hearings. The only remedy of a negative NC DMV hearing decision is an appeal to the Superior Court division of the North Carolina Court System.
The hearings may be held for many reasons, including revocations resulting from interlock violations, traffic convictions, and DWI revocations.
These appeals are complex and time sensitive. Only 30 days exists between the negative ruling and when the appeal must be entered. A restraining order against the DMV must be filed and granted to prevent the revocation of an individuals license, while the case to overturn the DMV’s ruling is heard in our highest trial court, against the Attorney General’s Office.
This is the introductory post of a series exploring this process. Stayed tuned to our website for more in depth reviews.