This letter from the DMV could mean you were sentenced to pay court cost, fees, fines, or penalties as part of the judgment for your traffic ticket, and you failed to pay those costs (failure to comply). By law, you had 40 days to pay the monies owed. After 40 days, the court informed the NC DMV that the monies owed remain unpaid.
There are two ways to resolve a suspension based on an unpaid traffic ticket(s). You can (1) pay the cost, fees, penalty, or fine that was ordered by the court or (2) demonstrate to the court that the failure to pay was not willful, that you are making a good faith effort to pay, and the debt should be eliminated. You have approximately 60 days to handle your unpaid traffic ticket or your license will be suspended. Click here for more information.
You can overcome suspensions for unpaid traffic ticket by either paying the ticket or going back to the court and request to otherwise resolve the debt. Click here for more information.
An indefinite suspension is one that stays in place until the amount owed is paid or otherwise resolved.
A possible outcome for criminal legal debt is to convert it to civil judgment. Once an unpaid traffic ticket is changed to a civil judgment, it will be enforced that same way as an unpaid judgment from civil court. This means it may become a lien on your real property (such as your house or land); may accrue 8% annual interest on unpaid fines, and likely cannot be easily reduced or eliminated. Additionally, it is unclear whether changing the unpaid ticket to a civil judgment will automatically prevent your driver’s license from being suspended.
While these words are frequently used interchangeably, there is a difference. Monetary obligations are waived at sentencing before the court imposes criminal court fines and fees on the person. On the other hand, remittance occurs after the debt has been imposed on the motorist and is remitted to prevent or end a consequence that stemmed from the non-payment, such as driver’s license suspension.
Yes, you should obtain an official copy of your driving record, especially if your license is already suspended for an unpaid traffic ticket. You can get a copy of your official state driving record from the NC Division of Motor Vehicles (NC DMV). The driving record will show your driving history as it appears at the NC DMV. You can request a driving record online, by mail or in person at the NC DMV. You will have to pay a fee. It can take up approximately 10 business days to receive a driving record that has been requested by mail. If you request your driving record in person at a DMV, it may be issued immediately. For more information about ordering your driving record, visit the NC DMV website.
A Court should determine a person’s ability to pay their traffic ticket before imposing the court debt or when responding to the non-payment. While there is not an exact test for determining a person’s ability to pay there are a number of factors for the Court to consider, such as the person’s income as compared to the federal poverty guidelines, the person’s eligibility for appointed counsel, the person’s resources, including real and personal property, person’s ability to work, the people’s dependents, person’s qualifications for public assistance such as TANF, SNAP, or SSI, whether the person is or has been incarcerated, whether the person is homeless, and whether the person is a full time student. For more information about ability to pay, review this publication from the School of Government.
No, it is likely a person does not need an appointment to obtain a driving record in person. According to NC DMV, you can obtain a driving record in person at State Operated Raleigh Central Services Office License Plate Agency, 4121 New Bern Avenue, Raleigh, NC 27616. While there you will fill out a form and pay the required fee. For more information or to confirm the process for getting your driving record, contact the NC DMV at 919-715-7000.
There is no significant difference between suspended and revoked driver’s licenses. The terms are generally used interchangeably. If you see these terms, they generally mean that your driver’s license is currently not active and you cannot legally drive.
If you have unpaid traffic tickets in multiple counties, you have to file a form in each county where you have an unpaid ticket. If you have more than one ticket in a county, it is likely you have to file a form for each case number (reminder: the case number includes CR, CRS, or IF, for example 00CR 000123).
The motion to waive or eliminate court cost, NC AOC-CR-415, requires notice of the petition to be provided to the District Attorney’s Office. To prove the District Attorney’s office has been put on notice and given a copy of the form, the last page of the motion includes a “certificate of service.” The “certificate of service” section is where a person from the District Attorney’s Office signs to indicate that the District Attorney’s office was properly provided a copy of the motion. A person seeking to obtain a signature from the district attorney’s office could speak to the Clerk of Court to determine the procedure for serving the district attorney’s office. Procedures vary by county – some counties, for example may allow the motion to be submitted to the Clerk of Court’s office and the Clerk of Court’s office notifies the District Attorney’s Office. Other counties may require the person seeking the signature from the District Attorney’s office to obtain the signature on their own. If the person is required to obtain the signature on their own, he or she must (1) provide a copy of the motion and any accompanying material to the District Attorney’s Office, (2) have a person from the District Attorney’s office complete the “certificate of service” section on the original form, and (3) submit the completed original to the Clerk of Court’s office.
Tip: It is a good idea to bring three copies of the motion with you. The “original” must be left with the clerk’s office; one completed, filed-stamped copy of the form must be left with the district attorney’s office, and one copy of the completed, file-stamped form to keep in your records.
The Certificate of Service session is found on page 3 of the form (displayed below).
The court may require a hearing to consider whether to provide you relief from the criminal court debt. This varies by county. Contact the clerk of court in all the counties where you have an unpaid traffic ticket to determine whether a hearing is required.
Congratulations! Now that you have resolved all the unpaid traffic tickets, call the NC DMV Commissioner’s Line, (919) 615-7000 to check the status of your driving privilege and find out what you need to do to reinstate your license. You will have to provide identifying information, such as your driver’s license number and date of birth, to obtain your status over the phone. If your status is “active,” it is likely that you have the legal right to drive. If your status is “eligible to reinstate” you have resolved all the suspensions, but must take additional steps to reinstate your license, such as paying the reinstatement fees or retaking the tests. These steps typically must be taken in person at a NC DMV driver’s license branch. If your status is not “active” or “eligible to reinstate” there are more suspensions or other issues that need to be happened before you can reinstate your privilege.