Prayer for Judgment

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     This blog is for the purpose of offering general legal advice to the public, answering questions received, and providing useful information for people dealing with the aftermath of a car crash or other injury.  THIS IS NOT SPECIFIC LEGAL ADVICE, AND SHOULD NOT BE RELIED ON FOR ANY INDIVIDUAL LEGAL SITUATION.  THIS INFORMATION RELATES EXCLUSIVELY TO NORTH CAROLINA, the only state in which I am licensed to practice law.  As with most things in law, every situation and case is unique, and if you have ANY doubt, please consult myself or another attorney.  If you have a legal question you would like to have answered, please email it to Help@Kisala-law.com, but do NOT include specifics of your case (ie- names of people or parties).  Finally, no question submitted creates an attorney-client relationship, unless there is a signed agreement otherwise.  For more information about traffic matters and a full listing of services provided by our office, please visit us at http:/http://www.kisala-law.com/traffic.html

Burnsville, NC

Can the ncdmv still revoke a drivers license after being given a prayer for judgement?

My son is 19. Last spring at the age of 18 he was given a driving after consumption ticket. He blew a .04 when we went to court he was granted a prayer for judgment and sentenced to do 24hrs community service and a alcohol assessment class plus fines and court costs. A week later we received a letter in the mail revoking his license for a year. Is there anything we can do?

Hello Sir,

     Yes, it is possible to have the NCDMV revoke a driver’s license after being granted a PJC.  In North Carolina, we have a device in law called the Prayer for Judgment Continued, or PJC.  In essence, it is somewhat like a “this doesn’t count”, and is used in criminal and traffic law.  In theory, it is as though the judge lifts their gavel to sentence an individual, but it becomes frozen in time and the gavel never completes its journey, thus there is no sentence.

     As far as PJC’s are concerned in North Carolina, there are two considerations: 1) the PJC’s effect in Court, and 2) the PJC’s effect at the DMV.  The latter is where a lot of individuals without attorneys get themselves into trouble.  There are certain offenses in law that will create a suspension at the DMV upon a conviction.  Separately, an individual is allowed to use 2 PJC’s in any five year period.  If they use more than that, the DMV will simply not recognize the latter one(s).  Thus, if a person has pled guilty and received a PJC after using more than this, then the NCDMV will just count it as a guilty conviction; if it is an offense where a suspension will occur upon a guilty conviction, then a person’s license will be suspended.   Additionally, in North Carolina, a person’s driver’s license will be suspended upon a conviction of driving while impaired, or upon driving after consuming alcohol while under 21 years of age. Based on the facts stated, it is impossible to know why your son’s license is suspended.

     In my office, we deal with these issues on a daily basis.  I have witnessed numerous individuals plead themselves right into a suspension when acting on their own instead of hiring an attorney.  At that point, it becomes four times more expensive for an attorney to fix, if it is even possible.  If you have any question, please feel free to call my office at 919-321-6569 or send me an email at Help@Kisala-Law.com, or consult with another North Carolina licensed attorney.