Last year, President Obama held a texting-while-driving summit to highlight the problem of our roads made more dangerous by the use of cell phones.  Make no mistake about it: texting a friend while driving a car is without a doubt an extremely dangerous activity. A car is a dangerous object, and one that’s being driven without full attention to the highway can become a deadly weapon.

The fact of the matter, however, is that any texting-while-driving law will be difficult to enforce. Unless the police officer can testify that he did see the defendant text while driving, there may be no way to get a convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

The fact that a lot of teenagers from Cary, Apex, Holly Springs, Fuquay-Varina, and so forth will get accused of texting-while-driving is going to put a lot of parents in bad moods.

For a different opinion on why texting-while-driving laws may be ill advised, here’s Radley Balko writing in the  U.S. News and World Report.

Even as late as the Fall of 2010, there have been comparatively few texting-while-driving charges.  But that’s because police have apparently not focused their attention on identifying and arresting such people.

But surely in the next couple of years there will be a slew of such cases as people who have been involved in wrecks admit to police that they were texting-while-driving.

Even if you never intend to return to North Carolina, you will probably need to have your suspension lifted in North Carolina so that your current home state will issue you a license. And since many employers will ask to see a driver’s license before hiring you, even if the job doesn’t involve much or any driving, getting a suspension lifted in North Carolina is crucial.

I put together a little YouTube video – it’s about 10 minutes long – that gives you an overview of the license restoration process. The cost of traveling across country and then paying an attorney to help you restore your license may be too much, so I give some advice on how to lower the cost of an attorney.

You don’t need an attorney to appear before the DMV Hearing Officer, and having an attorney will not guarantee that your suspension will be lifted, but before “going it alone” you should be sure that you are able to assemble as much evidence as possible, and are competent to put on the evidence at the hearing. Otherwise, it may be a waste of money flying to North Carolina if you end up not preparing adequately for the hearing.

I’ve received some inquiries from individuals who have had their licenses suspended in North Carolina, and have since moved out of state and have tried to get driving privileges in other states.

But, because of their North Carolina convictions and suspension, other states have refused to issue driver licenses. In the 1960s, beginning with Nevada, various states in the United States began to cooperate with regard to driving records.

Before the 1960s, each state operated as an island, and so each state could either honor or refuse to honor another state’s determinations about an individual’s driver license. But the Interstate Driver License Compact brought “harmony” to the system, so that states agreed to honor each others’ determinations about driving records.

In addition, the National Driver Register was created as a computerized database so that states could share information about individuals who had been convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of serious driving offenses – such as DUI – or had had their licenses revoked or suspended.

Individuals can take actions to restore their licenses. First, they should complete any recommended or mandated sobriety or alcohol treatment programs. It is important that they retain any documentation proving that they were enrolled in, and successfully completed those programs.

It’s better to be overprepared rather than underprepared for such hearings, because of the expense and because there chances for success aren’t guaranteed.

A person seeking restoration of driving privileges in North Carolina, so that they can get a driver’s license in another state should provide a complete residential history (with address and at least one witness) dating from the time of the first DUI convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt.. In addition, they should be prepared to provide a complete criminal history, if any, and a complete work and education history.

The work history (name of employer, address, dates of employment) should include the name of a supervisor who can be contacted, as well as any co-workers who might serve as good witnesses. The education history should also be complete, with dates of enrollment, degrees or certificates earned, and any academic awards or achievements. In addition, if the person has worked for charities, regularly helps out at his or her church, or has other evidence of good citizenship or character, this can be useful to show someone who has been sober and is contributing to society.

North Carolina will also require that they provide at least three witnesses who can credibly testify at a restoration hearing about the person’s sobriety and ability to drive safely.

Finally, a word of caution. Many young people have Facebook or MySpace pages, where friends my refer to partying or drinking on the person’s “Wall.”

These pages could potentially be accessed by a hearing officer who might think that pictures of partying, drinking, or comments about the same indicate that the person still has a problem with drugs or alcohol. It’s best to think carefully about what goes on such pages, and to restrict friends from commenting if such comments give the wrong impression.

The Chetson Firm can work with clients who live out of state to put together the best package of materials that will increase the chance for success, and minimize that need to return multiple times to North Carolina for hearings.

Problem was, dad was also drunk, and when he arrived at the jail to spring his son, police noticed and told him not to drive. But dad, allegedly, ignored those instructions and decided to drive himself and his son home. Police then arrested him for drunk driving.