Have you ever paid off a speeding ticket and then were surprised when your insurance premium went up? Has your license become suspended because of too many drivers license points? Unfortunately, many individuals don’t understand the broad impact that paying off a speeding ticket or other moving violation might have on their driving privileges. Luckily, there is a way that an individual can go back and correct that conviction they didn’t fully understand at the time. It’s called a Motion for Appropriate Relief (“MAR”). A MAR is a motion that is filed to have a court reconsider or vacate a prior conviction. In simple terms, it is a tool that can be used to undo a prior conviction that you didn’t know would lead to a suspended license or increased insurance premiums.
It’s important to note that in order to file a MAR, there has to be legal grounds to do so. Some of these reasons include: new evidence, judicial error, improper procedure, ineffective assistance of counsel, or that the conviction was unconstitutional. There are also procedural requirements that must be met in order to have the MAR considered. The court is not required to grant a MAR, so it’s best to have an experienced attorney on your side.
If a MAR is granted, it allows the original conviction that caused the license suspension to be vacated and a different conviction, such as a reduced charged, gets entered in its place so that an individual’s license is no longer suspended. In this scenario, the individuals license not only gets restored because the points associated with the original conviction are no longer on the individuals driving record, but the individual’s insurance premium might also be reduced because a charge that does not result in an insurance premium increase is now entered in its place.
If you are facing a license suspension or want to limit the points on your driving record or insurance record, the attorneys at Ley Law can help. We can help review your driving record with you and determine if a MAR is appropriate in order to potentially avoid some of those unwanted consequences.
Nicholas Towell Author
Nicholas Sterling Towell is an Associate Attorney at Ley Law, dedicated to Family Law and Criminal Defense. He holds a Bachelor’s degree in Criminology from the University of South Florida and earned his Juris Doctor from Florida State University College of Law. Nicholas was admitted to the North Carolina Bar in May 2024 and is an active member of both the North Carolina Bar Association and the Pitt County Bar Association.
