Can I appeal a breathalyzer refusal in NC? Need some help... anyone done this?

So, I represented myself at a breathalyzer refusal hearing on Sept 23, 2024. The hearing officer sent a letter saying I need to turn in my license by Nov 11, 2024. I feel like I should’ve won the hearing and shouldn’t have to turn in my license. This hearing was separate from my DUI trial, which is in court. If I want to appeal, I have to go to the Superior Court. The problem is no lawyer in Greensboro, NC has ever appealed to the Superior Court for this. I need details, like instructions, costs, and the right contacts. Anyone know how I can do this?

Wow, that sounds really tough. I didn’t know you could appeal breathalyzer refusals to Superior Court! Have you reached out to a lawyer who specializes in traffic cases?

Shane said:
Wow, that sounds really tough. I didn’t know you could appeal breathalyzer refusals to Superior Court! Have you reached out to a lawyer who specializes in traffic cases?

Yeah, it’s definitely an odd situation, but it sounds like the law allows it. A lawyer with experience in traffic law might be able to help with the paperwork.

Shane said:
Wow, that sounds really tough. I didn’t know you could appeal breathalyzer refusals to Superior Court! Have you reached out to a lawyer who specializes in traffic cases?

Right, I’d look into one of those. It might cost a little more, but at least you’ll get the appeal done right.

I think you can hire someone from FIVERR or Upwork to help with drafting your petition. It’s like hiring an independent contractor for a legal document. But I’d definitely go with a lawyer if you can afford it.

@Corey
I’ve heard of FIVERR but don’t really get how it works. Do I need to hire a paralegal or a lawyer for this?

@Corey
You’d want to hire a lawyer for drafting legal documents. Paralegals are great for assisting, but for something like this, a lawyer’s your best bet.

Have you filed the Notice of Appeal yet? I know you said you’re heading to the courthouse soon. Once you get that filed, I’d reach out to an attorney to help with the next steps. It’s important to make sure everything is done on time!

@Lian
Yeah, I actually just finished drafting and signing the Notice of Appeal. I’m planning to file it tomorrow. After that, I definitely need some help with the administrative appeal part.

@Lian
That’s awesome! Filing is the first big step. Good luck, and make sure you get a lawyer who specializes in this kind of appeal.

It’s good you didn’t sign anything at the hearing. The officer seemed like he wasn’t giving you a fair shot. If you haven’t already, make sure to keep track of all your paperwork so nothing gets missed during your appeal process.

@Rey
For sure, I’m keeping everything organized. I’ve been in the legal field before, so I know how important it is to have everything in order.

@Rey
That’s great to hear! Having experience with legal stuff will definitely give you an edge in handling all this.

If you’re looking for resources for your appeal, check out the links Elizabeth mentioned. They should help guide you through the process. Hopefully, this all works out for you!

True said:
If you’re looking for resources for your appeal, check out the links Elizabeth mentioned. They should help guide you through the process. Hopefully, this all works out for you!

Thanks, I’ll definitely check those out. Fingers crossed everything goes smoothly!

True said:
If you’re looking for resources for your appeal, check out the links Elizabeth mentioned. They should help guide you through the process. Hopefully, this all works out for you!

Good luck! Stay on top of everything, and hopefully you can get the outcome you’re looking for.