Volunteer for the Paralegal Division Virtual Driver’s License Event on June 8, 2021

By Rachel Royal

As of April 2019, there were over 1,225,000 active license suspensions in the state of North Carolina related to unpaid traffic fines and failure to appear in court.[1] Even more disheartening is that poverty and systemic racism, rather than a willful refusal to appear in court or to pay fines, are the driving factors of a majority of these suspensions.

The statewide suspension rate of Black or African American drivers is four times higher than that of white, non-Hispanic drivers. This racial disparity is higher in some counties, both urban and rural. For example, in Wake County, the suspension rate for Black or African American drivers is seven times higher than that of white, non-Hispanic drivers. In Rowan and Cabarrus counties, it’s more than five times higher. In Watauga County, it’s almost seven times higher. These findings are based on all available data.[2]

North Carolina law leaves no discretion to the Division of Motor Vehicles as to the status of a person’s license when charged with a motor vehicle offense for which they failed to appear or failed to pay the fine. The law states that the Division “must revoke the driver’s license of a person” when the Court notifies the Division of a failure to appear or failure to pay.[3]

In September 2017, the North Carolina Pro Bono Resource Center, in partnership with the North Carolina Justice Center, launched the pilot phase of the Driver’s License Restoration Pro Bono Project.[4] The project began as a series of in-person clinics in Durham and New Hanover counties. Volunteers would come in person to conduct client intakes, review DMV records of those who had requested help, draft advice letters, prepare motions to remit fees and fines, and represent clients by petitioning for relief. The Durham County District Attorney’s Office took a step further by presenting mass motions to the court requesting that fines and fees be remitted for those with long-term suspensions for low-level traffic tickets and court fees. Since that time, Mecklenburg, Pitt, Caswell, Rockingham, New Hanover, Pender, and Gaston counties’ District Attorney’s offices have followed suit.[5]

In one article in 2019, PBRC staff attorney, Leigh Wicclair was quoted: “The loss of a driver’s license for someone who is already economically vulnerable is profoundly devastating for the entire family. Losing one’s license often leads to losing one’s job, high transportation costs and commute times, less access to medical care, and even criminal justice involvement for continuing to drive with a suspended license. North Carolina has the potential to serve as a model to other states for how to combat this problem, but we cannot do it without the work of pro bono volunteers.” [6]

The COVID-19 pandemic in 2020 halted in-person volunteering for most pro bono projects, and the Driver’s License Restoration Project was no exception. While continuing to work with District Attorneys’ offices for mass motions to remit fines and fees, the PBRC brought the Driver’s License Restoration Project into the virtual world. In October 2020, the first virtual clinic was held via Zoom, during which a law firm and financial institution legal department partnered to review DMV records and draft advice letters that would be sent to individuals by the PBRC staff. This project has been wildly successful since that time with one or two clinics being held per month and hundreds of advice letters being drafted by volunteers.

The PBRC has brought on a part-time staff attorney to review and finalize the advice letters drafted by volunteers so they can be sent to the clients by mail or email. This communication provides clients with a free copy of their DMV record along with valuable insight as to the reason for their driver’s license suspension, information on steps they need to take to restore their license, and a list of resources for direct representation in the event they need it.

On June 8, 2021, the Paralegal Division will participate in one of these virtual Driver’s License Restoration clinics from 12:30 p.m. to 3:30 p.m. Volunteers must be equipped with a laptop, internet connection, access to Zoom, and preferably the ability to access Dropbox and/or Google Drive links. The clinic will begin with a 1-hour training conducted by PBRC staff attorney, Leigh Wicclair, and will be followed by a 2-hour work session during which Paralegal Division members will review client records and draft advice letters for review by a PBRC staff attorney before they are sent to the clients. Volunteers will have access to PBRC staff for any questions for the duration of the event. This is a great opportunity for paralegals to perform meaningful pro bono work under the supervision of a licensed attorney, as well as to network with other paralegals.

The virtual clinic can accommodate up to 40 volunteers, and registration ends on June 1. If you are a Paralegal Division member and would like to participate in this event, you can register here. For any questions, please contact PBRC paralegal, Rachel Royal, at [email protected].

Rachel Royal is a North Carolina State Bar Certified Freelance Paralegal and owner of Royal Touch Legal & Business Solutions, LLC. She has been a part-time contract paralegal with the Pro Bono Resource Center since January 2021. She holds an AAS in Paralegal Technology from Carteret Community College, where she graduated in 2017 as the Paralegal Technology Student of the Year. Rachel has experience in family law, insurance defense litigation, and municipal law. Throughout her legal career, she has volunteered for statewide pro bono projects, has been a group leader for a Legal Aid project, and has been a council member and pro bono co-chair for the Paralegal Division since 2018, as well as a liaison to the Constitutional Rights & Responsibilities section since 2020. She lives in Wilmington, NC with her husband, two boys, and toy Australian shepherd.

The Paralegal Division Blog is managed by the Division’s Communications Committee. Via the blog, the Communications Committee provides information written by attorneys, paralegals, and other experts designed specifically for paralegals in the areas of substantive law, ethics, technology, paralegal practice advice, and more. If you are interested in signing up to submit a blog post on a future date, you can do so here. When you are ready to submit a blog post, you can do so by using this form.

You may also wish to participate in the Division by using our virtual suggestion box to submit suggestions/ideas to the Division Council, nominating a paralegal for Paralegal Spotlight, or completing the Paralegal Spotlight Questionnaire if you are nominating yourself.

If you are interested in volunteering with the Communications Committee, please contact the Communications Committee Chair at [email protected]. If you are interested in joining other Division committees, you can review a list of committees and sign up here.