Cumberland County Court Process

North Carolina law dictates you face two critical deadlines immediately after a DWI arrest in Cumberland County.

10-Day vs. 30-Day Deadlines: Act Fast

You're dealing with two separate timelines: a 10-day deadline related to your driving privileges and a 30-day period tied to civil revocation. If you refused the breath or blood test, you only have 10 days from the date of the magistrate's order to appeal the 1-year administrative revocation. This appeal must be mailed to the NCDMV in Raleigh. Furthermore, your license is immediately seized for 30 days (Civil Revocation). You cannot drive for the first 10 days.

Requesting Your DMV Hearing: The Raleigh Rule

Don't fall into the "Drop Box" Trap. You cannot simply drop off your hearing request at the Fayetteville South Driver License Office on Gillespie Street. While local examiners work there, they don't accept legal filings for hearing requests. The only valid method is to mail your request and the required fee to the centralized NCDMV Administrative Support Unit in Raleigh. The mailing address is NCDMV Administrative Support Unit, 3118 Mail Service Center, Raleigh, NC 27699-3118. The fee is $450.00 for a Refusal Hearing or $100.00 for a General Restoration, payable by check or money order.

Where Your NCDMV Hearing Actually Takes Place

Don't assume your administrative hearing will be held at the Cumberland County Courthouse (117 Dick St). Administrative hearings are typically held at the Fayetteville South Driver License Office, located at 2439 Gillespie St, in a back office, or conducted virtually via Microsoft Teams or by telephone. The "Notice of Hearing" letter will specify whether you must appear in person at the Gillespie Street office or dial in.

Obtaining the Police Report and Body Cam Footage

The State does not provide you with the police report for your NCDMV hearing. The Hearing Officer relies on the "Refusal Affidavit" (DHHS-4081) submitted by the charging officer. It's your responsibility to get the police report and body cam footage before the hearing.

If the Fayetteville Police Department (FPD) made the arrest, crash/incident reports are available online via Police-2-Citizen (P2C) or in person. The reports are generally free for involved parties if picked up in person or accessed online. However, if you need body-worn camera (BWC) footage from the FPD, you must file a Petition for Release of Custodial Law Enforcement Agency Recording in Cumberland County Superior Court. This process involves civil filing fees, around $200.

If the Cumberland County Sheriff's Office (CCSO) made the arrest, the Records Division is located at 131 Dick Street, Fayetteville, NC. Incident/Accident Reports cost $2.00 per copy, and media (photos/audio/video on DVD) costs $6.00 per disc. Note that BWC footage from CCSO still requires a court order. CCSO accepts cash, money order, or check only. No Credit/Debit cards.

Getting a Pre-Trial Limited Driving Privilege (LDP)

After a DWI arrest in Cumberland County, there's a mandatory 10-day waiting period where no driving is allowed. From Day 11 to Day 30, you may be eligible for a Pre-Trial Limited Driving Privilege (LDP). After 30 days, you must pay a $100 Civil Revocation Fee to the Clerk of Court to end the civil revocation.

To apply for the LDP on Day 11, you will need several documents:

• DL-123 Form: Proof of insurance (valid for 30 days).
• Substance Abuse Assessment: Proof that you have completed the initial assessment ($100 fee).
• Certified Driving Record: From NCDMV ($14 online).
• Petition & Order (AOC-CV-350): Signed by a District Court Judge.

The filing fee is $100.00, paid to the Clerk of Court.

Logbook Requirements

If you are granted driving privileges outside standard hours (6 AM - 8 PM, Mon-Fri), the court order will list specific routes and times. While a trucker-style logbook isn't always mandatory, you must carry a letter from your employer verifying your hours and stick strictly to the designated route listed on the privilege document.

The Fayetteville South Driver License Office, where administrative hearings are often held, is located at 2439 Gillespie Street and is open Monday – Friday: 7:00 AM – 5:00 PM. The phone number is (910) 486-1353.