Traffic Law

Unlike most states, North Carolina has a dual point system for traffic points. If you are found guilty of a traffic violation, you can acquire DMV points and insurance points. Most drivers realize insurance points are assessed by insurance companies who will add a surcharge to your insurance premium under the Safe Driver Incentive Plan Act of North Carolina. DMV and insurance points count against you for a three-year period. Each driver, in every household, gets a waiver for his/her first speeding ticket less than 10 MPH over the speed limit. If your insurance company raised your rate for a speeding ticket less than 10 MPH, and it is your first one, please contact my offices and we will write a letter on your behalf. You should always consult with an attorney regarding a ticket. Handled improperly, you will see that there can be serious financial consequences.

If you or a lawyer do not appear at the courthouse on your respective court date, the county clerk will report your name to the DMV. This will result in the DMV sending you a letter, which states that your license will be revoked on a specific day. The DMV sends thousands of these letters out each day! If you do miss your court date and get a letter like this, do not panic. A lawyer can likely “strike” your failure to appear and thus you will not need to pay the administrative penalty of $200 on top of the court costs and fines.

1. Two or more speeding convictions in excess of 55mph but not more than 80 mph within 12 months;
2. Two or more convictions, one of reckless driving and one of speeding in excess of 55 mph, but not more than 80 mph, within 12 months;
3. Two or more convictions, one of aggressive driving and one of speeding in excess of 55 MPH, but not more than 80 MPH, within 12 months;
4. Conviction of speeding in excess of 75 MPH in a speed zone of less than 70 MPH;
5. Conviction of speeding in excess of 80 MPH in a speed zone of 80 MPH;
6. Conviction of speeding more than 15 MPH above the speed limit, in excess of 55 MPH; and or
7. Conviction of speeding in excess of 80 MPH.

Our office can prepare to approach a district court judge to have your license restored under a limited basis. What kind of flexibility you will be given will be based on a case by case analysis. The judge will need (N.C.G.S. § 20-16.1(g):

1. A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
2. A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.

Conviction for speeding in a school zone is a $250 fine + costs and three insurance points.  It will be in your best interest to try to get this amended through the State on your court date.  Any violation of speeding in a school zone is an increase in insurance rates, as this violation does not qualify for the Safe Driver Incentive Plan.

NCGS§ 20-28.  Unlawful to drive while license revoked, after notification, or while disqualified. (a) “Driving While License Revoked. – Except as provided in subsections (a1) or (a2) of this section, any person whose driver’s license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 3 misdemeanor.” Under NCGS§ 20-28 the state has the burden to prove “beyond a reasonable doubt” that the accused has a driver’s license which has been revoked, they are operating a motor vehicle, on a highway, and that the accused party had knowledge about their license being revoked.

NCGS§ 20-28. (a1) ”Driving While License Revoked for Impaired Driving. – Any person whose driver’s license has been revoked for an impaired driving revocation as defined in G.S. 20-28.2(a) and who drives any motor vehicle upon the highways of the State.” Repercussions: The person’s license will be revoked for an additional period. The first offense is one additional year, the second offense is two additional years, and the third offense results in a permanent revocation. With a previous revocation for impaired driving, the individual may be subjected to abstinence from alcohol consumption and continuous alcohol monitoring, as a condition of probation.

NCGS§ 20-140. Reckless driving. “(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving. (b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.” Repercussions: Includes up to 60 days in jail; up to $1,000 in fines; and the possibility of 4 points on your license.