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North Carolina Traffic Violations Recent Legal Answers from Lawyers

North Carolina Traffic Violations Recent Legal Answers from Lawyers

Can I get speed reduced to avoid points

Answered 5 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Traffic Violations
I cannot tell you whether you could get it reduced on your own.  It will depend on how good your legal skills are, among other things.  However, an actual attorney can probably get that reduced for you.  You should contact an experienced traffic attorney who is located near the county in which you got the ticket.  They can also handle the case without you having to take time off of work to come to court yourself.  Good luck. ... Read More
I cannot tell you whether you could get it reduced on your own.  It will depend on how good your legal skills are, among other things. ... Read More
Since your charge is in VA, you need to find a lawyer in VA to handle it for you.  I hope that helps.
Since your charge is in VA, you need to find a lawyer in VA to handle it for you.  I hope that helps.

how much will it cost to clear up 8 tickets?

Answered 3 years and a month ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Traffic Violations
It will depend on what the tickets are for, where they are located, and whether they have current courtdates, or failures to apprear.  It will also depend on whether the charges are for trial, or not.  You should contact an experienced traffic attorney in your area to speak confidentially about this matter.  Once they have the above information, they should be able to tell you how much it will cost to clear them all up.  ... Read More
It will depend on what the tickets are for, where they are located, and whether they have current courtdates, or failures to apprear.  It will... Read More

1989 Speeding ticket

Answered 3 years and 8 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Traffic Violations
This is not an uncommon situation.  The more sophisticated the states’ computer systems get, the more they talk to each other, and many more people are getting caught by charges they had in the past, when the states’ computers were not talking to each other like they are now.  In order to fix your problem quickly, you need to contact the NC DMV first to find out what charge is causing the revocation in NC.  Then you need to contact an attorney in or near that county to handle whatever charge the DMV says is causing your revocation, and clear up your record in NC.  After that is done, you must pay a restoration fee to the NC DMV, and they will issue you a clearance letter that you can use in your state to get your license. ... Read More
This is not an uncommon situation.  The more sophisticated the states’ computer systems get, the more they talk to each other, and many... Read More
If you are asking whether these DWLR charges will just go away since you left the state  and did not handle them, the answer to that is No.  They will be here waiting for you when you get back.  They would have been Dismissed with Leave (to Re-Open), and your license will remain revoked until you handle them all.  Regarding the probation violation, the current status of that depends on what the probation officer did with it after you left.  Nevertheless, if you did not successfully complete probation, there is likely another "Failure to Comply" on your driving record blocking your attempts to get re-licensed. ... Read More
If you are asking whether these DWLR charges will just go away since you left the state  and did not handle them, the answer to that is... Read More
You have 10 days from the date of conviction to file an appeal.  Once the case has been appealed to Superior court, you will have to deal with the DA who is handling it in Superior Court to see what deals they will offer you if you get your driver's license back.   I would suggest you retain an attorney while the case is still in District Court, as he or she may be able to secure additional continuances, and to resolve your case favorably without the added time and expense of dealing with the case in Superior court. ... Read More
You have 10 days from the date of conviction to file an appeal.  Once the case has been appealed to Superior court, you will have to deal with... Read More

can I really challenge the court on my constitutional rights..

Answered 3 years and 11 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Traffic Violations
Having a driver's license is a privilege, not a right.  You may have the freedom to travel on the highways, but not to drive on the highways if you do not posess a valid driver's license.  You can walk, run, or ride as a passenger in someone else's vehicle, but you are not allowed to drive with out a valid driver's license.   ... Read More
Having a driver's license is a privilege, not a right.  You may have the freedom to travel on the highways, but not to drive on the highways if... Read More

What am I to do if I can't pay my speeding ticket by date due?

Answered 5 years and 11 months ago by attorney Jason D. Witt   |   1 Answer   |  Legal Topics: Traffic Violations
You may ask for a continuance or ask for time to pay ($20 surcharge for time).  PJC fee is usually $188-$190.  Be aware you may have to attend driving school to get a PJC which costs extra.    
You may ask for a continuance or ask for time to pay ($20 surcharge for time).  PJC fee is usually $188-$190.  Be aware you may have to... Read More
The Supreme Court has found that individuals have a reduced expectation of privacy when they are in public.  Because of this rule, the police may randomly run searches on license plates in order to enforce the traffic laws of this state and to keep the public safe. 
The Supreme Court has found that individuals have a reduced expectation of privacy when they are in public.  Because of this rule, the police... Read More
The answer depends on whether or not you had a license at some point and it was revoked or you never obtained a license at all.  If you had a license and it was revoked in the past, a speeding conviction would result in your license being suspended for another year starting on the date of conviction.  The “date of conviction” means the day that you either plead guilty to speeding or pay the fine associated with the speeding ticket.  By paying the speeding ticket, you automatically admit guilt.  On the other hand, if you have never had a license, a conviction will accrue points against your driving record.  In the event that you apply for a license in the future, the DMV will have notice of prior speeding tickets and your driver’s license will already have accumulated points. ... Read More
The answer depends on whether or not you had a license at some point and it was revoked or you never obtained a license at all.  If you had a... Read More
Not all counties in North Carolina offer improper equipment reductions and often they are only offered as part of a deal when you have an attorney.  I would need to know more about which county your ticket was given, in order to give you more information.
Not all counties in North Carolina offer improper equipment reductions and often they are only offered as part of a deal when you have an... Read More
If you were convicted of going 65 in a 55 and the offense was reported to North Carolina, you would accrue 3 points against your license and 3 points against your North Carolina insurance.  If, however, it was reduced to 9 miles over or less you would still receive 3 license points but there would be no insurance penalty.... Read More
If you were convicted of going 65 in a 55 and the offense was reported to North Carolina, you would accrue 3 points against your license and 3 points... Read More
Generally, a prosecutor will reduce your speeding offense but the thresholds differ from county to county in North Carolina.  Your best bet is to contact an attorney in the county in which you were charged.  If you email me with the name of the county, I may be able to provide you with more information.... Read More
Generally, a prosecutor will reduce your speeding offense but the thresholds differ from county to county in North Carolina.  Your best bet is... Read More
It's important to know why you want to know because I cover 8 counties, but there are over 100 in North Carolina.  Covering anymore than this would be impractical.  I would call around and see which attorneys would be able to help you in the specific areas that you need assistance in.  ... Read More
It's important to know why you want to know because I cover 8 counties, but there are over 100 in North Carolina.  Covering anymore than this... Read More

is hit and run a criminal offense?

Answered 6 years and 2 months ago by attorney Mr. Ronald James Shook, II   |   1 Answer   |  Legal Topics: Traffic Violations
Yes, Hit and Run is a criminal offense pursuant to N.C. General Statute 20-166.  I would contact an attorney to see what your options are.  
Yes, Hit and Run is a criminal offense pursuant to N.C. General Statute 20-166.  I would contact an attorney to see what your options are.  

Missed court date thought was on the 14th instead of the 12th

Answered 6 years and 2 months ago by attorney Mr. Ronald James Shook, II   |   1 Answer   |  Legal Topics: Traffic Violations
Our courts take the failure to appear very seriously.  If it was an honest mistake, then you have 20 days to correct this failure to appear, (before November 1st).  Sometimes, depending on the charge, the judge can issue an order for your arrest if you failed to appear.   If this is the case, you may  want to contact an attorney because if you personally go to the courthouse to correct this, it could result in your arrest.  If you want to try and handle this yourself, you'll need to contact your county's district attorney's office in order to have your case rescheduled.  ... Read More
Our courts take the failure to appear very seriously.  If it was an honest mistake, then you have 20 days to correct this failure to appear,... Read More
Traffic school in and of itself will not necessarily help you to clear up a ticket.  The rules in each county vary as to whether or not you can attend driving school to clear up a ticket.  In Gaston County where I practice we refer people Kathy Allen at Carolina Driver Improvement.  Her phone number is 980-230-9967.      ... Read More
Traffic school in and of itself will not necessarily help you to clear up a ticket.  The rules in each county vary as to whether or not you can... Read More
Any crime in North Carolina is serious.  Hit and run with property damage is a class 1 misdemeanor.  Depending on your prior record level, you could face up to 150 days in jail.
Any crime in North Carolina is serious.  Hit and run with property damage is a class 1 misdemeanor.  Depending on your prior record level,... Read More
Hire a Criminal Defense attorney in the County where you got the ticket.  Simply paying the ticket off may put you on the hook to fix the car and pay for personal injuries of the drunk who hit you.   Charlotte Criminal Lawyer
Hire a Criminal Defense attorney in the County where you got the ticket.  Simply paying the ticket off may put you on the hook to fix the... Read More

ticket for not being a licensed driver in the state of N.C

Answered 6 years and 3 months ago by attorney Jason D. Witt   |   1 Answer   |  Legal Topics: Traffic Violations
       You need to hire a lawyer to Strike the Failure to Appear to avoid the $200 FTA fee and restoration fees. Call a criminal lawyer in the County you recieved the ticket.  If you have a valid Ohio license they can poabably get this ticket dismissed.   Charlotte Criminal Lawyer... Read More
       You need to hire a lawyer to Strike the Failure to Appear to avoid the $200 FTA fee and restoration fees. Call a... Read More
You should definitely hire an attorney. Usually, there is a fine for Failure to Appear in court of $200. Most times, an attorney can get that stricken for you, saving you $200 to use towards his fee. There is no reason for you to have to come back to NC. In most cases, an attorney can show up in court for you after you sign a "waiver of appearance" form. A sample is available on my website here: http://rjshooklaw.com/resources/documents/ Once the attorney strikes your failure to appear, the suspension should be lifted from your license within about a week.  You may also want to call the clerk of court in the county where you failed to appear to make sure that you don't have an order for your arrest in that county. Summing up, hire an attorney for this. It will save you time, money, and grief!... Read More
You should definitely hire an attorney. Usually, there is a fine for Failure to Appear in court of $200. Most times, an attorney can get that... Read More

In North Carolina, who gets the ticket for open container in the vehicle?

Answered 6 years and 9 months ago by attorney Ms. Laura Neal Gibson   |   1 Answer   |  Legal Topics: Traffic Violations
The following response is for general information purposes only and is not to be construed as legal advice. Below is the statute which pertains to this offense.  The short answer to your question is that the person who is in possession of the open container (i.e. back-seat passenger with beer in cup holder next to him) will be charged with the offense as well as the driver of the vehicle in which there is an open container IF the driver has consumed alcohol and the alcohol is still in the driver's body.  The passenger area of the vehicle is defined in the statute as "the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment."  I have provide a link to an article written by the North Carolina School of Government which sheds some light on this topic. § 20-138.7. Transporting an open container of alcoholic beverage. (a) Offense. - No person shall drive a motor vehicle on a highway or the right-of-way of a highway: (1) While there is an alcoholic beverage in the passenger area in other than the unopened manufacturer's original container; and (2) While the driver is consuming alcohol or while alcohol remains in the driver's body. (a1) Offense. - No person shall possess an alcoholic beverage other than in the unopened manufacturer's original container, or consume an alcoholic beverage, in the passenger area of a motor vehicle while the motor vehicle is on a highway or the right-of-way of a highway. For purposes of this subsection, only the person who possesses or consumes an alcoholic beverage in violation of this subsection shall be charged with this offense. (f) Definitions. - If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section. For purposes of this section, "passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. The area of the trunk or the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle shall not be considered part of the passenger area. The term "alcoholic beverage" is as defined in G.S. 18B-101(4). ... Read More
The following response is for general information purposes only and is not to be construed as legal advice. Below is the statute which pertains to... Read More
The following response is for general information purposes and is not to be construed as legal advice. I have provided a portion of the carrying concealed weapons statute for North Carolina below.  The short answer to your questions is yes, you can be charged with carrying a concealed weapon; however, I am not sure that if you were sleeping and depending on where exactly the gun was placed in the vehicle, that the "willfully and intentionally" element of the statute is satisfied.  An attorney that is familiar with the policies with regard to this charge in the county in which you are charged may be able to point out the weaknesses of the case against you in order to work out a plea arrangement or informal dismissal arrangement of some sort.  The exact facts and circumstances of the situation will be pertinent to that attorney in determining the best resolution of the matter.  Unfortunately, going back to you original question, an officer would likely have passed the threshold of probable cause to charge you and likely arrest you for the charge of carrying a concealed weapon.  It will all come down to whether it will stick. § 14¿269.  Carrying concealed weapons. (a)        It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. (a1)      It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances: (1)        The person is on the person's own premises. (2)        The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14¿415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14¿415.11(c). (3)        The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14¿415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14¿415.11(a). (PORTION OF STATUTE OMITTED - SEE FULL STATUTE HERE) (b1)      It is a defense to a prosecution under this section that: (1)        The weapon was not a firearm; (2)        The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon; (3)        The defendant possessed the weapon for that legitimate use; and (4)        The defendant did not use or attempt to use the weapon for an illegal purpose. The burden of proving this defense is on the defendant. (PORTION OF STATUTE OMITTED - SEE FULL STATUTE HERE) (c)        Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.... Read More
The following response is for general information purposes and is not to be construed as legal advice. I have provided a portion of the carrying... Read More
The following response is for general information purposes only and is not to be construed as legal advice. Unfortunately, the days where pranks such as these were overlooked as youths having fun are over.  I cannot provide you with any legal advice, but I'm telling you as an adult that I truly feel this is a bad idea.  This could open you up to an array of criminal charges.  Though there are some intent elements involved with these crimes that the District Attorney may not be able to prove (i.e. the intent to permanently deprive), you could still be potentially be charged with them and have to spend the money to hire an attorney, possibly pay money for court costs, and risk what I would imagine is a pristine criminal record.  Also, there may be charges that you could open yourself up to if something goes wrong (i.e. the tow truck driver puts a huge dent in the principal's luxury sedan).  I have provided a sample of them below including some misdemeanors and a felony.  In short, I think that you should really think hard about the risks you would be taking. § 14¿72.  Larceny of property; receiving stolen goods or possessing stolen goods. (a)        Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. § 20¿107.  Injuring or tampering with vehicle. (a)        Any person who either individually or in association with one or more other persons willfully injures or tampers with any vehicles or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a Class 2 misdemeanor. (b)        Any person who with intent to steal, commit any malicious mischief, injury or other crime, climbs into or upon a vehicle, whether it is in motion or at rest, or with like intent attempts to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of a vehicle while the same is at rest and unattended or with like intent sets in motion any vehicle while the same is at rest and unattended, is guilty of a Class 2 misdemeanor. § 14-160. Willful and wanton injury to personal property; punishments. (a) If any person shall wantonly and willfully injure the personal property of another he shall be guilty of a Class 2 misdemeanor. (b) Notwithstanding the provisions of subsection (a), if any person shall wantonly and willfully injure the personal property of another, causing damage in an amount in excess of two hundred dollars ($200.00), he shall be guilty of a Class 1 misdemeanor. (c) This section applies to injuries to personal property without regard to whether the property is destroyed or not. ... Read More
The following response is for general information purposes only and is not to be construed as legal advice. Unfortunately, the days where pranks... Read More
The following response is for general information purposes only and is not to be construed as legal advice.  This is actually a pretty simple matter to clear up.  It can be done with or without the assistance of an attorney, though it is typically a much smoother process if an attorney is present.  I do not practice in Orange County where the ticket likely is, but I can tell you how the matter could be handled in Wake County which I would imagine is a very similar procedure. First, the case is in what is called "VL" status, meaning that you had a court date, the case was called and failed, and now it is simply hanging out there suspending your license.  Once VL cases in Wake County have reached the age of yours, typically they may only be put back on the calendar for plea.  To have your case put back on a calendar, either yourself or an attorney would need to contact the clerk's office in that county to find out the procedure.  In Wake County there is simply a form that you fill out requesting to be put on a VL calendar.  You will be given a new court date.  If you are representing yourself, you must go to the court setting.  If you have hired an attorney, they may represent you by waiver (without your presence).  Second, the process is very similar from the time the case has been put back on the calendar.  You will ask the District Attorney to reduce the ticket or an attorney may do this for you.  You would then plead guilty.  The part where the attorney really is important is at the time of sentencing.  In addition to court costs (which are currently $188-190), you are also facing a $200 late fee.  An attorney may be able to argue on your behalf the reasons for why you should have the late fee waived.  You can certainly try to do this on your own, though it Wake County it is not successful very often without good cause.  Lastly, you must pay your court costs and ask to have a print out showing that you have paid the court costs and late fee if it was assessed.  This print out will be what you take with you to DMV to request a driver's license.... Read More
The following response is for general information purposes only and is not to be construed as legal advice.  This is actually a pretty simple... Read More