traffic violations | Winston-Salem Criminal Defense Attorney https://www.jdbyers.com Wed, 17 Feb 2021 14:42:49 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.1 /wp-content/uploads/sites/1100415/2020/06/cropped-Favicon-32x32.png traffic violations | Winston-Salem Criminal Defense Attorney https://www.jdbyers.com 32 32 What do you know about mitigation and traffic violations? https://www.jdbyers.com/blog/2021/02/what-do-you-know-about-mitigation-and-traffic-violations/ https://www.jdbyers.com/blog/2021/02/what-do-you-know-about-mitigation-and-traffic-violations/#respond Wed, 17 Feb 2021 14:42:40 +0000 https://2977089.findlaw1.flsitebuilder.com/?p=4173 Maybe you were a bit too caught up in the flow of traffic when you received your speeding ticket at the hands of North Carolina law enforcement. Do you have no choice but to pay it and accept the consequences?

NerdWallet explores mitigation and other alternate outcomes when you receive a speeding ticket. You do not have to feel trapped in an unfortunate situation.

Defining mitigation

With mitigation, you make a deal with the court and prosecutor to reduce your ticket amount. You may request the option either during or before your scheduled hearing, but check with the court to determine the most opportune time. Depending on the court, you may have to write your mitigation request.

Mitigation offers several outcomes:

  • Have more time to pay the required fine
  • Pay all or a portion of the ticket, but the violation does not affect your driving record
  • Receive a lesser fine
  • Enroll in a driving class rather than pay the ticket

No matter the result, you must offer proof that you deserve a reduced penalty.

Exploring other outcomes

If mitigation does not work, or if you feel the alternative does not represent a viable option, you may have other avenues to explore. You may have the option of taking a driving course instead of paying your ticket, but this may only work if you have no other moving violations on your record. You could also ask about deferral, wherein you receive a ticket dismissal after paying your fine and not receiving another traffic violation for a pre-determined period.

Could mitigation help with your traffic ticket? Learn how to protect your rights by understanding your rights.

 

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Understanding the driving point system in North Carolina https://www.jdbyers.com/blog/2021/01/understanding-the-driving-point-system-in-north-carolina/ https://www.jdbyers.com/blog/2021/01/understanding-the-driving-point-system-in-north-carolina/#respond Mon, 04 Jan 2021 23:15:30 +0000 https://2977089.findlaw1.flsitebuilder.com/?p=4129 Too many tickets can result in a loss of license in North Carolina. With the state’s driver’s license points system, even violations that seem small can add up to significant penalties.

Review the North Carolina DMV point system to avoid an unexpected license suspension.

Point-based suspension

Getting 12 points in three years results in a license suspension for 60 days. After the suspension, the driver’s record resets to zero points.

After the first suspension, a driver can receive a subsequent suspension after eight points within three years. A second suspension lasts six months, while a third or additional suspension for points lasts a full year.

Types of violations

Aggressive driving, the most serious violation, carries five points. Following another vehicle too closely is another five-point offense.

Motorists can receive four points for reckless driving, leaving the scene of a collision that caused property damage, failure to yield to a pedestrian or driving on the wrong side of the road.

Common three-point violations include failure to yield to another car, running a stop sign or red light, failure to stop for a siren, driving without insurance, failure to report an accident, and speeding in a school zone.

In addition to these tickets, drivers can receive an automatic suspension in North Carolina for driving under the influence of drugs or alcohol, street racing, or driving at least 15 miles per hour over the limit in a 50 mph or higher zone. Driving with a suspended license is also grounds for another suspension.

Drivers have the right to appear in court and contest these tickets. Doing so may result in reduced points and fines.

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What are the North Carolina driver’s license restoration laws? https://www.jdbyers.com/blog/2020/11/what-are-the-north-carolina-drivers-license-restoration-laws/ https://www.jdbyers.com/blog/2020/11/what-are-the-north-carolina-drivers-license-restoration-laws/#respond Thu, 26 Nov 2020 20:15:28 +0000 https://2977089.findlaw1.flsitebuilder.com/?p=4119 Drivers in North Carolina who want to enjoy their driving privileges must obey state and local traffic ordinances or face the possible suspension of their license. The North Carolina Department of Transportation notes that drivers who want to restore their licenses must fulfill several requirements beforehand.

If you lost your license due to a DWI conviction or other traffic offense, there are a few steps you may need to take before you can restore your driving privileges.

Suspension

After a DWI, DUI or multiple traffic offenses, the state may suspend your license for a period of time, depending on the severity of the infraction. Restoring your license usually comes with a variety of fees which may be added to other costs, such as:

  • License renewal
  • Service fees
  • Additional DMV fees

Once your suspension is complete, you can apply to restore your license for a fee of $70. The state typically allows you to make these payments online for convenience or if you moved to another state and need to release its hold so you can apply for a new license elsewhere.

DWI restoration

A DWI charge can seriously affect your driving privileges in North Carolina, but in some cases, you may recover them depending on the charges, such as whether the suspension is the result of a first offense. Once the suspension passes, you can contact your local DMV and request the restoration for a fee of around $140.

Services fees may not apply if you surrendered your license to the state before the suspension period began. This includes a surrender to the judge during the trial or sentencing phase of your case.

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Are run-of-the-mill traffic violations threatening your license? https://www.jdbyers.com/blog/2020/04/are-run-of-the-mill-traffic-violations-threatening-your-license/ https://www.jdbyers.com/blog/2020/04/are-run-of-the-mill-traffic-violations-threatening-your-license/#respond Wed, 22 Apr 2020 15:25:34 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=3713 North Carolinians frequently find themselves at the wrong side of the Department of Motor Vehicles system. What can seem like simple and innocuous tickets—like speeding or running a stop sign—can add up and lead to license suspension and other consequences.

Understanding the North Carolina point system

Like many other states, North Carolina uses a license point system where any traffic violation adds “points” to your driving record. If you have too many points over a certain time period, the DMV will suspend your license automatically. Twelve points over three years leads directly to suspension, and the threshold is lower if you have a prior suspension on record. This is meant to help regulate driving safety over time but can also be highly punitive and lead to long-lasting economic consequences for those with suspended licenses.

Over time, points drop off your record, but that will not be enough to stop you accumulating points quickly. A simple speeding ticket can add three points to your record. In as few as three stops, you could find yourself without a license.

What losing your license really means

A suspended license can have a wide impact on your life. For most people, driver’s licenses are a primary identification, meaning you may have to carry far more sensitive documents like birth certificates and social security cards just as a way to identify yourself. Many people cannot get to work, run errands or care for their children’s needs without a car. Suspensions have a major impact on quality of life, and driving with a suspended license can devastate your future. There are no good options once your license is gone.

There are limited options to clear your record, and the best course of action is to not accumulate points at all. It is worth it to contest your tickets.

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The impact of a driving record on insurance costs https://www.jdbyers.com/blog/2020/01/the-impact-of-a-driving-record-on-insurance-costs/ https://www.jdbyers.com/blog/2020/01/the-impact-of-a-driving-record-on-insurance-costs/#respond Tue, 21 Jan 2020 19:42:46 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=3184 Driving records in North Carolina are monitored carefully to ensure that people who are allowed the privilege of driving are responsible enough to be operating a motor vehicle without putting those around them at risk. When people receive traffic violations, depending on the frequency of their offense and how severe it was, a history of their behavior will begin to accumulate and will take time to remove.

A poor driving record can affect a person’s ability to acquire employment, especially in situations where a potential job requires a person to operate a company vehicle or mechanical equipment. It can also make it more difficult for people to get good rates on their automobile insurance if their record demonstrates their inability to drive safely. According to Progressive Insurance, most first-time offenses may not affect a person’s record or rates too badly. However, this depends on how their insurer views the violation and its severity. For insurance companies who provide discounts for people who drive safely, even one minor violation could compromise their discount.

The type of information that is included on a person’s driving record according to the North Carolina Department of Transportation includes the following:

  • General information including a person’s name, address, driver’s license information and pertinent vehicle information.
  • Details about auto accidents a driver has been involved in, violations they have made and outstanding tickets or warrants.

People who choose to operate their vehicle when their license has been suspended could lose their privilege to drive indefinitely until they undergo the required legal recommendations for getting it back. Over time and with adherence to all traffic laws, people can clear their driving record and previous offenses may be removed completely.

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Understanding the different types of speed limits https://www.jdbyers.com/blog/2019/11/understanding-the-different-types-of-speed-limits/ https://www.jdbyers.com/blog/2019/11/understanding-the-different-types-of-speed-limits/#respond Thu, 28 Nov 2019 00:48:17 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=2941 Speed limits may not seem that complicated on the surface. You see the limit posted on the sign and you adjust your speed to that level. However, did you know that there are different types of speed limits?

As a matter of fact, there are three different types. Not only that, but there is a hierarchy to them, meaning that some take precedence over the others. It is important to understand the differences among the three and know which takes precedence. Otherwise, you could incur a ticket if you obey the wrong speed limit.

Special conditions speed limits

Sometimes, a condition exists that can pose a danger to drivers, passengers and/or pedestrians. Special conditions speed limits may apply to these situations. They take precedence over all other speed limits.

The condition may be temporary, in which case, a changeable message sign may communicate a speed limit reduction of 10 miles per hour or more below the posted speed limit. Where the condition is permanent, such as a dangerous curve in the road or the presence of a school, the speed limit applies indefinitely.

Posted speed limits

The state government, as well as municipalities, have the right to post their own speed limits on roads that fall within their jurisdiction. Before a local or state government sets a speed limit on a new road, a traffic engineer investigates to determine a limit that is reasonable and safe.

You should try to observe the posted speed limit as closely as possible, traveling neither too fast nor too slow. Excessively slow speeds can create a hazard just as excessively fast speeds can.

Statutory speed limits

State legislatures establish statutory speed limits for various types of roads. In North Carolina, there is a statutory speed limit of 35 miles per hour in incorporated municipalities and 55 miles per hour in rural areas.

Municipalities have the authority to post their own speed limits, which may be different than the statutory speed limits. A posted speed limit takes precedence over a statutory speed limit. However, where there is no posted speed limit, the appropriate statutory speed limit for the type of road applies and is enforceable.

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What should you do if a police officer pulls you over? https://www.jdbyers.com/blog/2019/10/what-should-you-do-if-a-police-officer-pulls-you-over/ https://www.jdbyers.com/blog/2019/10/what-should-you-do-if-a-police-officer-pulls-you-over/#respond Wed, 09 Oct 2019 20:43:05 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=2911 If a North Carolina law enforcement official is behind you with lights and sirens going, it can be a very stressful time. It is often difficult to know what your rights are and what the police can expect of you. While you do not want to seem belligerent or difficult, it is okay to know when the police are crossing a line. FindLaw provides some tips to help you next time you are pulled over.

You should always pull over when you are stopped. Wait until it is safe for you to pull over, but signal to the officer that you are aware they are behind you and that you plan to pull over as soon as you can. Once you are stopped, avoid any sudden movements that may make the officers nervous. Be conscious of anything you do that may look suspicious or illegal. Turn your lights on in the car, turn the ignition off and keep your hands on the steering wheel. The officer is likely to ask for your license and registration, but you do not need to reach for those things until you have been specifically told to do so.

While you are having a conversation with the officer, remember that you have every right to remain silent if you choose to do so. If the officer asks if you know you were speeding, you do not have to respond. If they accuse you of driving drunk, you should be polite but do not need to admit to anything.

If your car is pulled over, the officer can search it if you give them permission. They may also search your vehicle if there is reasonable suspicion that something illegal is in your vehicle. If they choose to, they can place you in the back of a police car and wait until another officer shows up with a warrant to search your car.

Whenever you are on the road, it is important that you are aware of your rights. Everything from a traffic violation to a DUI can greatly affect your future if not handled correctly.

This is for educational purposes and should not be interpreted as legal advice.

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What to know about red lights in North Carolina https://www.jdbyers.com/blog/2019/08/what-to-know-about-red-lights-in-north-carolina/ https://www.jdbyers.com/blog/2019/08/what-to-know-about-red-lights-in-north-carolina/#respond Wed, 28 Aug 2019 23:33:29 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=2865 Stopping when approaching a red light or a stop sign is a generally known rule of the road, but there are other instances, such as encountering a blinking red light, where a North Carolina motorist may not know how to proceed. Being aware of how to handle uncertain situations with red lights can help prevent law enforcement citing you for making a wrong move on the road and incurring financial penalties.

When it comes to blinking red lights, North Carolina traffic law states that drivers are to come to a stop and yield to automobiles that have the right of way. A blinking red light is different than a blinking yellow light, which permits drivers to proceed through an intersection with caution if no other vehicles have the right of way. Proceeding on a blinking red light is governed by the same rules that dictate how to pass after stopping at a stop sign.

Another point of confusion is whether to turn right on a red light. North Carolina law does permit drivers to make a right turn, but it is dependent on a few factors. A driver must come to a complete stop at an intersection. There must be no sign that forbids turning right. The driver is to yield right of way to vehicles and pedestrians. If these conditions are met, the driver can turn right.

Recently, North Carolina drivers have been confused over whether they can make turns if the red light is a red arrow. A 2018 report run on WBTV out of Concord makes it clear that right turns on a red arrow are not permitted. However, ignorance of this law has contributed to a number of intersection accidents in the year 2018, with vehicles rear-ending other vehicles whose drivers turned into an intersection on a red arrow thinking it was fine to do so.

Mistaken assumptions about unfamiliar traffic signals can not only lead to auto accidents but also traffic citations from law enforcement. Drivers should familiarize themselves with the many different scenarios they can encounter on the road. If the event a driver does end up charged with a traffic violation, it is possible to contest it in court.

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Is police radar jamming illegal? https://www.jdbyers.com/blog/2019/07/is-police-radar-jamming-illegal/ https://www.jdbyers.com/blog/2019/07/is-police-radar-jamming-illegal/#respond Sat, 06 Jul 2019 02:22:41 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=2813 Being caught in a speed trap is something many North Carolina drivers want to avoid. Some motorists think they can escape a speeding ticket by installing a jamming device in their vehicle. While approaching police radar, the jammer acts to prevent the radar from registering the vehicle’s speed. However, jammers are not permitted under federal law, so using one is not a wise move and may cause you more trouble than it is worth.

Autoblog explains that radar jammers are illegal because they broadcast on an unauthorized frequency. The Federal Communications Commission (FCC) oversees all the frequencies that radar guns use, including radar guns used by law enforcement. Since the FCC does not approve licenses to radar jammers, attempts to use jammers to interfere with police radar are not authorized by law and can subject the user to fines and penalties.

In fact, the FCC goes as far as to ban advertisements for radar jammers. Since the FCC has the authority to regulate the marketing of goods and services, it has the power to halt attempts by individuals and vendors to try to market a jammer. So if you are led to a vendor that offers a radar jammer through an advertisement, know that the ad you read or watched is likely illegal itself.

The consequences of using a jammer to broadcast interference to police radar can be stiff. FCC fines can go up to $50,000 and possibly up to five years in prison. While you may not care for police radar in your neighborhood and the speeding ticket that can result from a speed trap, it is better to contest the ticket in court with a professional traffic violation attorney instead of using illegal means to circumvent the law.

Traffic violations can take many forms. For this reason, do not consider this article as legal counsel for your situation. Only read it as general information on this topic.

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How will a traffic violation affect my insurance? https://www.jdbyers.com/blog/2019/05/how-will-a-traffic-violation-affect-my-insurance/ https://www.jdbyers.com/blog/2019/05/how-will-a-traffic-violation-affect-my-insurance/#respond Wed, 22 May 2019 00:57:07 +0000 https://2977089-fork.findlaw1.flsitebuilder.com/?p=2778 Seeing those flashing lights in your rearview mirror often makes your stomach turn. It is never fun to get a speeding ticket or other moving violation. Not only do you usually end up with a hefty fine to pay but also you have to worry about the impact on your auto insurance rates. While it may seem very random as to how your insurance company determines rate increases, there is actually a formula to it, according to the North Carolina Department of Insurance.

The fact is that your driving record is a main factor your insurance company uses to create your insurance rates. So, if you get points on your record, they will have a huge impact. The number of points you get determines how much your rates increase.

You can get different points for different infractions. Smaller points are typically for smaller infractions. For example, you would get one point for speeding 10 mph or less in a zone with a speed limit under 55 mph, but you would get four points if you were going over 75 mph in a zone with a speed limit under70 mph. The highest number of points you may get is 12. This is for the most serious offenses, such as getting a DUI or being at fault in an accident that kills someone.

For each point, your insurance premium goes up by a certain percentage. For one point, the increase is 30%. Two points is a 45% increase, and three points is an increase of 60%. Four points leads to an 80% increase, while eight points causes a 195% increase. Finally, 10 points brings a 260% increase while 12 points will increase your premium by 340%.

Keep in mind that your insurance company looks back three years at your record, so even if you have recently been a good driver, your past record could impact your insurance costs. This information is for education and is not legal advice

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