Traffic Ticket Lawyer
- Insurance Rate Increases
- Loss of License
- High Fines and Court Costs
Greensboro Speeding Ticket Lawyer
Some traffic tickets seem minor, and it may seem like a good idea to proceed without an attorney. The court system even allows you to pay off tickets without appearing in court. But without the advantage of counsel, you may find that even minor traffic violations or speeding tickets can lead to a loss of license, devastating insurance costs, or even prison.
So why should you hire an attorney?
– To know that you got the best possible outcome
– Because you need to explore whether you could or could not prevail at trial
– An attorney can navigate the court system, and take that stress off your shoulders
– We can appear in. court for you, so that you do not lose a day of work or have to use an important vacation day
– We can protect your record for the future
– Counsel can anticipate DMV revocations and potentially protect your license
– You may be eligible or a Prayer for Judgment Continued (PJC)
– If you have a CDL license, there are special rule and higher stakes that must be evaluated
– A proper defense can save future DMV fees
– A lawyer can help differentiate between License Points and Insurance Points
– Attorney can negotiate minimum fines
– An experienced attorney will know the judges and prosecutors, and can navigate around the anticipated dangers
– No one of us can afford for things to go wrong or unexpected if the Judge decides to make an example of your case
– Attorney can expect and fight for better plea offers
– Man traffic ticket are actually criminal misdemeanor charges. You must protect your criminal record from misdemeanors, as well as well as the collateral consequences to your immigration status, employment opportunities, school admission, trade associations membership, and professional licenses
– An attorney will always make sure law enforcement officer shows up to court, or the case should be dismissed
– Lawyers can protect you from potential jail or supervised probation burdens.
What if you are charged with a traffic violation?
First, take a deep breath, we are here to help. Do not pay off the ticket – that means you are pleading guilty, and even a minor traffic ticket has the potential to revoke your license, or devastate your insurance.
Protecting your license is protecting your freedom. Your ability to drive is your ability to provide for your family, to further your career, to take your children to school. It is a fundamental right that we believe should be protected and fought for.
Some of the cases we will defend you from:
1. Speed over the applicable limit (including a limit imposed by permit on a commercial
vehicle) and over 55 mph but not over 80 mph.
2. Speed over the applicable limit (including a limit imposed by permit on a commercial
vehicle) but 55 mph or under.
3. Exceeding a safe speed or exceeding posted speed ( [G.S. 20-141].
4. Speeding in school zone or on school property. [G.S. 20-141(e1); G.S. 20-141.1].
5. Driving too slowly. [G.S. 20-141(h)].
6. Speeding in a work zone. [G.S. 20-141(j2)] – $250 and Costs
7. Failure to reduce speed to avoid accident. [G.S. 20-141(m)].
8. Driving without, or with expired non-commercial drivers license (except when revoked or suspended), or operating motorcycle without proper license endorsement, or knowingly permitting an owned vehicle to be so operated, or violating restrictions on graduated licenses. [G.S. 20-7; G.S. 20-11; G.S. 20-32; G.S. 20-34].
9. Failure to carry license while driving vehicle. [G.S. 20-7(a)].
10. Illegal parking in handicapped space. [G.S. 20-37.6].
11. Operating vehicle with improper dealer plates. [G.S. 20-79(e)(1)].
12. Improper use of temporary registration plates issued by dealers. [G.S. 20-79.1].
13. Use of darkened windows in motor vehicle. [G.S. 20-127(b)-(d)].
14. Failure to use headlights when wipers on. [G.S. 20-129(a)(4)].
15. Failure to dim lights. [G.S. 20-131; G.S. 20-181].
16. Failure to use seat belts in front seat. [G.S. 20-135.2A].
17. Failure to use seat belts in rear seat. [G.S. 20-135.2A].
18. Transporting child under 16 in open bed or open cargo area. [G.S. 20-135.2B].
19. Failure to use appropriate child restraint system. [G.S. 20-137.1].
20. Cell phone use by driver under 18. [G.S. 20-137.3].
21. Driving while texting, except as in No. 12 of mandatory appearances. [G.S. 20-137.4A].
22. Transporting alcohol in commercial vehicle. [G.S. 20-138.2C].
23. Possession of open container of alcoholic beverage in motor vehicle. [G.S. 20-138.7(a1)].
24. Failure to wear helmet, or having too many passengers, on motorcycle or moped. [G.S. 20-140.4].
25. Lane violations. [G.S. 20-146].
26. Driving left of center. [G.S. 20-148].
27. Improper passing, except as in No. 27 of mandatory appearances. [G.S. 20-149(a), (b)(3);
G.S. 20-150; G.S. 20-150.1].
28. Following too closely. [G.S. 20-152].
29. Improper turn, starting, stopping and/or improper signal. [G.S. 20-153; G.S. 20-154].
30. Failure to yield right of way. [G.S. 20-155; G.S. 20-158.1].
31. Failure to yield right of way to emergency vehicles, except as in No. 28 of mandatory
appearances. [G.S. 20-156].
32. Interfering with or failing to move over for emergency vehicles. [G.S. 20-157(b)-(f)].
33. Failure to stop for stoplight or traffic control signal or stop sign. [G.S. 20-158].
34. Failure to yield to pedestrian. [G.S. 20-158(b)(2)c].
35. Driving the wrong way on a one-way street. [G.S. 20-165.1; G.S. 20-169].
36. Failure to remove from the roadway a vehicle involved in an accident. [G.S. 20-166(c2)].
37. Violation of bicycle helmet law. [G.S. 20-171.9].
38. Violation of vehicle inspection law. [G.S. 20-183.8(a); G.S. 20-384] 39. Any parking violation other than violation of the handicapped parking laws.
40. Violation of the vehicle registration laws, except as in No. 9 of mandatory appearances.
41. Height, length and width violations. [G.S. Ch. 20, Art. 3, Part 9].
42. Improper vehicle equipment. [G.S. Ch. 20, Art. 3, Part 9].
43. Any other traffic violation for which court appearance is not mandatory as explained in the policies on side 1 (see www.nccourts.org).
44. Intentional or reckless littering under G.S. 14-399(c).
45. Unintentional littering under G.S. 14-399(c1).
46. Driving while (license) suspended, revoked or disqualified, DWLR, driving while license revoked for impaired drivers license revocation after DMV has sent notification, or failing to appear for two years after date of implied-consent charge. [G.S. 20-28] 47. Driving a commercial motor vehicle without being licensed to do so, or driving a commercial motor vehicle while license suspended, revoked, or subject to a disqualification or out of service order. [G.S. 20-28(c); G.S. 20-37.12] 48. Possess fictitious, cancelled, revoked, suspended or altered license or identification card, or counterfeit, sell, lend, or permit use of license or identification card by another, or any other violation of G.S. 20-30 or G.S. 20-37.8. 7.
49. Any violation involving false affidavit, or false statement under oath, or perjury. [G.S. 20-31; G.S. 20-112; G.S. 20-313.1; G.S. 20-17(5)] 50. Selling handicapped parking placards. [G.S. 20-37.6(c3)] 51. Any violation of the vehicle registration laws involving stolen, altered, or fictitious registration plates or certificates.
52. Failure to obey directions of a traffic officer, or of a fireman at the scene of a fire. [G.S. 20 -114.1] 53. Unlawful use of red or blue lights on vehicle. [G.S. 20-130.1] 54. Driving while texting while operating a school bus. [G.S. 20-137.4A] 55. Driving while subject to an impairing substance. [G.S. 20-138.1] 56. Driving a commercial vehicle while subject to an impairing substance. [G.S. 20-138.2] 57. Operating commercial vehicle after consuming alcohol. [G.S. 20-138.2A] 58. Operating school bus, school activity bus, or child care vehicle after consuming alcohol. [G.S. 20-138.2B] 59. Driving by person under age 21 while drinking or after having consumed alcohol or controlled substance. [G.S. 20-138.3] 60. Driving with open container after drinking. [G.S. 20-138.7(a)] 61. Careless and reckless driving. [G.S. 20-140(a), (b), (f)] 62. Driving in excess of 80 mph. [G.S. 20-141] 63. Exceeding the applicable speed limit by over 15 mph while driving over 55 mph. [G.S. 20-141(j1)] 64. Racing (prearranged, spontaneous, permitting such use of an owned vehicle, betting on prearranged racing). [G.S. 20-141.3] 65. Death by vehicle. [G.S. 20-141.4] 66. Driving to elude arrest. [G.S. 20-141.5] 67. Aggressive driving. [G.S. 20-141.6] 68. Any violation of G.S. 20-142.1 through G.S. 20-142.5 (railroad grade crossing violations), if the driver is driving a commercial motor vehicle.
69. Failure to give way to the right when being passed proximately causing a collision resulting in serious bodily injury, bodily injury or property damage. [G.S. 20-149(b)(1)-(b)(2)] 70. Failure to stop for approaching emergency vehicles or any violation of G.S. 20-157 causing death, serious injury, injury or property damage. [G.S. 20-157(a), (h), (i)] 71. Failure to yield involving serious bodily injury. [G.S. 20-160.1] 72. Failure to stop, etc. at the scene of an accident, or failure to report such an accident. [G.S. 20-166; G.S. 20-166.1; G.S. 20-166.2] 73. Transporting spent nuclear fuel without notifying Highway Patrol. [G.S. 20-167.1] 74. Passing stopped school bus. [G.S. 20-217] 75. Any violation of the financial responsibility laws. [Chapter 20, Articles 9A and 13] 76. Any violation of the all-terrain vehicle laws. [Chapter 20, Article 3, Part 10C] 77. Violations of motor carrier safety and hazardous material regulations. [G.S. 20-396]
Greensboro Traffic Ticket Lawyer
The two greatest penalties North Carolina may impose on a driver are insurance points and penalties that will revoke your driver’s license.
The first question is simple: “what will this do to my insurance rate?”
In. North Carolina, insurance rates are determined by five factors:
(1) The basic North Carolina automobile insurance rates set out in the North Carolina Personal Automobile Manual.
(2) Insurance points accumulated during the past three years for moving violations and accidents.
(3) Whether their insurance company has transferred their coverage to the reinsurance facility.
(4) What region of North Carolina they live in.
(5) Whether they have three years or less driving experience, regardless of age.
You will only be assessed insurance points North Carolina drivers will be assessed insurance points if convicted of a moving violation or if they have an at fault accident during a three year period. The three years is measured from the date of the application or renewal of your insurance policy.
Providing a shield against higher insurance rates is our priority, and we have several weapons at our disposal. We may be able, per household, to use a Prayer for Judgment Continued, and one conviction for speeding less than 10 mph above the speed limit, every three years, without adverse affect.
Reductions of traffic violations to non-moving violations may also be employed to protect your record and license. Improper Equipment or Failure to Notify DMV of Address Change are both non-moving violations that will not impact your insurance. Often, we can negotiate this reduction in court and save your time, your resources, and your peace of mind.
Some of the potential insurance points we will fight against:
• Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle – 12 Points
• Prearranged highway racing or knowingly lending a motor vehicle to be used in a prearranged race – 12 Points
• Failure to stop and render aid when involved in an accident resulting in bodily injury or death – 12 Points
• Impaired driving, including driving a vehicle while under the influence of an impairing
• substance; driving a vehicle with an alcohol concentration of 0.08% or more; and driving a commercial vehicle with an alcohol concentration of 0.04% or more
• Transportation of intoxicating liquors for the purpose of sale – 12 Points
• Highway racing (not prearranged) or knowingly lending a motor vehicle to be used in the race – 10 points
• Speeding to Elude – 10 points
• Operating a motor vehicle during a period of revocation or suspension of either the driver’s license or vehicle registration – 8 Points
• Failure to stop and report when involved in a motor vehicle accident resulting in property damage only – 4 Points
• Reckless driving – 4 Points
• Passing a stopped school bus – 4 Points
• Speeding in excess of 75 miles per hour (mph) when posted limit is less that 70 mph – 4 Points
• Speeding in excess of 80 mph when limit is 70 mph or greater – 4 Points
• Driving by a person under 21 after consuming alcohol or drugs – 4 Points
• Each at-fault accident that results in bodily injury (in excess of $ 1800.00) or death or total property damage (including the insured’s property) of $ 3000.00 or more – 3 Points
• Illegal passing – 2 Points
• Speeding more than 10 mph over the limit, if total speed was in excess of 55 mph but less than 76 mph – 2 Points
• Speeding 10 miles or less in excess of limit in speed zone of 55 or greater*
• Following too closely – 2 Points
• Driving on the wrong side of the road – 2 Points
• Each at-fault accident that results in total damage to all property which is in excess of $1,800.00 but less than $ 3000.00 3-4-2005 – 2 Points
• Speeding 10 mph or less in excess of a speed limit of less than 55 mph – 1 Point
• Each at-fault accident that results in total damage of $ 1,800.00 or less – 1 Point
How can insurance points affect you? Insurance points result in a surcharge:
1 Point = 25%
2 Points = 45%
3 Points = 65%
4 Points = 90%
5 Points = 120%
6 Points = 150%
7 Points = 180%
8 Points = 220%
9 Points = 260%
10 Points = 300%
11 Points = 350%
12 Points = 400%
The second fear inspired by a traffic violation charge is the potential of losing your license. Even minor traffic violations have the potential to revoke your license. It is important to know the details of North Carolina’s traffic statutes, and to understand how different violations may interact with one another, and how the DMV may interpret different convictions.
Any convictions below, or combination thereof, may result in the loss of one’s license:
• Conviction within 12 months of 2 charges of reckless driving, 2 charges of aggressive driving, or a combination of the two. One year suspension (20-17(a)(6) 20-19(f).
• Speeding over 15 mph over the limit and over 55 mph (includes work zones) or over 80 mph. 30 day suspension for first offense; 60 days for second, 20-16.1 and 2016.1(a),(c).
• Speeding over 15 mph over the limit and over 55 mph (includes work zones) or over 80 mph and reckless driving. 60 days suspension, 20-16.1 and 2016.1(d).
• Conviction within 12 months of 2 or more charges of speeding more than 55 mph and not more than 80 mph. (Discretionary) Suspension not more than 6 months. 20-16(a)(9) and 20-19(a).
• Conviction within 12 months of reckless driving of speeding and more than 55 mph and not more than 80 mph. (Discretionary) Suspension not more than 6 months. 20-16(a)(9) and 20-19(a).
• Conviction of speeding more than 75 mph where speed limit is less than 70 mph (Discretionary) Suspension not more than 12 months. 20-16(a)(10) and 20-19(b).
• Conviction of speeding more than 80 mph where speed limit is 70 mph (Discretionary) Suspension not more than 12 months. 20-16(a)(10a) and 20-19(c).
• Conviction of speeding more than 80 mph where speed limit is 70 mph (Discretionary) Suspension not more than 12 months. 20-16(a)(10a) and 20-19(c).
• 12 license points accumulated within 3 years.
If your license is revoked, you may be eligible for a limited driving privilege. We warned, the DMV, despite the statutory language regarding “discretionary” revocations, will almost always take away your license, and often for a full year rather than any lesser amount technically allowed by law.
Greensboro DWLR Lawyer
Even the simplest traffic charge may lead to the continued revocation of your license if you are charged with a moving violation during a period of time when your license was revoked. For example, if you have been charged with running a stop sign and driving while license revoked DWLR), you must not be convicted of the stop sign charge, even though the DWLR charge seems to be the more serious offense. If you convicted of the stop sign violation, a moving-violation, the resulting punishment will suspend your license for another whole year, minimum. If you find yourself in such a cycle of revocation, you may be eligible for a DMV hearing or better yet, a limited driving privilege.
We are here to help you. Protecting your license is protecting your freedom. Call our attorney in Greensboro for an honest evaluation of your case, and know that we can assist you whether charged with a traffic ticket or working to get your license back.