Traffic/DWI

In North Carolina the majority of traffic related offenses are handled in District Court.  The most common traffic related charges found in North Carolina District courtrooms include: speeding tickets, vehicle registration and inspection violations and Driving While Impaired.  While these types of cases are handled in criminal courtrooms where the court can impose criminal punishments, these types of cases can also increase a person’s vehicle insurance premium, and may even affect a person’s driver’s license.

If you have been charged with any traffic related offense in North Carolina, it’s important that you consult an attorney.  Mr. Andresen and Mrs. Butler have over 28 years of combined experience.  They both keep up with the changes in the law and have the knowledge and expertise to provide you with the best possible defense. 

Call Andresen & Arronte today to schedule a consultation with an attorney.  

Did You Know?

REVOCATIONS

DID YOU KNOW that your privileges to drive a motor vehicle in the state of North Carolina could be suspended (or revoked- the statutes use these two works interchangeably) in one of two ways: either by a mandatory revocation or a revocation at the discretion of the Division of Motor Vehicles?

A mandatory revocation occurs when it is required by law. For example, if you are convicted of a DWI offense, the law requires that your license must be suspended for at least one year. The same is true if you are convicted of speeding in excess of 80 mph or if you are convicted two times in a twelve month period of reckless driving.

There are a number of such mandatory revocations. In most cases the period of suspension is one year, although it can be longer. For instance, a longer period may apply where a previous DWI appears in the record.

In other cases the DMV has the power to revoke driving privileges, but is not required to do so (however, in most cases the privileges are revoked). Such discretionary revocations include receiving two convictions within a twelve month period of speeding in excess of 55 mph but not in excess of 80 mph; or by receiving a reckless driving conviction and a conviction of speeding in excess of 55 mph but not more than 80mph within a twelve month period.

Other convictions which trigger a revocation include such offenses as illegally transporting alcohol, failing to stop and rendering assistance in certain instances, fraudulent use of one's license and lying to the DMV.

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PERIODS OF REVOCATION

DID YOU KNOW that the period for which your driving privileges could be revoked varies depending on the nature of the conviction?

Most mandatory revocations result in a one year suspension as generally set forth in NCGS 20-19. However, the suspension period can be either longer or shorter depending on the situation.

For example, the law requires a four year suspension upon a DWI conviction if the individual has a prior DWI conviction within three years of the occurrence date of the current DWI. Note the language. There must be a prior conviction for a DWI offense and that offense must have occurred within three years of the current conviction. However, in such cases the license may be restored in a shorter period of time.

In the event of two or more prior DWI convictions with one occurring within five years of the current conviction the revocation is permanent. Again, however, the license may be restored under certain situations.

On the other hand the period of suspension is only six months for receiving two convictions of speeding in excess of 55 mph in a twelve month period or one conviction of speeding in excess of 80 mph or on a second conviction of transporting an open container of alcohol.

It is also important to remember that these provisions apply to out-of-state convictions as well.

Additionally, the law now provides that the privileges of any person who has willfully failed to make court-ordered child support payments shall be revoked and shall remain revoked until such payments are brought current.

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RESTORATION OF PRIVILEGES

DID YOU KNOW that, even though your license has been suspended, it is possible, under certain circumstances to have it restored within a shorter period on a conditional basis?

For example, if your license has been permanently revoked based on two or more prior DWI convictions it is possible to seek a conditional return of your driving privileges after three years of revocation.

To obtain a conditional restoration after a DWI you must demonstrate to the satisfaction of the Department of Motor Vehicles (DMV) that:

• you have not committed a motor vehicle violation or any drug or alcohol offense, either in North Carolina or out-of- state, during the period of revocation, and ,
• you are not currently an excessive user of alcohol or drugs.

To do so, the DMV requires the testimony of witnesses, with clean records that you have not violated North Carolina's driving laws (for example, by not driving while your license has been suspended) and that you are not a user of drugs or an excessive user of alcohol. The witnesses will be placed under oath and sworn to tell the truth.

Generally, when your license is suspended for one year as a result of a non-DWI conviction it is possible to seek a DMV hearing after six months. At such hearings, the DMV generally does not require additional witnesses.

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LIMITED DRIVING PRIVILEGES

DID YOU KNOW that even though your privileges have been revoked, you may be able to obtain limited driving privileges to go to work, school or the grocery store?

For example, if your license has been revoked because of a DWI conviction, you are eligible for limited driving privileges if you have not had another DWI conviction within the previous 7 years.

Also, your license must have been active at the time of the conviction. In other words, you are not eligible if you were caught driving while impaired and while your license had been revoked for something else such as a previous DWI or because you failed to appear in court for a previous ticket.

Additionally, if it is your first DWI conviction you must fall into the lower sentencing levels in order to be eligible.

Limited privileges are also available for certain speeding convictions. Such privileges are generally restricted to work, health and household maintenance purposes. They do not include driving to church.

A person under the age of 21 who is convicted of driving while consuming alcohol or having alcohol in his or her body may be eligible to obtain limited privileges. Minors who are convicted of driving while consuming alcohol are not eligible for limited driving privileges.

If you are caught driving outside of the hours set forth in the limited driving privilege you will be subject to the charge of driving while your license is revoked which is a misdemeanor and has its own legal punishments.

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REFUSAL TO BLOW

DID YOU KNOW that the state of North Carolina requires that you submit to a chemical analysis of your breath when you are charged with a DWI offense?

Generally, that occurs after you are arrested and are taken downtown. In most cases, the police officer will want you to blow into a machine called an Intoxilyzer which is designed to measure the alcohol content in your blood. At that point you will be advised of a number of rights including the fact that you have the right to refuse to take the test. Either way, your decision will have a substantial effect on your license.

If you decide to blow, your case may hinge, in large measure, on the machine's alcohol reading. The law states that you are appreciably impaired if you blow a .08 or higher on the first offense and a .04 on the second offense. Even with such readings, however, there are a number of other issues which must be examined before finally deciding how to resolve your case.

However, if you choose not to blow, your license will be revoked for a period of 12 months, even if you are found not guilty of the DWI charges at a later trial.

Also, you will not be able to obtain limited driving privileges for six months after the date of the refusal.

Nonetheless, refusing to blow may be the better decision for you. Even though you will lose your license, you may wind up with no conviction on your record and no hefty 400% increase in your insurance premiums for the next three years.

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PJCs

DID YOU KNOW that in some cases you can obtain a judgment that has no effect on your driver's points or insurance points?

Most of the time, a moving violation will have the effect of increasing both the number of driver's points on your license and the amount of insurance premiums that you pay.

The number of driver's points on your record is important, of course, because if you receive more than 12 driver's points in a three year period, your license will be revoked for a period of 60 days the first time, six months for the second and one year for the third or more instances.

However, in certain situations you may be able to obtain a PJC, or what is formally called a Prayer for Judgment Continued. For legal purposes, a PJC acts as though you were not convicted. Accordingly you receive no driver's points and no insurance points.

The law restricts the usage of PJCs, however. Basically, you are limited to one every three years. If you do get a second PJC within five years of the first, you will not get driver's points but you will receive insurance points. A third PJC within five years will be treated as a conviction.

It is important to know that you do not have a right to a PJC. Rather, it is something which you must request and which the court may or may not grant. If you have a bad driving record, it is less likely that a judge will give you a PJC.

In some cases, a judge may require that you attend a safe driving school program in order to earn a PJC. Also, you may be advised to perform some community service prior to the court date when you intend to request a PJC.

Traffic tickets—there's a lot to know. Go to a lawyer you can trust.
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CDLs

DID YOU KNOW that commercial driver's licenses are subject to special rules?

For example, anyone who holds a CDL must notify his employer of any motor vehicle traffic conviction. Also, that person must notify his employer in the event that his license is revoked.

The notification periods are different. In the case of a speeding ticket, a red light violation or any of the more routine traffic violations, the employee must notify the employer within 30 days of the conviction. In the event that the CDL is suspended, however, North Carolina General Statute 37-18 requires that notification must be made "before the end of the business day following the day the driver received notice" of the revocation. Failure to notify the employer subjects the driver to an infraction and a fine of not less than $100 and not more than $500.

Additionally, driving a commercial vehicle without first obtaining a CDL is a class 3 misdemeanor which carries a fine of $250 for the first offense.

Also, the alcohol limit for CDL drivers is .04 for the first offense. Upon a restoration of the driving privilege, you may not drive a commercial vehicle with any alcohol blood content. Thus, the limit is 0.00. This restriction remains in effect for a 3-year period after the first such restoration.

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PROVISIONAL LICENSEES

DID YOU KNOW the motor vehicle laws in North Carolina recently changed relating to persons under the age of 18?

You can first obtain a learner's permit in North Carolina at age 15 if you have successfully passed a driver's education course. Once you have a provisional license you can only drive while a licensed driver over the age of 21 years is seated in the passenger's seat. After one year, a 16 year old can take the written examination and become a provisional licensee with certain restrictions--primarily that you may not operate a motor vehicle without a licensed driver 21 or over before 5 o'clock am or after 9 o'clock pm.

Moreover, a provisional licensee will not be able to obtain full driving privileges until the completion of one full year without any moving violation.

If you obtain two convictions of moving violations within a 12 month period, the Division of Motor Vehicles (DMV) has the authority to suspend your license for up to 30 days, 90 days for three convictions and 6 months for a fourth conviction.

Alternatively, the DMV could place you on probation for a period of not more than 12 months on such terms and conditions as it deems appropriate.

The law does permit a parent or one standing in loco parentis to request a DMV hearing to determine whether to restore the minor's driving privileges, however, such a hearing can only be had after at least one-half of the suspension period has expired.

Also, a provisional license will be revoked upon a finding that the driver was operating a motor vehicle while consuming alcohol or had any alcohol remaining in his body. Limited driving privileges are not available for persons under 18 years of age.

Traffic tickets—there's a lot to know. Go to a lawyer you can trust.
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DRIVER'S POINTS

DID YOU KNOW that the state of North Carolina assigns different driver's points for different moving violations?

Points are imposed and recorded by the State and become part of your driving record. The point system established by the State is listed below.

The number of points that can be accumulated before revocation varies depending on the status of your privileges.

Driver's points imposed by the State of North Carolina are:

Remember, if you get 12 points in a three-year period, you will lose your license.

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INSURANCE POINTS

DID YOU KNOW that when you are convicted of a moving traffic violation, your insurance company learns of the offense and assigns you Insurance Points.

There is a big difference between Insurance Points and Driver's Points. In North Carolina, Insurance Points can wind up costing you big money.

The list below shows the number of Insurance Points which are assessed to various traffic convictions and the corresponding percentage increase in your insurance premiums:

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IGNITION INTERLOCK

DID YOU KNOW that as of July 1, 2000 in certain circumstances the law now requires an ignition interlock upon the restoration of your driving privileges or when receiving a limited driving privilege?

An ignition interlock is a device that is attached to the motor vehicle and which requires the driver to submit to a breath test before and during the operation of the vehicle. Failing the test will prevent the vehicle from starting or continue to be operated.

Ignition interlock devices are now required upon a DWI conviction where the blood-alcohol content was .16 or greater.

The restriction will remain in effect for a period of one year for the first offense and for greater periods for the second or subsequent DWI convictions.

The defendant will bear the cost of installing the device, which can be done by private vendors licensed by the Department of Motor Vehicles.

Not installing the device or disabling the device is a crime.

Traffic tickets—there's a lot to know. Go to a lawyer you can trust.
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FORFEITURES

DID YOU KNOW that North Carolina (and a growing number of other states) allows the police to confiscate your car under certain circumstances-even if you were not the driver?

Such is the case where the person driving your car does not have a valid driver's license because of a prior DWI conviction.

If the arresting officer has reasonable suspicion to believe that the vehicle is subject to forfeiture he may take the car and have it placed in the custody of the county school board, pending release back to you or sale to the general public. A daily storage fee will be charged.

Within 72 hours of the seizure, the officer must submit an affidavit to the magistrate of the county where the vehicle was seized stating the basis for his belief that the car could be forfeited.

You may be able to get your car back prior to the defendant's trial if you are able to show that (1) you had no reason to know that the person who drove the car had his driving privileges revoked, or (2) he drove your car without your permission, express or implied, and that you are willing to prosecute a case against the driver for unauthorized use of a motor vehicle.

You will also have to sign an acknowledgment that you now know the defendant's driving privileges have been revoked and that you will not again consent to his using your car. Also, you will have to pay storage fees.

If you are seeking to get the car back before trial, you will also have to post a bond.

Traffic tickets—there's a lot to know. Go to a lawyer you can trust.
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