Traffic/DWI Traffic Citations

TRAFFIC LAW INFORMATION

DMV POINTS
REVOCATIONS OR SUSPENSIONS
RESTORATION OF PRIVILEGES
LIMITED DRIVING PRIVILEGES
ASSIGNMENT OF INSURANCE POINTS
PJCs

Speeding Tickets – Reckless Driving – Driving While License Revoked – Other Moving Violations

For most of us our first and only contact with a law enforcement officer comes when we are pulled over for committing a traffic related offense.  Anyone who drives a motor vehicle runs the risk of being stopped by a law enforcement officer and accused of violating a traffic law.  A traffic ticket can be a real hassle.  Traffic citations can result in missed work and steep fines, increases in automobile insurance premiums and in some cases even a loss of driving privileges.

There is no question that knowing the traffic laws of this state has become a sub-specialty in the law.  Properly handling a traffic citation can mean the difference between having to pay more in insurance premiums and having no increase at all.  In some cases it can actually mean the difference between being able to continue driving legally and having your license suspended. 

When it comes to traffic citations there is a lot to know.  It is important to hire an attorney with experience in handling these types of cases.   Our attorneys have handled hundreds of traffic citation cases.  We will thoroughly review the facts and circumstances surrounding your cases and zealously fight for your rights. 

Traffic Law Information

General Information on Traffic Law in NC:

In North Carolina two distinct point systems are applicable when dealing with traffic violation in North Carolina.  The first is a point system enforced by the North Carolina Department of Motor Vehicles.  Traffic violations that are classified as moving violations will, if convicted, add points to an individual’s driver’s license.  The second point system in North Carolina is created for insurance purposes by the Safe Driver Incentive Plan (SDIP).  Insurance points are also assessed by a conviction for a moving violation.  The SDIP creates the framework by which insurance points are assigned drivers in North Carolina. 

DMV Points: 

According to N.C.G.A. §20-16 the Division of Motor Vehicles has the authority to maintain a record of convictions of every person licensed to operate a motor vehicle in the state.  In accordance with this authority the DMV assigns to the record of a licensed driver a certain number of points for each conviction of a traffic violation.  Only certain traffic violations are assigned a point value.  These violations can accumulate between 1-5 points per conviction on an individuals driving record.  The point value assigned to a particular traffic violation is listed in the table below. 

Commercial motor vehicle:

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Revocations or Suspensions:

Did YOU KNOW that your privilege to drive a motor vehicle in the state of North Carolina could be suspended (or revoked – the statutes use these two words interchangeably) in one of two ways:  either by a mandatory revocation or at the discretion of the Division of Motor Vehicles (DMV).

A mandatory revocation occurs when it is required by law.  For example, if you are convicted of the offense of Driving While Impaired (DWI) and you have not been convicted of a prior DWI in the past ten years; the law requires that your license must be suspended for at least one year.  The same is true if you are convicted of reckless driving twice with a twelve month period of time.

There are a number of such mandatory revocations.  In most cases the period of suspension is one year, however, it certain cases it can be longer.  For example a person convicted of DWI who has a one other conviction involving impaired driving occurring in the three years immediately preceding the date of the current offense will have his or her license revoked for a period of four years. 

In certain rare instances a person may according to the statute permanently lose his or her license.   For example, a person will permanently lose his or her license for three convictions of driving while licensed revoked.

In other cases the DMV has the power to revoke driving privileges, but is not required by law 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 80 mph within a twelve month period.

If an individual is stopped driving a motor vehicle by a law enforcement officer during a period in which the DMV has suspended or revoked that persons license the officer may charge the driver with Driving While License Revoked (DWLR).  DWLR is considered a class 1 misdemeanor in North Carolina and therefore exposes the person charged with this offense with the potential for an active jail sentence.  Additionally, if a person is convicted of a moving violation during a period in which that person’s license is in state of suspension, the revocation will be extended for an additional year.  If a person is convicted of three moving violations during a period of suspension, the driver’s license will be permanently revoked.

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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 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 on 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.

Limited Driving Privileges:

1. 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?
2. 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.
3. 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.
4. Additionally, if it is your first DWI conviction you must fall into the lower sentencing levels in order to be eligible.
5. 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.
6. 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 it own legal punishments.

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Assignment of Insurance Points:

In an effort to reward safe drivers with the lowest possible insurance rates, the General Assembly enacted the North Carolina Safe Driver Incentive Plan (SDIP).  According to the SDIP drivers who plead guilty, no contest, or who are adjudicated guilty by a judge or jury to a moving violation, they will be assigned insurance points and ultimately charged higher insurance premiums in accordance with their driving records.  Additionally drivers who cause automobile accidents will be assigned insurance points that will result in higher automobile insurance premiums.  Insurance points are accumulated on driver’s record during the Experience Period.  According to the statute the Experience Period is the three years immediately preceding the date of application or the preparation of the renewal.  The table below lists the insurance points assigned to a particular moving violation.

Special Exceptions: No Insurance Points will be assigned for:

An automobile accident provided all of the following are true:

1. The accident results in property damage only;
2. The amount of damage is $1800.00 or less;
3. The driver was not convicted of a moving violation as a result of the accident; and
4. No other licensed drivers in the household have moving violation convictions or at-fault accidents during the experience period. 

Speeding for 10 mph or less over the posted speed limit, provided all of the following are true:

1. The speeding violation did not occur in a school zone; and
2. There is not another conviction for a moving violation during the experience period.  A PJC will not count as a prior conviction for the purposes of this exception. 

Once a conviction in which judgment is continued; however:

• A second PJC charged to the insured household may cause points to be charged according to the underlying convictions.

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.

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