Tuesday, December 31, 2013
Out of State Traffic Tickets
www.kisslinglaw.com
As so many are traveling this time of year, it is a good time to remind everyone how the NC DMV puts out of state traffic tickets on your NC driving record. Out of state tickets will go on your record, but they do not have any points associated with them. However, if the out of state conviction would result in a revocation if the ticket was received in NC, the DMV will issue a revocation. In addition, your insurance company can look at the ticket for insurance purposes. As a result, you should treat that out of state ticket as if you received it in NC.
Monday, December 30, 2013
International Drivers Licenses' are not Valid in NC
www.kisslinglaw.com
North Carolina DMV and other NC agencies do not recognize an international drivers license. You must be licensed by NC or one of the other 49 states to drive legally in NC. See below for more.
http://www.ncdot.gov/dmv/moving/
Thursday, December 26, 2013
Out of State Revocations do not count
www.kisslinglaw.com
Driving in NC with an out of state license that has been revoked will not lead to a driving while license revoked charge. See below for more.
http://nccriminallaw.sog.unc.edu/?p=4187
Tuesday, December 24, 2013
Merry Christma and DWIs
www.kisslinglaw.com
There will be a lot of DWI checkpoints set up in the next 10 days. Attached are some helpful hints on how to protect your rights during a stop in a checkpoint.
http://www.motorists.org/dui/traffic-stop
Monday, December 23, 2013
Who gets your fines
www.kisslinglaw.com
Under NC law, all fines issued on traffic citations go to the school boards. See below for more.
http://nccriminallaw.sog.unc.edu/?p=3954
Friday, December 20, 2013
Pulling over for Fire Truck
www.kisslinglaw.com
Do I have to pull over in my eastbound lane for a fire truck in the westbound lane with its siren activated?
Yes, you must immediately drive as near as possible to the right hand edge of the road, stop, and remain there until the fire truck has passed. See G.S. 20-157(a). This rule does not apply when an emergency vehicle is travelling in the opposite direction on a four-lane limited access highway with a median divider (such as Interstate 40).
http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-157
Thursday, December 19, 2013
General Inforation on Speeding Tickets in NC
www.kisslinglaw.com
Just some general information about speeding in NC.
http://nccriminallaw.sog.unc.edu/?p=292
Wednesday, December 18, 2013
Driving Barefoot
www.kisslinglaw.com
While it is not illegal to drive barefoot, if you are in an accident, you could be cited for reckless driving.
See below.
http://nccriminallaw.sog.unc.edu/?p=4440
Tuesday, December 17, 2013
New DWLR Law
www.kisslinglaw.com
New law distinguishes between your license being revoked for DWI and other revocations. See below for more.
http://nccriminallaw.sog.unc.edu/?p=4565
Monday, December 16, 2013
You Cannot be Impaired and Supervise an permitted driver.
www.kisslinglaw.com
Under NC Law, you cannot supervise a driver who only has a learner's permit if you are impaired.
See below for more.
http://nccriminallaw.sog.unc.edu/?p=4440
Friday, December 13, 2013
Checking Stations
www.kisslinglaw.com
Police must have a legitimate purpose to have a DWI checkpoint.
See below for more.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.3A.html
Wednesday, December 11, 2013
Handicapped Placards may only be used if the person it is issued to is in the vehcile
www.kisslinglaw.com
Handicapped placards are issued to the person, not the vehicle. As a result, you cannot use the placard if the person to whom it is issued is not in the vehicle. See below for more.
http://www.ncdot.gov/download/dmv/DMV_Brochure_Handicap_Placard_2010_05.pdf
Tuesday, December 10, 2013
Parking Tickets are not criminal matters
www.kisslinglaw.com
Parking tickets are civil matters and not criminal in nature so you are not afforded the same rights with regard to disputing them. See below for more.
http://nccriminallaw.sog.unc.edu/?p=1820
Monday, December 9, 2013
window tint
www.kisslinglaw.com
See below for window tint regulations in NC
http://www.ncdot.gov/download/dmv/inspection_windowtinting.pdf
Thursday, December 5, 2013
30 Day Revocation for Provisional License
www.kisslinglaw.com
Pursuant to NCGS 20-13.3, a person driving on a provisional license will lose their license for 30 days if they are charged with a criminal moving violation. For a list of what is considered a criminal moving violation, see the below link.
http://nccriminallaw.sog.unc.edu/?p=2978
Tuesday, December 3, 2013
Visual Estimate of Speed.
www.kisslinglaw.com
North Carolina allows a visual estimate of speed by a police officer without confirmation of speed with radar or other measuring device.
See the attached article for more.
http://nccriminallaw.sog.unc.edu/?p=3818
Monday, December 2, 2013
Worst city in NC to get a speeding ticket.
Worst cities for speeding tickets across the USA
Pack up the kids. Load the car. Brace yourself
(and your stomach) for Thanksgiving and all that comes with it:
togetherness, turkey and … tickets?
To help holiday travelers avoid speeding tickets,
the National Motorists Association (NMA) has prepared a list of the
worst speed trap cities across the country. Speed traps have
historically been those stretches of road known for lurking police
officers with a reputation for handing out high numbers of speeding
tickets.
The NMA, which describes itself as an advocacy
group for the "interests and rights of North American motorists,"
defines a speed trap as "any time the enforcement is focused on revenue
instead of enforcing safety," according to association spokesperson
Aaron Quinn. Predictably, law enforcement takes exception to that: "The
term speed trap simply isn't accurate because what we're doing is
preventative as we work in areas with a high frequency of traffic," said
Lieutenant Everette Clendenin, a public affairs officer for the North
Carolina State Highway Patrol. "We're not trapping anyone."
Located in Raleigh – the city taking top nod on
the NMA's list for speed traps in North Carolina – the N.C. Highway
Patrol warns that speed is the leading cause of traffic collisions and
fatalities nationwide. "We always, but specifically around the holidays,
advise drivers not to risk speeding because it's simply not worth it,"
Clendenin said. "Slow down and live."
With AAA estimating that 38.7 million people will
hit the road for at least 50 miles from home this Thanksgiving, drivers
may find themselves in unknown territory — and unknown traffic rules.
"People are traveling this time of year to parts of the country they are
not so familiar with so this list highlights areas where these traps
exist," Quinn said. "We just want drivers to make it to Thanksgiving
dinner without an undeserved ticket."
Following is the list of the cities by state
where the NMA says travelers are most likely to encounter law
enforcement with radar:
NORTH CAROLINA
Worst speed trap: Raleigh
Dishonorable Mention: Charlotte, Greensboro, Wilmington
Worst speed trap: Raleigh
Dishonorable Mention: Charlotte, Greensboro, Wilmington
http://usatoday30.usatoday.com/travel/news/2007-11-20-worst-speed-traps_n.htm
Wednesday, November 27, 2013
DWI Checkpoints
www.kisslinglaw.com
While DWI and License checkpoints are legal under North Carolina Law, they must be set up properly and have a specific purpose. See below for more.
http://sogpubs.unc.edu/electronicversions/pdfs/aojb1004.pdf
Tuesday, November 26, 2013
Can your car be Impounded for a traffic ticket
www.kisslinglaw.com
The Answer, surprisingly, YES, in certain situations. See below for more.
http://nccriminallaw.sog.unc.edu/
Monday, November 25, 2013
Court Costs, Fines and Insurance Rates
www.kisslinglaw.com
More on Court Costs, Fines and Insurance points from the NC school of Government.
http://nccriminallaw.sog.unc.edu/?p=3954
Friday, November 22, 2013
Unsafe Movement
www.kisslinglaw.com
Unsafe movement tickets cost more if a motorcycle is involved. See below for more.
http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_20/GS_20-154.pdf
Thursday, November 21, 2013
Waiver of court costs
www.kisslinglaw.com
Pursuant to NCGS 7A-304, a judge cannot waive court costs or fees without just cause. This is no longer I forgot to go to court or I do not have a job.
See below for more.
http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_7A/GS_7A-304.pdf
http://nccriminallaw.sog.unc.edu/?p=3950
Wednesday, November 20, 2013
Fleeing to Elude can cost you your car
www.kisslinglaw.com
Under North Carolina Law, Felony Fleeing to Edude arrest can result in forfeiture of your car.
See below for more.
http://statutes.laws.com/north-carolina/Chapter_20/GS_20-141_5
Tuesday, November 19, 2013
Improper Speedometer v. Improper Muffler
www.kisslinglaw.com
There is a big difference between a charge for Improper Speedometer and Improper Muffler. While neither put points, on your license or insurance, Improper Speedometer shows up on your driving record while Improper Muffler does not. Since the article below was written, most DAs will reduce tickets to Improper Speedometer rather than Improper Muffler.
http://www.wral.com/news/local/wral_investigates/story/8035678/
Monday, November 18, 2013
Electric Cars and Car Pool Lanes
www.kisslinglaw.com
If you can plug in your car like a toaster, then you can use the High Occupancy Vehicle Lane without having more than one person in the car.
Friday, November 15, 2013
Study on Texting while Driving
www.kisslinglaw.com
Interesting study on Texting while driving from www.alertdriver.com
Texting & Driving ─ A Complicated Epidemic, One Possible Solution
November 2013
| |
Pilot study on texting & driving receives wide-scale media attention.
| |
If you walk on a college campus today, especially if you haven’t been
there in a while, you will be astonished to see 80-90% of all students
plugged into their smartphone when walking between classes. Does this
obsession carry over to texting while driving?
A
small exploratory study recently received an inordinate amount of media
attention because it, quite simply, addressed college students’ motivations to text and drive.1, 2, 3
The authors surveyed 120 male and female college students on their texting habits, AND
their views on texting and driving. The study focused on the
personality traits of ‘impulsiveness’ and a ‘need to be connected’. On
average, the students sent 82 messages per day, with females sending
more and males sending fewer. The study surprise, however, according to
the authors: “While male respondents widely agree that texting while driving is dangerous they also believe that they are better at texting while driving than other drivers.”
| |
· “I consider myself to be a really good driver. But not just a really good driver, a really good texter and driver.” JB, male, 20, 10/17/13
· “I text and drive very regularly and am often distracted by other things going on rather than paying attention.” SK, 21, female, 11/04/13
| |
Women & the general public are not far behind when actual texting behaviors are studied.
| |
Despite the males’ cavalier attitude about the dangers of texting and
driving in the pilot study, both groups were equally likely to text
while driving - 4 out of 5. The females who were more impulsive about
texting were at the same time less likely to carry the obsession to the
driver’s seat. Females, in this limited study, recognized the dangers
of texting while driving more than males. (A larger national sample
study with 8085 teens found that nearly half of all U.S. high school
students of driving age texted while driving [TWD] during the 30 days
before the survey.) 4
Similar research by NHTSA reports that while many drivers see
distracted driving as risky, they do not recognize how their own driving
deteriorates when distracted. The report states that, despite laws
banning texting, 660,000 drivers in America are using cell phones or
manipulating electronic devices while driving at any given daylight moment.5 Over half of all drivers admit to texting sometimes, so young-adult males aren’t the only ones to hold the belief that texting is dangerous for others, but not for me.
| |
AlertDriver – No driver is immune from texting deterioration and ‘small stuff’ overconfidence leads to trouble.
| |
As with many problems that plague our roadways, another set of normative values overrides the immediate need to drive safely. We catch up by reading emails at stop lights. We speed a little to save time. We hurry and roll through stop signs when there are no other cars in the intersection. We glance down at our phones to answer ‘important’ calls.
AlertDriver
implants the notion that no driver is immune from the effects of
texting ─ a unique distraction because it takes the driver’s eyes and
mind off the road far longer than other simple distractions. AlertDriver
emphasizes that we are all vulnerable to becoming overconfident when we
do “small stuff” over and over without bad outcomes.
| |
AlertDriver uses peer-to-peer communications to introduce new norms about safe driving.
| |
The AlertDriver approach to introduce new norms is direct. During the
course, drivers of all ages chat openly about their driving experiences AND see other driver’s comments posted daily on the same topic, such as smartphone use. In short, our students look at their own behavior. Many, but not all, change.
· “I think the course was excellent, I enjoyed the discussion questions and the fact that we got to see feedback from others who have taken the course.” JW, 19, 11/06/13
· “After taking this course I will not talk or text on the phone again. Knowing that I could hurt someone else is a big responsibility.” JH, 25, 11/04/13
· “I have always lived under the rule of ‘do as I say but not as I do’
and to be honest it has worked so far. However after taking this class
and growing up a little over the last year I have begun to realize that
such a code is unacceptable. I have a duty to my family to improve how
they drive and help them to be safe on the road. I have begun by
simply mentioning the things I've learned in this course and telling
them the potential risks they take by talking on the phone while
driving, or even not putting a seat belt on until after the vehicle is in motion.” DW, 17, 07/30/13
| |
Open & honest communication about driving mistakes yields results.
| |
AlertDriver attempts to be non-judgmental. We
reiterate the notion that no driver is perfect, and lay the groundwork
for people to talk openly and honestly about their own mistakes on the
road. As even the most resistant student progresses through the
course, we witness an evolution of awareness about alert and safe
driving.
| |
References
1. Lantz, G. Loeb, S. (2013) An exploratory study of psychological tendencies related to texting while driving. International Journal of Sustainable Strategic Management, 4(1): 39
2. Morin, Monte (October 11, 2013) Males downplay risk of texting and driving, study says. Los Angeles Times, Science.
4. Olsen
E.O., Shults, R.A., & Eaton, D.K. (2013) Texting while driving and
other risky motor vehicle behaviors among US high school students. Pediatrics, 131 (6), e1707 – e1715
| |
AlertDriver is the only course in the U.S. with dynamic online safety discussions.
| |
Alert driver’s motto is “Fine Tune Your Attention – Save Lives.”
Alert Driver has been working in the North Carolina court system for a
decade. We have proven effectiveness with drivers of all ages.
An AlertDriver goal is to change normative attitudes about attentive driving, and it seems to be working. See our white papers at AlertDriver.com.
Our material is relevant and timely; we post reflective chat on 12 safety-related questions DAILY,
keeping the material fresh. The chat questions are used by some
families and friends as the basis for ongoing safety discussions.
Alert Driver
is not typical driver education. It focuses on the causes of motor
vehicle crashes and how to prevent them, not on rules and regulations.
If you would like a free demonstration of our program, please provide your name and email address to devon@alertdriver.com or call 919 408-0745.
| |
Tuesday, November 12, 2013
Right Turn on Red
www.kisslinglaw.com
You are allowed to turn right on a red light after coming to a complete stop if it is not prohibited by signage at that location. In North Carolina, you can never turn left at a red light, even if you are traveling from one one way street to another one way street.
See below for more.
http://www.ncdot.gov/travel/roadrules/
Monday, November 11, 2013
NC law does not require a child to be 12 to ride in the front seat
www.kisslinglaw.com
NC law only requires a child not to be in a rear facing car seat to sit in the front seat of a car. However, it is recommended that the child be at least 12 years old. See below for more.
http://www.buckleupnc.org/occupant-restraint-laws/child-passenger-safety-law-faqs/
Friday, November 8, 2013
License Suspension for 8 rather than 12 points
www.kisslinglaw.com
If you have had your license suspended for too many points and then reinstated, the DMV may revoke your license if you receive 8 points over a 3 year period rather than the normal 12 points. See below for more.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.html
Thursday, November 7, 2013
Do you have to stop for a school bus at a 4 way stop
www.kisslinglaw.com
Do you have to stop for a stopped school but at a 4 way stop if you are traveling perpendicular to the travel of the bus. Under North Carolina law, you do not. However, it may be a better practice to do so to avoid a needless ticket.
Wednesday, November 6, 2013
No Operators License
www.kisslinglaw.com
A conviction for No Operators License is a moving violation. If you get a Driving While License Revoked charge reduced to No Operators License, you must a get a Prayer for Judgment to keep your license active.
See below for more.
http://www.nclamp.gov/2008%20CLE/Traffic%20Laws.pdf
Tuesday, November 5, 2013
Underage Drinking can suspended your license
www.kisslinglaw.com
You can lose your license for drinking if you are under the age of 21 even if you are not driving.
See below for more information.
http://www.absoluteadvocacy.org/no-exceptions-nc-underage-drinkinkg-laws/
Monday, November 4, 2013
Pedestrians must abide by crosswalk laws.
www.kisslinglaw.com
While drivers must stop for pedestrians, pedestrians must also follow the law when they cross a street.
See below for more.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-174.html
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