Friday, June 28, 2013
www.kisslinglaw.com
Just a few things that can cause you to lose your license. Most drivers are not aware that you can lose your license for getting two tickets where the speed is over 55 in a 12 month period.
North Carolina General Statutes § 20-16 Authority of Division to suspend license.
The Division shall have authority to suspend the license of any operator with or without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee:
Has, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour;
(10) Has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour;
(10a) Has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour
Thursday, June 27, 2013
www.kisslinglaw.com
Great discussion on penalties for prearranged speed competition.
http://www.carinsurance.com/kb/content41770.aspx
Wednesday, June 26, 2013
www.kisslinglaw.com
North Carolina Right to Drive
Privilege to Drive—North Carolina recognizes no “right to drive,” and instead has
developed a strict “privilege to drive” approach to violations of its motor vehicle laws
that can be unforgiving.
A. North Carolina Licenses
1. A person must hold a valid license by the North Carolina
Department of Motor Vehicles (NCDMV), and must be in possession of that license, in
order to lawfully operate a motor vehicle in this state. NCGS § 20—7.
2. New Residents—with licenses issued by another jurisdiction, must
obtain a license from the NCDMV within 60 days after becoming a resident.
3. Motorcycles—require a valid license and a motorcycle
endorsement or a motorcycle learner’s permit.
4. Exemptions—NCGS § 20—8
(a). Any person operating a motor vehicle that is the property of
and in the service of the armed forces of the United States;
(b). Any person driving farm machinery on a highway; or
(c). A nonresident who is at least 16 years old who has in his
immediate possession a valid driver’s license issued to him by his home state or country.
5. Issuance of Limited Learner’s Permits, Limited Provisional
Driver’s Licenses, and Provisional Driver’s Licenses—see NCGS § 20—11 for the
details and restrictions of this three-phase licensing scheme for drivers under 18 years of
age.
Tuesday, June 25, 2013
www.kisslinglaw.com
North Carolina now allows for a limited driving privilege when you are revoked for non
DWI offense. A limited privilege can even be obtained when your are permanently revoked.
http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_20/GS_20-20.1.pdf
Monday, June 24, 2013
www.kisslinglaw.com
North Carolina rule on failure to pay court costs and fine resulting in suspension of license.
http://law.onecle.com/north-carolina/106-agriculture/106-168.13.html
Friday, June 21, 2013
www.kisslinglaw.com
Great article on traffic tickets in general.
http://www.dmv.com/nc/north-carolina/traffic-tickets
Great article on traffic tickets in general.
http://www.dmv.com/nc/north-carolina/traffic-tickets
Wednesday, June 19, 2013
www.kisslinglaw.com
Great paper on insurance points.
http://www.ncdoi.com/_Publications/It%20Pays%20to%20Be%20a%20Safe%20Driver%20Insurance%20Points_CAU1.pdf
Tuesday, June 18, 2013
www.kisslinglaw.com
Commercial Drivers
Commercial drivers, take note: When operating a commercial motor vehicle, if you are convicted for any violation for which points may be assigned, your fines or penalties can be doubled.
North Carolina CDL Point Assignments
- Possessing alcoholic beverage in the passenger area of a commercial motor vehicle―4
- Speeding through a school zone―4
- Failure to report accident where such report is required―4
- Failure to stop for siren―4
- Reckless driving―5
- Driving on wrong side of road―5
- Following too closely―5
- Illegal passing―5
- Passing a stopped school bus loading or unloading children―8
- Aggressive driving―6
Monday, June 17, 2013
www.kisslinglaw.com
Penalties for Drivers Younger Than 18
Driver's younger than 18 face closer scrutiny. You can also lose your driving privileges if:- Suspended from school for more than 10 consecutive days
- You don't have either a high school diploma or a Driving Eligibility Certificate
Friday, June 14, 2013
www.kisslinglaw.com
North Carolina Hit and Run – Duty to Stop Laws
North Carolina law requires that you stop after being involved in any accident. When you stop you are required to provide the other driver or pedestrian with “reasonable” assistance if they are injured and give information such as your name, phone number, and insurance company to any other driver of another car involved in the accident.
Misdemeanor vs. Felony Hit and Run Penalties
If you fail to fulfill your duty to stop, you may be charged with hit and run. The category of this offense and the potential sentence depend on the severity of the accident.If the accident only results in property damage and/or minimal injury, you are facing Class 1 misdemeanor charges. Misdemeanor hit and run for leaving the scene of an accident with property damage or minor injury carries a potential sentence of up to one year in jail as well as fines.
If the accident results in death or a serious injury, Class H felony charges may be filed. Felony hit and run carries a potential sentence of up to 8 months for a first time offender. This means if you have no criminal history, 8 months is the most time you will be sentenced to. If, however, you have prior convictions on your record, this sentence can be increased substantially.
Depending on your record, you may be eligible for probation rather than prison time.
Thursday, June 13, 2013
www.kisslinglaw.com
Penalties for trying to out run a police officer in North Carolina
http://nccriminallaw.sog.unc.edu/?p=903
Wednesday, June 12, 2013
www.kisslinglaw.com
http://www.avvo.com/legal-guides/ugc/you-missed-your-court-date-now-what-nc
You realize you have missed a court date in District Court. You begin to panic. You don't know what to do. If you are diligent, you can fix this quickly. If you are not, you may be arrested! This guide is written based on Wake County, NC rules. Rules in your area may vary.
1
Missing the Date
You have missed your court date in District Court. The judge will enter in a Called and Failed. This means, as it says, you have failed to appear in court on your scheduled day.2
Motion for a New Court Date
You may ask the court for a new court date within 20 days of your original date. This is done by filling out a form in the Clerk of Court's office. You state your original court date, your offense, and why you missed that date. If it is a good reason, a judge will grant a new date and you will be notified by mail.3
VL Status
If your case is "old," it may going into what is VL status. In this circumstance, you appear in VL Court on a weekday which is designated for defendant walk-ins. (Some dates are attorney only). You must plead guilty or in some other way have your case disposed of that day (plea bargain, prayer for judgment, pay fine). Do not expect a trial. Once your case is disposed of, any arrest warrants will be struck.Tuesday, June 11, 2013
www.kisslinglaw.com
Great review of Move over Law
http://www.charlotteobserver.com/2012/10/01/3570059/ncs-move-over-law-broadens.html
Monday, June 10, 2013
www.kisslinglaw.com
When you can and cannot pass a school bus.
http://www.ncbussafety.org/schoolbussafety/sbswlaw.html
Remember there are a lot of year round school that are still in session.
Thursday, June 6, 2013
www.kisslinglaw.com
Understanding the Driving While License Revoked Charge
http://attorneylawyer.pr-8.com/criminal-law/23904-north-carolina-traffic-law-understanding-the-driving-while-license-revoked-charge.html
Wednesday, June 5, 2013
www.kisslinglaw.com
Proposed changes to DWI legal limit in NC
http://www.newsobserver.com/2013/05/20/2906205/road-worrier-if-you-blow-an-oh.html
Tuesday, June 4, 2013
IMPROPER EQIUIPMENT NC
Article on Improper Equipment in North Carolina
http://www.newsobserver.com/2007/05/15/53063/cops-write-tickets-speeders-get.html
www.kisslinglaw.com
Article on Improper Equipment in North Carolina
http://www.newsobserver.com/2007/05/15/53063/cops-write-tickets-speeders-get.html
www.kisslinglaw.com
Monday, June 3, 2013
www.kisslinglaw.com
Great paper on Driving While License Revoked in NC
http://www.martindale.com/criminal-law/article_Matheson-Law-Office-PLLC_1611280.htm
Subscribe to:
Posts (Atom)