Wednesday, July 31, 2013
Civil Revocation for drivers with provisional licenses
www.kisslinglaw.com
There are many ways a driver with a provisional license can receive a 30 day civil revocation of their license. The most common are reckless driving and speeding more than 15 mph over the limit when the speed limit is 70 mph. See the attached article for a full list of offenses that can take away your provisional license.
http://www.sog.unc.edu/sites/www.sog.unc.edu/files/Civil%20License%20Revocations%20for%20Provisional%20Licensees.%20Questions%20and%20Answers.%2010.17.11.pdf
Tuesday, July 30, 2013
Ticket Quotas
www.kisslinglaw.com
Ticket quotas are not illegal in NC, only the use of them to evaluate an officer's performance. See more at: http://nccriminallaw.sog.unc.edu/?p=2999
Monday, July 29, 2013
Speeding and Reckless can get your license suspended.
www.kisslinglaw.com
A conviction for speeding over 55 MPH and Reckless driving within a 12 month period can result in a license suspension of up to 60 days. The charges do not have to be on the same ticket or within the same calendar year as long as they are within 12 months.
(a) 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:
(9) Has, within a period of 12 months, been convicted of (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.
Friday, July 26, 2013
Do not just pay off that out of state ticket
www.kisslinglaw.com
Under NC law, the DMV may suspend your license for an out of state ticket, if that ticket would cause a suspension if received in NC. So that 83 in a 63 ticket you receive in VA that you can just pay off under VA law, will cause your license in NC to be suspended.
§ 20-16. Authority of Division to suspend license. (a) 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:
(7) Has committed an offense in another state, which if committed in this State would be grounds for suspension or revocation;
Thursday, July 25, 2013
Revoked license for 2 tickets over 55 mph in 12 months
www.kisslinglaw.com
§ 20-16. Authority of Division to suspend license.
(a) 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:
(9) 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;
Wednesday, July 24, 2013
www.kisslinglaw.com
Your license can be suspended if you are the owner or operator of a motor vehicle involved in an accident where the injured party received a civil judgment that is not paid.
http://law.onecle.com/north-carolina/20-motor-vehicles/20-279.5.html
Tuesday, July 23, 2013
Revocation for Failure to Comply with Child Support
www.kisslinglaw.com
Your license can be revoked for failing to pay child support.
http://statutes.laws.com/north-carolina/Chapter_93B/GS_93B-13
Friday, July 19, 2013
Thursday, July 18, 2013
Hit and Run
www.kisslinglaw.com
In NC you have several duties when involved in an accident.
In North Carolina, when you are involved in an accident there are certain actions you must take. If you fail to follow through with those actions, you may be charged with hit and run if you leave the scene of an accident without proper notification or other actions, depending on the seriousness of the accident.
When you are in an accident, adrenaline can be high. It is difficult to make good decisions when you are under this kind of stress. We know that perhaps you made a mistake when you left the scene of the accident, or perhaps you didn’t even realize you had been involved in an accident.
Our attorneys have successfully defended all types of misdemeanor and felony charges in the North Carolina Criminal Courts. We know the courtroom players and have gained the respect of many within the system.
Having handled hit and run cases before, we have probably handled on very similar to yours. However, all cases are different and we are interested in the particulars of your case. We want to understand how the accident happened and hear your side of the story. Only then will be be able to advise you on your best course of action in your legal situation.
And we offer our advice in a free legal consultation. There’s no obligation, so feel free to contact us.
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.
Wednesday, July 17, 2013
How your old tickets catch up with you.
www.kisslinglaw.com
NCAWARE lets law enforcement search all old warrants state wide.
http://www.cjin.nc.gov/infoSharing/courts.aspx
Tuesday, July 16, 2013
Failure to Report Accident
www.kisslinglaw.com
What to do when you hit a car in a parking lot.
http://nccriminallaw.sog.unc.edu/?p=1841
Monday, July 15, 2013
Failure to yeald to emergency vehicle
www.kisslinglaw.com
Failure to Yield to an Emergency Vehicle in Raleigh
Fighting a Raleigh Traffic Ticket
Under North Carolina traffic laws, emergency vehicles are always ensured the right of way, and failure to yield can cost you fines and points on your license. Vehicles granted this privilege include police cars, fire engines and ambulances , when their sirens and lights are activated. Drivers are required to move to the curb at the right-hand side of the road and come to a complete stop, remaining there until after the vehicle has passed. Emergency vehicles that have stopped to investigate an accident or render assistance are protected by a 100 foot radius, and stopping your car within that area is a ticketable offense. It is also illegal to park or drive closer than one city block from a fire truck that is engaged in fighting a fire. Under certain circumstances, you can be given a traffic ticket for passing too close to a law enforcement vehicle on the side of the road or for or passing at unsafe speeds.Defeating a traffic ticket for failure to yield to an emergency vehicle is possible in most cases, and your chances of a successful outcome will be greatly improved if you work with an aggressive Raleigh traffic ticket lawyer. The cost of your ticket will depend on the specific circumstances of the alleged infraction, but most people have to pay several hundred dollars. Your
Friday, July 12, 2013
www.kisslinglaw.com
Key North Carolina traffic laws
http://www.ghsa.org/html/stateinfo/bystate/nc.html
Thursday, July 11, 2013
Commercial Drivers License Points
www.kisslinglaw.com
Location: North Carolina
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DMV Point System in North Carolina
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The North Carolina Point System
What is the North Carolina point system? If you are convicted of certain motor vehicle violations, you get points added against your driving record. Our state has a fairly complicated system, as compared with other states. A list of infractions and their corresponding points is below.Understand that point accumulation leads to penalties like license suspension. For example, when you get 12 points within a three-year period, you could have your license suspended. Once it's reinstated, accumulating eight points in the next three-year period will result in another suspension. Your first suspension could last up to 60 days, the second up to six months, and a third suspension could last up to 12 months.
Once your privileges are returned, the points are voided.
Driver Improvement Clinic
Fortunately, the system is designed to help you become a better driver, and you can even have points reduced. When you accumulate seven points on your license, for example, you might have to take a Driver Improvement Clinic, which costs $50. Once you complete the course, you will have three points taken off your record.Insurance Consequences
Insurance companies use a different point system altogether. If you are convicted of any of these violations, or you have questions about insurance rates, you may want to contact your insurance agent.Points Examples
Below are a few common examples of point assignments for regular licenses.
North
Carolina Point System: Regular Licenses
- Littering involving a motor vehicle―1
- Failure to stop for siren―3
- No liability insurance―3
- Running through stop sign―3
- Speeding more than 55 mph―3
- Failure to yield right-of-way to pedestrian pursuant to GS 20-158(b)(2)b―4
- Reckless driving―4
- Hit and run, property damage only―4
- Passing a stopped school bus loading or unloading children―5
- Aggressive driving―5
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
Wednesday, July 10, 2013
Driving School
www.kisslinglaw.com
If you have accumulated 7 or more points on your driving record, the Division of Motor Vehicles (DMV) will notify you and require you to complete a traffic safety course to reduce as many as 3 of those points.
If you have not received this notice and have received a traffic ticket, you may contact your court to ask permission to dismiss your ticket or points with one of these courses. Generally, you will be eligible if:
- You hold a valid non-commercial North Carolina driver's license
- Your citation is non-alcohol-related
- You have not taken a traffic safety course within the past 5 years
- You are between the ages of 15 and 21 (WAKE COUNTY ONLY)
Tuesday, July 9, 2013
www.kisslinglaw.com
Good review of the current seatbelt law.
http://www.buckleupnc.org/laws_belts.cfm
Court costs and fine on a seatbelt is $161.00. It will not go on your driving record or insurance. However, a child seatbelt charge will go on your driving record with points.
Monday, July 8, 2013
www.kisslinglaw.com
Year Round School started up today in Wake County. Now is a good time to review how speeding in a school zone can affect your insurance.
North Carolina General Statute 58-36-75 describes certain insurance waiver provisions under the Safe Driver Incentive Plan. That statute provides that a first conviction within a three year period for speeding 10 mph or less above the posted speed limit will not create any grounds for an increase in insurance premium points. (This waiver does not apply for speeding offenses that occur within a school zone.) This section of the law also provides that under certain circumstances where the driver has had an accident within the previous three year period, the 10 mile or less above the limit waiver does not qualify for the insurance premium enhancement point waiver.
Friday, July 5, 2013
North Carolina Graduated License
www.kisslinglaw.com
Breakdown of North Carolina Graduated License for Teens.
http://www.hsrc.unc.edu/safety_info/young_drivers/gdl_overview.cfm
Wednesday, July 3, 2013
Mandatory Court Appearance Can Be Waived.
www.kisslinglaw.com
Mandatory Court Appearances can be waived and your attorney can appear without you in certain cases. See the below link for a list of cases where you cannot waive your appearance.
http://www.nccourts.org/forms/Documents/1135.pdf
Tuesday, July 2, 2013
Driving with No Insurance
www.kisslinglaw.com
Severe penalties for driving with no insurance in NC. Take a look at this article.
http://www.ehow.com/info_7780740_penalty-proof-insurance-north-carolina.html
Monday, July 1, 2013
Driving While Texting
www.kisslinglaw.com
More info on Texting while Driving. Texting while driving does not carry any points in NC on either your insurance or driving record. It does carry a $100 fine plus court costs.
http://www.drivinglaws.org/ncarolina.php
Driving While License Revoked
www.kisslinglaw.com
Great review of texting and cell phone use while driving.
Texting wile driving carries no driving points or insurance points.
http://www.drivinglaws.org/ncarolina.php
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