Friday, June 28, 2013

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

Wednesday, June 26, 2013

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


Tuesday, June 18, 2013

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

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

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, June 12, 2013

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.


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.


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.


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.