Wednesday, July 31, 2013

Civil Revocation for drivers with provisional licenses

DL Limited Provisional

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

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;

 
 



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.

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 insurance rates will also be increased in proportion to the number of points attached to this traffic offense in the points system.

Thursday, July 11, 2013

Commercial Drivers License Points



www.kisslinglaw.com



  • DMV Point System in North Carolina

    Compare Insurance Rates in 3 Easy Steps

    1. Start Your Quote:

    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)
    http://www.idrivesafely.com

    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.