Friday, August 30, 2013

Littering While Driving



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A conviction for littering while driving can result in 1 driving point.
see link to a list of all offenses and driving points associated with each offense.
http://www.insightsinrecovery.com/nc_dl_points.html

Thursday, August 29, 2013

How to Obtain a Commercial Driviers License in NC



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You cannot drive a commercial vehicle without a commercial drivers license.
See below on how to obtain a commercial drivers license in NC

http://www.wikihow.com/Get-a-CDL-License-in-North-Carolina

Wednesday, August 28, 2013

Passing a school bus in NC



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School is back in session.  Watch out for school busses picking up and dropping off students.


Rules on when you can and cannot pass a school bus.

http://www.ncbussafety.org/schoolbussafety/sbswlaw.html

Tuesday, August 27, 2013

Limited Driving Privileges for Revoked License



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In many instances you can get a limited driving privilege if your license is revoked.  See the site below of a list of suspension for which you can get a limited privilege.

http://statutes.laws.com/north-carolina/Chapter_20/GS_20-20_1

Monday, August 26, 2013

Driver responsible of all underage seatbelts



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The driver of the vehicle is responsible for the wearing of seat belts by all persons under the age of 16.

http://www.buckleupnc.org/laws_belts.cfm

Friday, August 23, 2013

North Carolina Graduated License



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In North Carolina, a person between the ages of 15 and 18 can get a graduated license which over time will results in their full drivers license. 

The attached information shows the process and limitations for each step.
http://www.ncdot.gov/dmv/driver/license/first/

Thursday, August 22, 2013

Do not pay off that out of state ticket



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In most cases, you do not want to pay off an out of state ticket.  For North Carolina drivers, an out of state ticket for driving more than 15 mph over the speed limit or more than 80 MPH will cause you license to be suspended in NC.  You should always check with an attorney in your licensing state before you resolve an out of state ticket.

Wednesday, August 21, 2013

Court Costs



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The below link shows the current court costs for North Carolina.  Pursuant to NC law, a judge cannot waive the court costs unless he shows in writing there is just cause.

http://www.nccourts.org/Courts/Trial/Documents/court_costs_chart-1Aug2013-criminal.pdf

Monday, August 19, 2013

Friday, August 16, 2013

You should rarely pay a traffic ticket without going to court for a reduction




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While there are some NC traffic tickets you can just pay off, it is not normally a good idea. You should at a minimum, contact an attorney for a free consultation. In most cases, if the attorney cannot get you a better result, they will then tell you to pay off the ticket without a court appearance.
If you should just pay the ticket, see below for advise as to how to do it.
http://www.nccourts.org/Support/FAQs/FAQs.asp?Type=17&language=1

Wednesday, August 14, 2013

Hitting parked car



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What do do when you hit a parked car in a parking lot.

http://nccriminallaw.sog.unc.edu/?p=1841

Monday, August 12, 2013

Out of State Drivers with NC ticket







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If you are licensed in a state other than NC, and you receive a ticket in NC, you will need to check with your local DMV to see how the ticket will affect your driving record and insurance as each state has different rules for out of state tickets.


Thursday, August 8, 2013

Street Racing



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There is a big difference between prearranged racing and willful racing.  See the following article.
http://www.nasdaq.com/article/streetracing-ticket-what-to-expect-cm173802

Wednesday, August 7, 2013

Motorcycle and bike helmet laws



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North Carolina requires all riders of motorcycles to wear a helmet.  Attached is a breakdown of all motorcycle and bike helmet laws for every state.

http://www.iihs.org/laws/helmetusecurrent.aspx

Tuesday, August 6, 2013

How to obtain a NC motorcycle license



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North Carolina requires a separate motorcycle license.  Here is more information on how to obtain a NC motorcycle license.

http://voices.yahoo.com/how-nc-motorcycle-license-7243840.html

Friday, August 2, 2013

No Operators License



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A no operators license charge can cause many difficulties.  In addition to being a class 2 misdemeanor, it carries 3 driving points and one insurance point.  A couple of these can result in a suspension.  It is important to make sure you do not plead to a NOL during a time of revocation or you can be suspended for an additional year.

For more on this go to http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-7

Thursday, August 1, 2013

Motion for Appropriate Relief



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In the North Carolina court system, a post-conviction challenge to a conviction or sentence, whether after a jury trial or a guilty plea, involves filing a motion for appropriate relief, often called an MAR. This type of litigation is simply what its name implies: a request for whatever relief a defendant seeks, whether a dismissal of all charges, a new trial, or a new sentencing hearing. 

With regard to traffic matters, this is mostly used to get or remove a Prayer for Judgment or to reopen a case when a there is insurance impact due to the mishandling of a matter.