Tuesday, December 31, 2013

Out of State Traffic Tickets


www.kisslinglaw.com

As so many are traveling this time of year, it is a good time to remind everyone how the NC DMV puts out of state traffic tickets on your NC driving record.  Out of state tickets will go on your record, but they do not have any points associated with them.  However, if the out of state conviction would result in a revocation if the ticket was received in NC, the DMV will issue a revocation.  In addition, your insurance company can look at the ticket for insurance purposes.  As a result, you should treat that out of state ticket as if you received it in NC.


Monday, December 30, 2013

International Drivers Licenses' are not Valid in NC


www.kisslinglaw.com

North Carolina DMV and other NC agencies do not recognize an international drivers license.  You must be licensed by NC or one of the other 49 states to drive legally in NC.  See below for more.

http://www.ncdot.gov/dmv/moving/

Thursday, December 26, 2013

Out of State Revocations do not count


www.kisslinglaw.com

Driving in NC with an out of state license that has been revoked will not lead to a driving while license revoked charge.  See below for more.
http://nccriminallaw.sog.unc.edu/?p=4187

Tuesday, December 24, 2013

Merry Christma and DWIs


www.kisslinglaw.com

There will be a lot of DWI checkpoints set up in the next 10 days.  Attached are some helpful hints on how to protect your rights during a stop in a checkpoint.

http://www.motorists.org/dui/traffic-stop

Friday, December 20, 2013

Pulling over for Fire Truck


www.kisslinglaw.com

Do I have to pull over in my eastbound lane for a fire truck in the westbound lane with its siren activated?
Yes, you must immediately drive as near as possible to the right hand edge of the road, stop, and remain there until the fire truck has passed. See G.S. 20-157(a). This rule does not apply when an emergency vehicle is travelling in the opposite direction on a four-lane limited access highway with a median divider (such as Interstate 40).

http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-157

Wednesday, December 18, 2013

Tuesday, December 17, 2013

Friday, December 13, 2013

Checking Stations


www.kisslinglaw.com

Police must have a legitimate purpose to have a DWI checkpoint.
See below for more.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.3A.html

Wednesday, December 11, 2013

Handicapped Placards may only be used if the person it is issued to is in the vehcile



www.kisslinglaw.com

Handicapped placards are issued to the person, not the vehicle.  As a result, you cannot use the placard if the person to whom it is issued is not in the vehicle.  See below for more.
http://www.ncdot.gov/download/dmv/DMV_Brochure_Handicap_Placard_2010_05.pdf

Tuesday, December 10, 2013

Parking Tickets are not criminal matters



www.kisslinglaw.com

Parking tickets are civil matters and not criminal in nature so you are not afforded the same rights with regard to disputing them.  See below for more.
http://nccriminallaw.sog.unc.edu/?p=1820

Thursday, December 5, 2013

30 Day Revocation for Provisional License



www.kisslinglaw.com
Pursuant to NCGS 20-13.3, a person driving on a provisional license will lose their license for 30 days if they are charged with a criminal moving violation.  For a list of what is considered a criminal moving violation, see the below link.
http://nccriminallaw.sog.unc.edu/?p=2978

Tuesday, December 3, 2013

Visual Estimate of Speed.


www.kisslinglaw.com

North Carolina allows a visual estimate of speed by a police officer without confirmation of speed with radar or other measuring device.
See the attached article for more.
http://nccriminallaw.sog.unc.edu/?p=3818


Monday, December 2, 2013

Worst city in NC to get a speeding ticket.

Worst cities for speeding tickets across the USA


The National Motorists Association has prepared a list of the cities where highway drivers are most likely to encounter aggressive speeding enforcement.




Pack up the kids. Load the car. Brace yourself (and your stomach) for Thanksgiving and all that comes with it: togetherness, turkey and … tickets?
To help holiday travelers avoid speeding tickets, the National Motorists Association (NMA) has prepared a list of the worst speed trap cities across the country. Speed traps have historically been those stretches of road known for lurking police officers with a reputation for handing out high numbers of speeding tickets.
The NMA, which describes itself as an advocacy group for the "interests and rights of North American motorists," defines a speed trap as "any time the enforcement is focused on revenue instead of enforcing safety," according to association spokesperson Aaron Quinn. Predictably, law enforcement takes exception to that: "The term speed trap simply isn't accurate because what we're doing is preventative as we work in areas with a high frequency of traffic," said Lieutenant Everette Clendenin, a public affairs officer for the North Carolina State Highway Patrol. "We're not trapping anyone."
Located in Raleigh – the city taking top nod on the NMA's list for speed traps in North Carolina – the N.C. Highway Patrol warns that speed is the leading cause of traffic collisions and fatalities nationwide. "We always, but specifically around the holidays, advise drivers not to risk speeding because it's simply not worth it," Clendenin said. "Slow down and live."
With AAA estimating that 38.7 million people will hit the road for at least 50 miles from home this Thanksgiving, drivers may find themselves in unknown territory — and unknown traffic rules. "People are traveling this time of year to parts of the country they are not so familiar with so this list highlights areas where these traps exist," Quinn said. "We just want drivers to make it to Thanksgiving dinner without an undeserved ticket."
Following is the list of the cities by state where the NMA says travelers are most likely to encounter law enforcement with radar: 

NORTH CAROLINA
Worst speed trap: Raleigh
Dishonorable Mention: Charlotte, Greensboro, Wilmington

http://usatoday30.usatoday.com/travel/news/2007-11-20-worst-speed-traps_n.htm