Wednesday, January 29, 2014

Can an officer stop me outside his jurisdiction?

What exactly is an officer's jurisdiction.  Can a city police officer stop me in the county?  See below for a description of each type of officer's jurisdiction.

Tuesday, January 28, 2014

Anonymous Tips Regarding Reckless Driving

The Supreme Court heard oral arguments this week in Navarette v. California, a case that asks whether an anonymous tip regarding reckless driving provides a sufficient basis for an officer to conduct a traffic stop.

See below for more.

Monday, January 27, 2014

Texting While Driving

A client was charged with Texting While Driving.  He was looking at the weather report on his phone.  Was it in violation of the law?  I would say no.  Under GS20-137, you must be typing in multiple letters or sending at text or reading an e-mail or a text.  Looking at a web site is not a violation.  See below for more.

Friday, January 24, 2014

More on Stopping a Stopped School Bus

Passing a stopped school bus in violation of G.S. 20-217(a) is a Class 1 misdemeanor, which may not be disposed of by entry of a prayer for judgment continued. G.S. 20-217(e). Court appearance is mandatory for such charges; they are not the sort that may be paid and resolved by mail. Five driver’s license points are assigned to such a conviction if the driver was operating a noncommercial motor vehicle, eight if the person was driving a commercial motor vehicle. G.S. 20-16. Four insurance points apply, translating to an 80 percent increase in insurance rates.

See below for more information including mandatory suspension of your driving privilege.

Thursday, January 23, 2014

Wednesday, January 22, 2014

Can you read your e-mal with Google Glass while driving?

Can you read your e-mal with Google Glass while driving?  The answer in NC is yes and no.  Under the Texting While Driving statute, you can since that statute specifically deals with the use of a telephone.  However, it could be considered Reckless Driving or Distracted Driving.  See below for more.

Tuesday, January 21, 2014

Can a Judge Force a Prayer For Judgment on you?
Can a Judge force you to take a Prayer for Judgment even if you do not want one?  The short answer is yes.  As long as there are no conditions put on you.  See below for more.

Friday, January 17, 2014

Can a Fire Truck Pull You Over for a Traffic Violation

It is a violation of your constitutional rights if a fire truck or other non police government vehicle pulls you over for a traffic violation.  See below for more.

Thursday, January 16, 2014

Cost of a DWI

Here is a great breakdown of the overall cost of a DWI.  It is actually higher since you will be hard pressed to find an attorney who will take your case for less than $1,500.

Tuesday, January 14, 2014

Credit Card Payment for Fines and Court Costs

The NC courts system does not currently accept payment with credit cards at the courthouse.  You can pay through NCEZpay but that does not allow you to go to court and get your ticket reduced.  The NC Court System is now testing a pilot program in 4 counties where they are accepting payment at the court house for court costs and fines with credit cards.  There is a $1.00 fee plus a 2% fee of the total amount charged.  They are not sure when this program will be expanded to the entire court system.

Monday, January 13, 2014

Parking in a Fire Lane

You cannot park in a fire lane unless it is in a mall or shopping area and you are actively loading the vehicle.  You cannot park and then run into the store for a minute, even if there is someone in the vehicle.

See below for more.

Thursday, January 9, 2014

Aiding and Abetting DWI

Although this charge is typically dismissed when the DWI case is concluded, that is not always the case.  See below for the law and how to avoid the charge when your friends drive your car while impaired.

Wednesday, January 8, 2014

Do not be a litterbug

Littering from your car can result in a fine between $100 and $200 and a judge can order you to pick up trash for up to 12 hours.  This does not included biodegradable items such as throwing an apple core or banana peel out your window.
See below for more.

Tuesday, January 7, 2014

Under 18 driving and talking on cellphone

If you are under 18, you cannot talk on a cell phone while driving except for emergencies or to talk to your parents or spouse.  However, there are no points associated with this offense.  For more, see the attached link.

Monday, January 6, 2014

Headlight Law


Motorists are required to use their headlights from sunset to sunrise and when light conditions restrict visibility to 400 feet or less. Motorists are also required to use headlights while operating windshield wipers during inclement weather.  In addition, you must have your headlights on when you are using your windshield wipers.  For more, go to

Friday, January 3, 2014

Automobile Safety Inspections

Under NC Law, your care must pass a safety inspection each year before it can be registered.  However, many studies show that there is no reason for this to be done except to put money in the pocket of your local repair shop.  See below for more.

Thursday, January 2, 2014