Child Seat Belt Law NC

www.kisslinglaw.com

Under GS 20-137.1, a child under 8 or 80 pounds must be in an appropriate safety seat or booster seat.  See the statute below.  Subsection C states that the charges shall be dismissed  if he produces at the time of his trial proof satisfactory to the court that he has subsequently acquired an approved child passenger restraint system for a vehicle in which the child is normally transported.
This only requires proof of ownership, not proof of installation.  Several counties in NC are now requiring offenders to take a class and receive certification of correct installation as "satisfactory proof"  Guess what, there is a charge for the class.  This seems to be another case of over reaching prosecutors and attempt to get more money from those charged with tickets.

§ 20-137.1.  Child restraint systems required.

(a)        Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.

(a1)      A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

(b)        The provisions of this section shall not apply: (i) to ambulances or other emergency vehicles; (ii) if all seating positions equipped with child passenger restraint systems or seat belts are occupied; or (iii) to vehicles which are not required by federal law or regulation to be equipped with seat belts.

(c)        Any driver found responsible for a violation of this section may be punished by a penalty not to exceed twenty-five dollars ($25.00), even when more than one child less than 16 years of age was not properly secured in a restraint system. No driver charged under this section for failure to have a child under eight years of age properly secured in a restraint system shall be convicted if he produces at the time of his trial proof satisfactory to the court that he has subsequently acquired an approved child passenger restraint system for a vehicle in which the child is normally transported.

(d)       A violation of this section shall have all of the following consequences:

(1)        Two drivers license points shall be assessed pursuant to G.S. 20-16.

(2)        No insurance points shall be assessed.

(3)        The violation shall not constitute negligence per se or contributory negligence per se.

(4)        The violation shall not be evidence of negligence or contributory negligence. (1981, c. 804, ss. 1, 4, 5; 1985, c. 218; 1993 (Reg. Sess., 1994), c. 748, s. 1; 1999-183, ss. 6, 7; 2000-117, s. 1; 2004-191, ss. 1, 2; 2007-6, s. 1.)

Limited Driving Privilege

www.kisslinglaw.com

Many people find themselves in situations where there license is revoked.  In most cases it is not for anything more than not taking care of a traffic ticket.  This is an indefinite suspension.  If that is the case, you can typically get your license reinstated by simply taking care of the old ticket.  However, if your license is revoked for too many points or for moving violations during a period of revocation, you may be suspended for a period of one (1) to three (3) years.  In those cases, you may need to get a limited driving privilege until the period of suspension has expired.

If your suspension is for one (1) year, you must have complied with the suspension, no other tickets, for 90 days.
If your suspension is for two (2) years, you must have complied with the suspension, no other tickets, for one (1) year.
If your suspension is permanent (3 years), you must have complied with the suspension, no other tickets, for two (2) years.

It is very important that you comply with these time limits.  In many cases, I have suggested that my clients hire a driver to drive their car to get them past this point where they can get a limited privilege.   The difference between no license and a limited privilege is significant.  In addition, once your receive your limited privilege, it is much easier to keep your record clean until you can get your license reinstated.

Also, remember if your license is suspended for any reason and it is cleared up, you are suspended until you pay your reinstatement fee to the DMV.

Below is the entire statute.

§ 20

-

20.1. Limited driving privilege for certain revocations.

(a)

Definitions.

–

The following definitions apply in this section:

(1)

Limited driving privilege.

–

A judgment issued by a court authorizing a

person with a revoked drivers license to drive un

der specified terms and

conditions.

(2)

Nonstandard working hours.

–

Anytime other than 6:00 A.M. until 8:00 P.M.

on Monday through Friday.

(3)

Standard working hours.

–

Anytime from 6:00 A.M. until 8:00 P.M. on

Monday through Friday.

(4)

Underlying offens

e.

–

The offense for which a person's drivers license was

revoked when the person was charged under G.S. 20

-

28(a), driving with a

revoked license, or under G.S. 20

-

28.1, committing a motor vehicle moving

offense while driving with a revoked license.

(b)

El

igibility.

–

A person is eligible to apply for a limited driving privilege under this

section if all of the following conditions apply:

(1)

The person's license is currently revoked under G.S. 20

-

28(a) or G.S.

20

-

28.1.

(2)

The person has complied with the

revocation for the period required in

subsection (c) of this section immediately preceding the date the person files

a petition for a limited driving privilege under this section.

(3)

The person's underlying offense is not an offense involving impaired dri

ving

and, if the person's license is revoked under G.S. 20

-

28.1 for committing a

motor vehicle moving offense while driving with a revoked license, the

moving offense is not an offense involving impaired driving.

(4)

The revocation period for the underlyin

g offense has expired.

(5)

The revocation under G.S. 20

-

28(a) or G.S. 20

-

28.1 is the only revocation in

effect.

(6)

The person is not eligible to receive a limited driving privilege under any

other law.

(7)

The person has not held a limited driving privile

ge issued under this section

at anytime during the three years prior to the date the person files the current

petition.

(8)

The person has no pending charges for any motor vehicle offense in this or

in any other state and has no unpaid motor vehicle fines

or penalties in this

or in any other state.

(9)

The person's drivers license issued by another state has not been revoked by

that state.

(10)

G.S. 20

-

9(e) or G.S. 20

-

9(f) does not prohibit the Division from issuing the

person a license.

(c)

Compliance Peri

od.

–

The following table sets out the period during which a person

must comply with a revocation under G.S. 20

-

28(a) or G.S. 20

-

28.1 to be eligible for a limited

driving privilege under this section:

Revocation Period

Compliance Period

1 Year

90 Days

2 Y

ears

1 Year

Permanent

2 Years

(d)

Petition.

–

A person may apply for a limited driving privilege under this section by

filing a petition. A petition filed under this section is separate from the action that resulted in

the initial revocation and is a civ

il action. A petition must be filed in district court in the county

G.S. 20

-

20.1

Page

2

of the person's residence as reflected by the Division's records or, if the Division's records are

inaccurate, in the county of the person's actual residence. A person must attach to a pet

ition a

copy of the person's motor vehicle record. A petition must include a sworn statement that the

person filing the petition is eligible for a limited driving privilege under this section.

A court, for good cause shown, may issue a limited driving priv

ilege to an eligible person in

accordance with this section. The costs required under G.S. 7A

-

305(a) and G.S. 20

-

20.2 apply

to a petition filed under this section. The clerk of court for the court that issues a limited driving

privilege under this section

must send a copy of the limited driving privilege to the Division.

(e)

Scope of Privilege.

–

A limited driving privilege restricts the person to essential

driving related to one or more of the purposes listed in this subsection. Any driving that is not

rel

ated to the purposes authorized in this subsection is unlawful even though done at times and

upon routes that may be authorized by the privilege. Except as otherwise provided, all driving

must be for a purpose and done within the restrictions specified in

the privilege.

The permissible purposes for a limited driving privilege are:

(1)

Travel to and from the person's place of employment and in the course of

employment.

(2)

Travel necessary for maintenance of the person's household.

(3)

Travel to provide emer

gency medical care for the person or for an immediate

family member of the person who resides in the same household with the

person. Driving related to emergency medical care is authorized at anytime

and without restriction as to routes.

(f)

Employment Dri

ving in Standard Working Hours.

–

The court may authorize

driving for employment

-

related purposes during standard working hours without specifying

times and routes for the driving. If the person is required to drive for essential

employment

-

related purpose

s only during standard working hours, the limited driving privilege

must prohibit driving during nonstandard working hours unless the driving is for emergency

medical care or for authorized household maintenance. The limited driving privilege must state

th

e name and address of the person's employer and may, in the discretion of the court, include

other information and restrictions applicable to employment

-

related driving.

(g)

Employment Driving in Nonstandard Working Hours.

–

If a person is required to

driv

e during nonstandard working hours for an essential employment

-

related purpose and the

person provides documentation of that fact to the court, the court may authorize the person to

drive for that purpose during those hours. If the person is self

-

employed,

the documentation

must be attached to or made a part of the limited driving privilege. If the person is employed by

another, the limited driving privilege must state the name and address of the person's employer

and may, in the discretion of the court, in

clude other information and restrictions applicable to

employment

-

related driving. If the court determines that it is necessary for the person to drive

during nonstandard working hours for an employment

-

related purpose, the court may authorize

the person t

o drive subject to these limitations:

(1)

If the person is required to drive to and from a specific place of employment

at regular times, the limited driving privilege must specify the general times

and routes by which the person may drive to and from work

and must restrict

driving to those times and routes.

(2)

If the person is required to drive to and from work at a specific place but is

unable to specify the times during which the driving will occur, the limited

driving privilege must specify the general

routes by which the person may

drive to and from work and must restrict driving to those general routes.

(3)

If the person is required to drive to and from work at regular times but is

unable to specify the places at which work is to be performed, the lim

ited

Driving school

www.kisslinglaw.com

Many DA's in North Carolina require drivers, especially younger drivers, to attend a safe driving course to get a speeding or other traffic ticket reduced or dismissed.  According to the US Government, these schools are of little if any benefit and have had no impact on the teen fatality rate.  Based upon that study, driving school is just another way to punish younger drivers for speeding or more likely, another way to raise revenue from traffic citations.  See below for more.
http://autos.aol.com/article/teen-driving-schools-safety/

Johnston County speeding ticket

www.kisslinglaw.com

Can an officer testify to your speed without radar?  Yes, in fact, the radar is only admissible to confirm the officer's own estimation of your speed.  see the following article for more.
http://nccriminallaw.sog.unc.edu/?p=1052

Wake County Speeding Ticket

www.kisslinglaw.com

If an officer pulls you over and ask how fast you were going, can that statement be used against you at trial?  I would answer that with a now.  While it may be argued that if falls under the Statement Against Interest exception to the hearsay rule, I would argue that the average person does not know that a statement to the officer that the were going five miles per hour over the speed limit is so against their penal interest that it would be admitted.  See below for more on this exception to the hearsay rule.
http://nccriminallaw.sog.unc.edu/?p=4685

Raleigh Speeding Ticket

www.kisslinglaw.com

Although you can pay off certain tickets online in Wake County, Raleigh, in most cases this is a very bad idea.  Especially if you are charged with speeding in a school zone.