Showing posts with label Wake County Speeding Ticket Attorney. Show all posts
Showing posts with label Wake County Speeding Ticket Attorney. Show all posts

Tuesday, November 20, 2018

What Type of Car Should I Buy My Teenager?

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The car above is a much nicer version of my first car.  When I received it from my parents, it was 15 years old and had 500,000 miles.  It was on its 5th engine.  Seat belts were not standard, I could not run the radio, head lights and windshield wipers at the same time.

Why do I tell you about this.  Here in the Raleigh area, a teenager was recently given a speeding ticket for 198 in a 55 zone.  Trust me, he was not driving a 1962 VW Karman Ghia.  He was driving a brand new Dodge Daytona Hellcat.  It begs the question, what were his parents thinking when then gave him a car that goes 200 MPH? 

I think parents have this inner debate of "Do I give my teenager an old car that does not go very fast or a new car that has all the current safety equipment"?  I think more times than not, parents go with the new car because we think we can control our children but we cannot control anyone else on the road so we put our children in a car that will protect them from everyone else even if it will not protect them from themselves.

I do not know if there is a correct response to this question.  I just think we need to be aware of the fact that we do not have as much control over our children as we think we do.

Thursday, November 8, 2018

Yes, Passing Stopped School Bus is Serious

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Driver who killed 3 children at Indiana bus stop says she didn't see bus until it was too late.

 
The Indiana driver who police say plowed into four children at a bus stop, killing three of them, told authorities she didn't spot the school bus until it was too late.
Alyssa Shepherd, 24, was driving her pickup truck early on Tuesday morning when she struck a group of middle school students crossing the road to board their school bus.
Siblings Alivia Stahl, 9, and Xzavier and Mason Ingle, both 6, all died on the scene, while the fourth child, 11-year-old Maverik Lowe, suffered multiple broken bones and was airlifted to a hospital to undergo emergency surgery.
In a court hearing Wednesday, police disclosed what Shepherd, an eyewitness and the bus driver told them following the tragic accident, WTTV reports.

The female witness, who was driving behind Shepherd, estimated the suspect was driving around 45 mph at the time of the crash and said the bus was very visible, even though it was dark outside. The witness told police that she slowed down for the bus, but that Shepherd did not.
Shepherd reportedly told authorities that she was returning from driving her husband to work at the time of the accident and had three children in her truck at the time, including her little brother. She acknowledged she saw "something" with lights on the side of the road, but claimed she didn't recognize it was a school bus until it was too late to stop.
The bus driver told police he spotted Shepherd's truck and, believing it was a good distance away, he waved the children across the highway, according to WTTV. He said once he realized the truck was not slowing down, he honked his horn to try and signal the children to turn back.
According to authorities, the school bus followed proper protocol and had its stop-arm out at the time of the accident. All 50 states have laws that prohibit drivers from passing school buses when they are stopped and have their flashing lights on.
Shepherd was arrested following the crash and was charged with three counts of reckless homicide and one count of passing a school bus when arm signal device is extended, causing bodily injury. She has been released from jail on a $15,000 bond and will appear in court on Nov. 13, WSBT reports.

Thursday, November 1, 2018

Speed Kills Young Drivers

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More examples of teens being killed on our roads due to high speeds.

— The Cardinal Gibbons High School student who died when her car ran off Possum Track Road and struck several trees earlier this week was traveling 95 mph, according to troopers.
Madeline Grace Shook, 16, of Raleigh, was traveling north on Possum Track Road, in northern Wake County, when she crashed while traveling approximately 95 mph in a 45 mph zone. She died at the scene. She was the only occupant in the vehicle.
Shook was on the school's track team and is remembered by teammates as a bright light, a go-getter and a voice of reassurance.
"She just was always encouraging us to do our best and to run to our full potential," Marianne Bahna said.
Cardinal Gibbons Principal Jason Curtis said he remembers Shook as a smart student and competitive athlete.
“As an educator, how can I best care for them and love them and support them just as their parents have asked us to,” Curtis said of grieving students. “What goes through my head is we, the adults, need to model for them the appropriate response.

Tuesday, October 16, 2018

Blocking Intersection

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In North Carolina, it is illegal to pull into an intersection if you cannot get all the way through the intersection.  The exact statute reads as follows:
§ 20-142.5. Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the
passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to proceed. Any person who violates any provision of this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se.  An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21. (1991, c. 368, s. 1; 2005-349, s. 16.)

Tuesday, August 14, 2018

License Plate Frames

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 In North Carolina, it is illegal to have a license plate frame that covers the registration sticker or the state of issuance.  This part of GS§ 20-63 went into affect about the same time we installed cameras for collecting tolls.

Below is the entire statute on license plates including rules on how they must be displayed.

§ 20-63.  Registration plates furnished by Division; requirements; replacement of regular plates with First in Flight plates or First in Freedom plates; surrender and reissuance; displaying; preservation and cleaning; alteration or concealment of numbers; commission contracts for issuance.
(a)        The Division upon registering a vehicle shall issue to the owner one registration plate for a motorcycle, trailer or semitrailer and for every other motor vehicle. Registration plates issued by the Division under this Article shall be and remain the property of the State, and it shall be lawful for the Commissioner or his duly authorized agents to summarily take possession of any plate or plates which he has reason to believe is being illegally used, and to keep in his possession such plate or plates pending investigation and legal disposition of the same. Whenever the Commissioner finds that any registration plate issued for any vehicle pursuant to the provisions of this Article has become illegible or is in such a condition that the numbers thereon may not be readily distinguished, he may require that such registration plate, and its companion when there are two registration plates, be surrendered to the Division. When said registration plate or plates are so surrendered to the Division, a new registration plate or plates shall be issued in lieu thereof without charge. The owner of any vehicle who receives notice to surrender illegible plate or plates on which the numbers are not readily distinguishable and who willfully refuses to surrender said plates to the Division shall be guilty of a Class 2 misdemeanor.
(b)        Every license plate must display the registration number assigned to the vehicle for which it is issued, the name of the State of North Carolina, which may be abbreviated, and the year number for which it is issued or the date of expiration. A plate issued for a commercial vehicle, as defined in G.S. 20-4.2(1), and weighing 26,001 pounds or more, must bear the word "commercial," unless the plate is a special registration plate authorized in G.S. 20-79.4 or the commercial vehicle is a trailer or is licensed for 6,000 pounds or less. The plate issued for vehicles licensed for 7,000 pounds through 26,000 pounds must bear the word "weighted," unless the plate is a special registration plate authorized in G.S. 20-79.4.
A registration plate issued by the Division for a private passenger vehicle or for a private hauler vehicle licensed for 6,000 pounds or less shall be, at the option of the owner, either (i) a "First in Flight" plate or (ii) a "First in Freedom" plate. A "First in Flight" plate shall have the words "First in Flight" printed at the top of the plate above all other letters and numerals. The background of the "First in Flight" plate shall depict the Wright Brothers biplane flying over Kitty Hawk Beach, with the plane flying slightly upward and to the right. A "First in Freedom" plate shall have the words "First in Freedom" printed at the top of the plate above all other letters and numerals. The background of the "First in Freedom" plate may include an image chosen by the Division that is representative of the Mecklenburg Declaration of 1775 or the Halifax Resolves of 1776.
(b1)      The following special registration plates do not have to be a "First in Flight" plate or "First in Freedom" plate as provided in subsection (b) of this section. The design of the plates that are not "First in Flight" plates or "First in Freedom" plates must be developed in accordance with G.S. 20-79.4(a3). For special plates authorized in G.S. 20-79.7 on or after July 1, 2013, the Division may not issue the plate on a background under this subsection unless it receives the required number of applications set forth in G.S. 20-79.3A(a).
(1)        Friends of the Great Smoky Mountains National Park.
(2)        Rocky Mountain Elk Foundation.
(3)        Blue Ridge Parkway Foundation.
(4)        Friends of the Appalachian Trail.
(5)        NC Coastal Federation.
(6)        In God We Trust.
(7)        Stock Car Racing Theme.
(8)        Buddy Pelletier Surfing Foundation.
(9)        Guilford Battleground Company.
(10)      National Wild Turkey Federation.
(11)      North Carolina Aquarium Society.
(12)      First in Forestry.
(13)      North Carolina Wildlife Habitat Foundation.
(14)      NC Trout Unlimited.
(15)      Ducks Unlimited.
(16)      Lung Cancer Research - Expired July 1, 2016.
(17)      NC State Parks.
(18)      Support Our Troops.
(19)      US Equine Rescue League - Expired July 1, 2016.
(20)      Fox Hunting - Expired July 1, 2016.
(21)      Back Country Horsemen of North Carolina - Expired July 1, 2016.
(22)      Hospice Care - Expired July 1, 2016.
(23)      Home Care and Hospice.
(24)      NC Tennis Foundation.
(25)      AIDS Awareness - Expired July 1, 2016.
(26)      Donate Life.
(27)      Farmland Preservation - Expired July 1, 2016.
(28)      Travel and Tourism - Expired July 1, 2016.
(29)      Battle of Kings Mountain.
(30)      NC Civil War - Expired July 1, 2016.
(31)      North Carolina Zoological Society.
(32)      United States Service Academy.
(33)      Carolina Raptor Center - Expired July 1, 2016.
(34)      Carolinas Credit Union Foundation - Expired July 1, 2016.
(35)      North Carolina State Flag - Expired July 1, 2016.
(36)      NC Mining - Expired July 1, 2016.
(37)      Coastal Land Trust.
(38)      ARTS NC.
(39)      Choose Life.
(40)      North Carolina Green Industry Council - Expired July 1, 2016.
(41)      NC Horse Council.
(42)      Core Sound Waterfowl Museum and Heritage Center.
(43)      Mountains-to-Sea Trail, Inc.
(44)      Native Brook Trout.
(45)      Red Drum - Expired July 1, 2016.
(46)      S.T.A.R. - Expired July 1, 2016.
(47)      Alpha Phi Alpha - Expired July 1, 2016.
(48)      Reserved.
(49)      Carolina Panthers.
(50)      NC Surveyors.
(51)      North Carolina Sheriffs' Association.
(52)      Save the Honey Bee (SB).
(53)      Kappa Alpha Psi Fraternity.
(54)      Pisgah Conservancy.
(55)      Colorectal Cancer Awareness.
(56)      Big Rock Blue Marlin Tournament.
(57)      Order of the Long Leaf Pine.
(c)        Such registration plate and the required numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight.
(d)       Registration plates issued for a motor vehicle other than a motorcycle, trailer, or semitrailer shall be attached thereto, one in the front and the other in the rear: Provided, that when only one registration plate is issued for a motor vehicle other than a truck-tractor, said registration plate shall be attached to the rear of the motor vehicle. The registration plate issued for a truck-tractor shall be attached to the front thereof. Provided further, that when only one registration plate is issued for a motor vehicle and this motor vehicle is transporting a substance that may adhere to the plate so as to cover or discolor the plate or if the motor vehicle has a mechanical loading device that may damage the plate, the registration plate may be attached to the front of the motor vehicle.
Any motor vehicle of the age of 35 years or more from the date of manufacture may bear the license plates of the year of manufacture instead of the current registration plates, if the current registration plates are maintained within the vehicle and produced upon the request of any person.
The Division shall provide registered owners of motorcycles and property hauling motorcycle trailers attached to the rear of motorcycles with suitably reduced size registration plates, approximately four by seven inches in size, that are issued on a multiyear basis in accordance with G.S. 20-88(c), or on an annual basis as otherwise provided in this Chapter.
(e)        Preservation and Cleaning of Registration Plates. - It shall be the duty of each and every registered owner of a motor vehicle to keep the registration plates assigned to such motor vehicle reasonably clean and free from dust and dirt, and such registered owner, or any person in his employ, or who operates such motor vehicle by his authority, shall, upon the request of any proper officer, immediately clean such registration plates so that the numbers thereon may be readily distinguished, and any person who shall neglect or refuse to so clean a registration plate, after having been requested to do so, shall be guilty of a Class 3 misdemeanor.
(f)        Operating with False Numbers. - Any person who shall willfully operate a motor vehicle with a registration plate which has been repainted or altered or forged shall be guilty of a Class 2 misdemeanor.
(g)        Alteration, Disguise, or Concealment of Numbers. - Any operator of a motor vehicle who shall willfully mutilate, bend, twist, cover or cause to be covered or partially covered by any bumper, light, spare tire, tire rack, strap, or other device, or who shall paint, enamel, emboss, stamp, print, perforate, or alter or add to or cut off any part or portion of a registration plate or the figures or letters thereon, or who shall place or deposit or cause to be placed or deposited any oil, grease, or other substance upon such registration plates for the purpose of making dust adhere thereto, or who shall deface, disfigure, change, or attempt to change any letter or figure thereon, or who shall display a number plate in other than a horizontal upright position, shall be guilty of a Class 2 misdemeanor. Any operator of a motor vehicle who shall willfully cover or cause to be covered any part or portion of a registration plate or the figures or letters thereon by any device designed or intended to prevent or interfere with the taking of a clear photograph of a registration plate by a traffic control or toll collection system using cameras commits an infraction and shall be penalized under G.S. 14-3.1. Any operator of a motor vehicle who shall otherwise intentionally cover any number or registration renewal sticker on a registration plate with any material that makes the number or registration renewal sticker illegible commits an infraction and shall be penalized under G.S. 14-3.1. Any operator of a motor vehicle who covers any registration plate with any frame or transparent, clear, or color-tinted cover that makes a number or letter included in the vehicle's registration, the State name on the plate, or a number or month on the registration renewal sticker on the plate illegible commits an infraction and shall be penalized under G.S. 14-3.1.
(h)        Commission Contracts for Issuance of Plates and Certificates. - All registration plates, registration certificates, and certificates of title issued by the Division, outside of those issued from the office of the Division located in Wake, Cumberland, or Mecklenburg Counties and those issued and handled through the United States mail, shall be issued insofar as practicable and possible through commission contracts entered into by the Division for the issuance of the plates and certificates in localities throughout North Carolina, including military installations within this State, with persons, firms, corporations or governmental subdivisions of the State of North Carolina. The Division shall make a reasonable effort in every locality, except as noted above, to enter into a commission contract for the issuance of the plates and certificates and a record of these efforts shall be maintained in the Division. In the event the Division is unsuccessful in making commission contracts, it shall issue the plates and certificates through the regular employees of the Division. Whenever registration plates, registration certificates, and certificates of title are issued by the Division through commission contract arrangements, the Division shall provide proper supervision of the distribution. Nothing contained in this subsection allows or permits the operation of fewer outlets in any county in this State than are now being operated.
The terms of a commission contract entered under this subsection shall specify the duration of the contract and either include or incorporate by reference standards by which the Division may supervise and evaluate the performance of the commission contractor. The duration of an initial commission contract may not exceed eight years and the duration of a renewal commission contract may not exceed two years. The Division may award monetary performance bonuses, not to exceed an aggregate total of ninety thousand dollars ($90,000) annually, to commission contractors based on their performance.
The amount of compensation payable to a commission contractor is determined on a per transaction basis. The collection of the highway use tax and the removal of an inspection stop are each considered a separate transaction for which one dollar and thirty cents ($1.30) compensation shall be paid. The issuance of a limited registration "T" sticker and the collection of property tax are each considered a separate transaction for which compensation at the rate of one dollar and thirty cents ($1.30) and one dollar and eight cents ($1.08) respectively, shall be paid by counties and municipalities as a cost of the combined motor vehicle registration renewal and property tax collection system. The performance at the same time of one or more of the transactions below is considered a single transaction for which one dollar and forty-six cents ($1.46) compensation shall be paid:
(1)        Issuance of a registration plate, a registration card, a registration sticker, or a certificate of title.
(2)        Issuance of a handicapped placard or handicapped identification card.
(3)        Acceptance of an application for a personalized registration plate.
(4)        Acceptance of a surrendered registration plate, registration card, or registration renewal sticker, or acceptance of an affidavit stating why a person cannot surrender a registration plate, registration card, or registration renewal sticker.
(5)        Cancellation of a title because the vehicle has been junked.
(6)        Acceptance of an application for, or issuance of, a refund for a fee or a tax, other than the highway use tax.
(7)        Receipt of the civil penalty imposed by G.S. 20-311 for a lapse in financial responsibility or receipt of the restoration fee imposed by that statute.
(8)        Acceptance of a notice of failure to maintain financial responsibility for a motor vehicle.
(8a)      Collection of civil penalties imposed for violations of G.S. 20-183.8A.
(8b),     (9) Repealed by Session Laws 2013-372, s. 2(a), effective July 1, 2013.
(10)      Acceptance of a temporary lien filing.
(11)      Conversion of an existing paper title to an electronic lien upon request of a primary lienholder.
(h1)      Commission contracts entered into by the Division under this subsection shall also provide for the payment of an additional one dollar ($1.00) of compensation to commission contract agents for any transaction assessed a fee under subdivision (a)(1), (a)(2), (a)(3), (a)(7), (a)(8), or (a)(9) of G.S. 20-85.
(h2)      Upon the closing of the only contract license plate agency in a county, the Division shall as soon as practicable designate a temporary location for the issuance of all registration plates, registration certificates, and certificates of title issued by the Division for that county. The designation shall be posted at the former agency location for not less than 30 days and shall include the street address and telephone number of the temporary location. A former contract agent shall allow the posting of this required notice at the former location for a period of not less than 30 days. A failure to comply with the posting requirements of this section by a former contract agent shall be a Class 3 misdemeanor.
(i)         Electronic Applications and Collections. - The Division shall accept electronic applications for the issuance of registration plates, registration certificates, and certificates of title, and is authorized to electronically collect fees from online motor vehicle registration vendors under contract with the Division.
(j)         The Division shall contract with at least two online motor vehicle registration vendors which may enter into contracts with motor vehicle dealers to complete and file Division required documents for the issuance of a certificate of title, registration plate, or registration card or a duplicate certificate of title, registration plate, or registration card for a motor vehicle, upon purchase or sale of a vehicle.
(k)        Commission contract agents are authorized to enter into contracts with online motor vehicle registration vendors which are under contract with the Division to complete and file Division required documents for the issuance of a certificate of title, registration plate, or registration card or a duplicate certificate of title, registration plate, or registration card for a motor vehicle.

Friday, August 3, 2018

WAIVING COURT COSTS V. DISMISSING CASES

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I find the article below interesting.  It is about how the Durham, NC District Attorney is dismissing old cases for people so they can get their license reinstated.  I do not have a problem with what they are doing.  In fact, I think it is a good idea.  In contrast to their dismissing cases, the NC Legislature has made it virtually impossible for a judge to waive court costs or fees.  As a result, if you get a ticket and simply do not go to court for a few years and continue to accumulate Driving While License Revoked charges, eventually the DA will just dismiss everything and you pay nothing.  On the other hand, if you go to court and want to do the right thing but simply cannot pay the court costs due to your financial situation, the judge cannot do anything to help you.  It does not seem right that the judge who can ask you about your financial situation and offer to waive court costs in return for something like volunteer work cannot waive your court costs but years later, the DA can in effect waive the court costs by dismissing your case if you never show up in the first place.  To me, this process rewards the person who doesn't even try to be responsible and penalized the one who does.

DURHAM, N.C. (WNCN) - People living in Durham County are getting their licenses back with the new Durham County Driver License Restoration Program.
Durham’s District Attorney’s office has dismissed traffic charges for 500 people so that they can get their driver’s license back.
“Dismissing these cases is the right thing to do and that’s what our office is here for,” said Assistant District Attorney Josephine Davis.
She is working with the city to make it happen. According to the DMV, more than 1 million people in the state currently have their licenses revoked. A research study showed people who couldn’t drive in the county, found it harder to get to work.
“If we really want everyone in our community to be able to flourish — if we want individuals who have made mistakes in the past to be able to get back on the right path to be able to sustain themselves and support their families — having a driver’s license is one important is it that,” said Ryan Smith, the Innovation Team Project Manager for the City of Durham.
The DMV says more than 46,000 people in the county have their licenses revoked or suspended for either missing court or not paying fines.
“Is losing your license forever for failing to pay a speeding ticket too strict,” Smith asked. “I think it is.”
In the pilot phase of the program, 2,500 charges were dismissed for the people eligible. Those people have had their licenses revoked for at least a year and a half. Certain charges such as DWI’s and speeding a school zone will disqualify you from the program.
After applying, the DA’s office looks at your income and whether you’re able to pay your fines.
“Some of them have $500 fines, $1000 fines and so the question is, how can we help that group of the community,” said Davis. “Those are people that are poor, people of color people, who normally can’t afford it.”
Davis says this is a way to hold people accountable, as well as give them a clean slate.
“People have been punished because their licenses have been revoked,” she said. “There is no need for us to continue to punish people financially, having them come to court, they’ve already taken responsibility because they don’t have their driver’s license. We want to put people in a position to do the right things to drive legally.”
You can apply by simply texting your name and birth date to the designated number. Right now, the program is not accepting applications until it relaunches in the fall.
Leaders are scheduling meetings to get Wake and Orange counties involved in this program as well.