TRAFFIC-RELATED MATTERS
Traffic Violations
Most traffic violations are low-level criminal infractions. Still, traffic tickets and moving violations can have long term financial impacts that may arise in unexpected ways. Paying off a traffic citation without coming to court or hiring a lawyer may seem like a quick and easy way to handle a minor offense, but by paying off a ticket, you are admitting your guilt to an infraction. Even though the penalty for that admission of guilt may seem limited to relatively minor fees, fines, and court costs, pleading guilty to a traffic crime can have hidden ramifications, including points on your driver’s license, long-term impacts on the cost of your automobile insurance, and even possibly a suspension of your driving privileges. An experienced and qualified traffic lawyer can help you understand the long term impact of traffic violations and limit the costs and penalties you may face both now and over time.
Speeding Violations in North Carolina
Reckless driving in North Carolina is broadly defined and gives law enforcement discretion in bringing criminal charges as well as an advantage in acquiring convictions for driving infractions. Under North Carolina law, a charge of reckless driving is considered both a criminal offense and a traffic violation. When a driver operates any vehicle in a manner that is considered careless or reckless, or which disregards the safety of other people and property, he or she can be charged with Reckless Driving. In fact, you may still be charged with reckless driving simply by speeding too fast, even if your driving was not otherwise careless or reckless at the time.
Hit and Run in North Carolina
North Carolina traffic laws require that every driver stop when he or she is involved in an accident. Choosing to leave the scene of an accident involving your vehicle can subject you to a broad range of penalties, some of them quite severe. A driver is liable for a charge of hit and run when that driver does not stop after causing damage to another car, a house, a lawn, or any other property owned by anyone other than the driver leaving the scene of the accident. A hit and run incident that includes property damage can rise to the level of a Class 1 misdemeanor, while those involving the injury or death of an individual can be charged as a felony with the potential to change the course of your life and possibly destroy your hopes and dreams for the future.
Traffic Tickets
If you have received a citation, commonly known as a traffic ticket, accusing you of any of North Carolina’s many traffic laws, you may be considering simply paying the fine in the hope that this will put the matter to rest. However, by paying the citation you are making a legal admission of guilt. When you are convicted or plead guilty to a traffic citation your driving record will accumulate points. The more points accumulated, the more you will have to pay in insurance premiums and the greater the likelihood your driving privileges may be suspended by the DMV. If you are a visitor to North Carolina and receive a traffic citation, points can still accumulate against your license in your home state.
There are many traffic violations in North Carolina that can result in the accumulation of points against your license, including:
- Running a stop sign or red light
- Failure to reduce speed to avoid an accident
- Unsafe movements
- Making an improper lane change
- Speeding tickets
- Speeding in a school or work zone
- Following too closely
- Failure to yield
- Reckless or aggressive driving
- Hit and run
- Driving with a revoked license
- Driving without a license (“No Operator’s License”)
Dan has over ten years of experience defending people of all ages in and around Wake County both before district and superior courts. Don’t let a traffic violation affect your insurance premiums, or worse, your future. Give Dan a call today for a free consultation and let him evaluate your case to explore every possibility of protecting your driving privileges, as well as getting the charges against you reduced or possibly even dismissed.
919-256-3606
THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS
Order Vacated
State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.
Convictions Reversed
State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Hearing Ordered
State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.
New Trial Granted
State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial. (Appeal remains pending.)
Convictions Reversed
State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Trial Granted
State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.
Convictions Vacated
State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.
New Trial Granted
State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison. RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.
Convictions Vacated
State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property. RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.
Conviction Vacated
State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.
Please note that these are examples of prior cases in which we have obtained a positive result for our client. Every case is different, and we cannot guarantee a specific result in your case.