Common Questions and Helpful Answers About NC Criminal and DWI Charges
It is natural to have many questions and concerns when charged with a crime in North Carolina. These charges can have serious consequences and long-lasting effects on those charged with their families, so they need reliable answers quickly. Here, Todd Browning and Howard Long share their answers to many of these tough questions. Find out their thoughts on DWI, traffic charges, and many other crimes.
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How do police decide who to stop for drunk driving in Charlotte?
Police officers in Mecklenburg County and North Carolina Highway Patrol are trained to look for numerous visual clues and driver behavior patterns when deciding whether to make an investigative stop of a drunk driving suspect. These visual clues, identified by a National Highway Traffic Safety Administration (NHTSA) study on impaired drivers, help officers determine if there is enough reasonable suspicion to justify pulling you over for DWI.
Outside of DUI checkpoints, police must have reasonable suspicion to legally stop you for drunk driving.
How Police Determine Reasonable Suspicion for a DWI Stop
The visual clues identified by the NHTSA fall into one of the following four categories:
- Problems Maintaining Proper Lane Position
- Speeding and Braking Problems
- Vigilance Problems
- Judgment Problems
Visual clues used to identify Problems Maintaining Proper Lane Position include:
- Weaving within a lane
- Weaving across lane lines
- Straddling a lane line
- Turning with a wide radius
- Almost striking a vehicle or other object
Visual clues used to identify Speeding and Braking Problems include:
- Stopping problems (too far, too short, too jerky)
- Accelerating or decelerating for no apparent reason
- Varying speed
- Slow speed (10+ mph under limit)
Visual clues used to identify Vigilance Problems include:
- Driving in opposing lanes or wrong way on one way
- Slow response to traffic signals
- Slow or failure to respond to officer’s signals
- Stopping in lane for no apparent reason
- Driving without headlights at night
- Failure to signal or signal inconsistent with action
Visual clues used to identify Judgment Problems include:
- Following too closely
- Improper or unsafe lane change
- Illegal or improper turn (too fast, jerky, sharp)
- Driving on other than designated roadway
- Stopping inappropriately in response to officer
- Inappropriate or unusual behavior (throwing up, arguing)
- Appearing to be impaired
If an officer observed you exhibiting any of these behaviors, he may be legally justified in stopping you for drunk driving, but not always. For example, if you make an illegal turn, you have likely violated the law and an officer is likely justified in stopping you on that fact alone. On the other hand, if you were weaving within your own lane only, an officer is not likely going to be justified in stopping you. When a DWI stop is based on the driver weaving within a lane, North Carolina law generally requires weaving within a lane plus some other fact in order for an officer to make a stop.
Find Out if Your Charlotte DWI Could be Dropped
If an officer did not have a legal justification for pulling you over, it may be possible to have your drunk driving charge dismissed based on that lack of reasonable suspicion. If you have been arrested for DWI in the Charlotte metro area, contact a Mecklenburg County DWI defense attorney at Browning & Long, PLLC for a free consultation to evaluate your case and assist in making this determination.
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Will my NC driver’s license be suspended if I refuse to blow or if I'm arrested for DWI?
It depends. There are numerous instances where your driver's license will be revoked by North Carolina’s Division of Motor Vehicles (DMV) for issues involving or related to driving under the influence. The most common scenarios where the DMV will revoke your driver’s license is when you (i) willfully refuse to submit to chemical analysis (i.e. breath or blood test), (ii) are charged with and/or arrested for driving under the influence, or (iii) are convicted of driving under the influence.
License Suspension for Willful Refusal to Breathalyzer or Chemical Testing
The laws of most states, including North Carolina, highly encourage a person suspected of driving under the influence to submit to chemical analysis (i.e. breath or blood test). Such laws do so through the consequences implemented when a person refuses such testing. Specifically, North Carolina General Statute (N.C.G.S.) 20-16.2(a)(1) informs a driving under the influence suspect that they may refuse any chemical test, but doing so will result in their driver’s license being revoked for a period of one year, and in some cases even longer.
This often means that if you refuse a chemical test, your driver's license will be revoked for one year. It's important to know the difference between the various breath-testing instruments and the consequences of refusing to blow in these devices. For example, an alcohol screening test, often referred to as a Preliminary Breath Test (PBT), is a breath test that is typically administered roadside before you are arrested. Refusing to submit to this test is not considered a willful refusal and will not revoke your driver's license for a period of one year. Thus, an alcohol screening test is not considered a chemical test for this purpose. However, a breath test using the Intoxilyzer 5000 or Intox EC/IR II, as well as a blood draw, are considered chemical tests. If you refuse to submit to these tests, your driver's license may be revoked for a period of one year. The Intoxilyzer 500 and Intox EC/IR II are generally administered after you have been arrested and left the scene.
License Suspension After Being Charged and/or Arrested for DWI
Under North Carolina General Statute (N.C.G.S.) 20-16.5(b), a person driving under the influence is subject to civil revocation of their driver’s license if the following applies:
- A law enforcement officer has reasonable grounds to believe that the person has committed an implied consent offense;
- The person is charged with an implied consent offense;
- The law enforcement officer and the chemical analyst comply with the procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's submission to or procuring a chemical analysis; and
- The person
- Willfully refuses to submit to the chemical analysis;
- Has an alcohol concentration of 0.08 or more within a relevant time after the driving;
- Has an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle; or
- Has any alcohol concentration at any relevant time after the driving and the person is under 21 years of age.
When your driver's license is revoked under N.C.G.S. 20-16.5(b), the minimum period of revocation is either 30 or 45 days depending on when your driver’s license was surrendered. If your driver’s license is surrendered within five (5) working days of the revocation (generally the day you were charged), the minimum revocation period is 30 days. If your driver’s license is not surrendered within five (5) working days of the revocation, the minimum revocation is generally 45 days from the date you surrender your driver’s license. Additionally, if you have a pending driving under the influence charge or other implied consent offense, your driver's license will be suspended indefinitely until all pending charges are resolved.
License Suspension After a Drunk Driving Conviction
A conviction for driving under the influence results in a mandatory revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (DMV) under North Carolina General Statute (N.C.G.S.) 20-17(a)(2). The length of such driver’s license revocation largely depends on whether you have any prior impaired driving convictions, and if so, the amount of time that has passed since those convictions.
Contact Our Charlotte DWI License Restoration Lawyers
If your driver’s license has been revoked due to one of the three common scenarios discussed under this question, it is important to remember that there are often circumstances where a you may be able to legally drive with a limited driving privilege. A DWI defense attorney at Browning & Long, PLLC can assist you in getting you back on the road as soon as possible.
What factors will the court consider when sentencing me for a DUI conviction in Mecklenburg County?
If you have been convicted of DUI in Mecklenburg County, the level of punishment of you will face is determined by the existence and balancing of what are called grossly aggravating factors, aggravating factors, or mitigating factors. Several of the following legal terms can be difficult to grasp, so it's always best to consult with a DWI defense attorney if you've been charged.
Grossly Aggravating Factors for DUI Sentencing
Grossly aggravating factors are seen as more serious than aggravating factors. The State must prove any grossly aggravating factor beyond a reasonable doubt. With that, the first step in determining the level of punishment you will face if convicted of DUI is to find out whether any grossly aggravating factors exist.
Four grossly aggravating factors:
- A prior conviction for a DUI related offense (See N.C.G.S. 20-4.01(24a) for the list of offenses) if:
- the prior conviction occurred within seven years of the current DUI offense date;
- the prior conviction occurred after the current DUI offense date, but before or at the same time as the sentencing in the current DUI case; or
- the prior conviction was in District Court, the conviction was appealed to Superior Court, the appeal was withdrawn or the case was remanded back to District Court, and a new sentencing hearing for the case has not been held.
- At the time of the current DUI offense, you drove while your driver’s license was revoked and the revocation was for a DUI revocation under N.C.G.S. 20-28.2(a).
- Your DUI caused serious injury to another person.
- At the time of the current DUI offense, you drove while:
- A child under the age of 18 years was in the vehicle
- A person with the mental development of a child under the age of 18 years was in the vehicle; or
- A person with a physical disability preventing unaided exit from the vehicle was in the vehicle.
Aggravating Factors for DUI Sentencing
As mentioned, aggravating factors are considered less serious than grossly aggravating factors. However, like grossly aggravating factors, the State must prove any aggravating factor beyond a reasonable doubt. When there are no grossly aggravating factors, or where grossly aggravating factors exist but the judge decides to consider any aggravating and mitigating factors as well, the next step in DUI sentencing is to determine whether any aggravating factors exist.
Nine aggravating factors:
- Gross impairment of your faculties while driving or an alcohol concentration of 0.15 or more.
- Especially reckless or dangerous driving.
- Negligent driving that led to a reportable accident.
- Driving while your driver's license was revoked.
- Two or more prior convictions of certain motor vehicle offenses for which at least three points are assigned or which subject your driver’s license to revocation, if the convictions occurred within five years of the current offense, or one or more prior convictions of an offense involving DUI that occurred more than seven years before the current offense.
- Conviction under N.C.G.S. 20-141.5 of speeding to elude.
- Conviction under N.C.G.S. 20-141 of speeding by at least 30 miles per hour over the legal limit.
- Passing a stopped school bus in violation of N.C.G.S. 20-217.
- Any other factor that aggravates the seriousness of the offense.
Mitigating Factors for DUI Sentencing
After determining whether any aggravating factors exist, the next step in determining the appropriate level of punishment in DUI sentencing is to see if any mitigating factors exist. It is your burden to prove the existence of any mitigating factor by a preponderance of the evidence.
Eight mitigating factors:
- Slight impairment of your faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving.
- Slight impairment of your faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
- Safe and lawful driving at the time of the offense, except for the DUI.
- A safe driving record.
- Impairment caused by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
- Voluntary submission to a substance abuse assessment and voluntary participation in the recommended treatment.
- Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system.
- Any other factor that mitigates the seriousness of the offense.
DUI/DWI Sentencing Levels of Punishment
The determination of the appropriate DWI sentencing level of punishment involves balancing the presence of any grossly aggravating factors, aggravating factors, and mitigating factors mentioned above. The chart below summarizes the six sentencing levels and the corresponding punishments authorized by N.C.G.S. 20-179.
Aggravated Level One
Factors Fine Probationary Conditions Three or more grossly aggravating factors Up to $10,000 If suspended, must require 1-imprisonment of at least 120 days; AND 2-alcohol abstinence of at least 120 days to a maximum of the term of probation, as verified by CAM.
Imprisonment: 12 months minimum to 36 months maximum
Substance Abuse Assessment Required: Yes
Factors Fine Probationary Conditions 1. Grossly aggravating factor in N.C.G.S. 20-179(c)(4); OR
2. Two other grossly aggravating factors
Up to $4,000 If suspended, must require 1-imprisonment of at least 30 days; OR 2-imprisonment of at least 10 days and alcohol abstinence and CAM for at least 120 days
Imprisonment: 30 days minimum to 24 months maximum
Substance Abuse Assessment Required: Yes
Factors Fine Probationary Conditions One grossly aggravating factor Up to $2,000 If suspended, must require 1-imprisonment of at least 7 days; OR 2-alcohol abstinence and CAM for at least 90 days
Imprisonment: 7 days minimum to 12 months maximum
Substance Abuse Assessment Required: Yes
Factors Fine Probationary Conditions Aggravating factors substantially outweigh any mitigating factors Up to $1,000 If suspended, must require one or both of the following: 1-imprisonment for at least 72 hours 2-community service for a term of at least 72 hours
Imprisonment: 72 hours minimum to 6 months maximum
Substance Abuse Assessment Required: Yes
Factors Fine Probationary Conditions No aggravating or mitigating factors or aggravating factors are substantially counterbalanced by mitigating factors Up to $500 If suspended, must require one or both of the following: 1-imprisonment for 48 hours 2-community service for a term of 48 hours
Imprisonment: 48 hours minimum to 120 days maximum
Substance Abuse Assessment Required: Yes
Factors Fine Probationary Conditions Mitigating factors substantially outweigh aggravating factors Up to $200 If suspended, must require one or both of the following:
1-imprisonment for 24 hours
2-community service for a term of 24 hours
Imprisonment: 24 hours to 60 days maximum
Substance Abuse Assessment Required: Yes
Contact Our Charlotte DUI Lawyers if you have questions regarding a DWI arrest in Mecklenburg County by calling 980-224-4482.
- A prior conviction for a DUI related offense (See N.C.G.S. 20-4.01(24a) for the list of offenses) if:
How will insurance points affect my auto insurance rates?
In North Carolina, insurance points can dramatically affect the cost of your auto insurance. Even a simple ticket that only adds one insurance point to your record can result in a 30 percent increase in your insurance costs. Because of this, you should not just pay a citation fine without first obtaining the advice of an experienced traffic ticket attorney in Charlotte to determine if it is in your best interest to fight the ticket.
What Are Insurance Points?
There are two types of points that you can be assessed if you are found guilty of violating a traffic law: points on your driving record and insurance points. The North Carolina legislature created the Safe Driver Incentive Plan to encourage safe driving in our state. It rewards motorists who have a good driving record by allowing insurance companies to charge them less in insurance premiums. However, this law also allows insurance companies to charge significantly higher rates if a driver has insurance points due to traffic violations.
How Much Could Your Insurance Rates Increase Due to Insurance Points?
The North Carolina Department of Insurance sets the insurance points per accident and traffic citation and how much insurance rates can be increased when insurance points are assessed. An insurance company is allowed to consider how many points have interest over a three-year period when setting your premium cost. Here is how these points could affect this:
- One point. You can be assessed one point for moving violations that are not assessed higher points, for speeding 10 mph or less over the speed limit under 55 mph, or an accident causing personal injuries of $1,800 or less or property damage of $2,300 or less. Your insurance rates could increase as much as 30 percent.
- Two points. A citation for illegal passing, following too closely, accidents resulting in property damage between $2,300 and $3,850, and speeding 10 mph or less over the speed limit of 55 mph or higher are some of the violations that can result in two insurance points. This can cause your insurance rates to increase by 45 percent.
- Three points. Three points will be assessed if you cause a crash resulting in personal injuries of more than $1,800 or property damage totaling $3,850 or more. Insurance rates can go up by 60 percent.
- Four points. Reckless driving, a hit and run collision with only property damage, passing a stopped school bus, and speeding in excess of 75 mph where the posted speed limit is 70 mph or less can add four points to your insurance record. Your insurance company can increase your insurance premiums by 80 percent.
- Eight points. Aggressive driving and driving when your driver’s license is suspended or revoked can add eight insurance points to your record and increase your insurance costs by 195 percent.
- Ten points. Street racing and speeding to elude arrest are serious violations that can cause 10 points to be added to your record. Your insurance costs can also be increased by 260 percent.
- Twelve points. Manslaughter, negligent homicide, a hit and run accident resulting in bodily injury or death, and DUI are a few of the violations that can result in 12 points on your insurance record and a 340 percent increase in your insurance premiums.
If you or a loved one have been issued a traffic citation in Charlotte, take advantage of our offer of a free consultation to learn how we can help you to fight your traffic ticket and avoid the harsh consequences you face—including increased insurance costs. To schedule your appointment, call our office today.
What penalties could I face for driving too closely in North Carolina?
Getting a traffic ticket for driving too closely may not seem like too big of a deal. However, you could face long-term consequences as well be required to pay a fine and costs. Also, in some situations, tailgating can lead to more serious charges as well as a ticket citation.
What Is the Offense of Driving Too Closely?
North Carolina Code Section 20-152 makes it a traffic offense to follow other motor vehicles too closely. You could be ticketed for this offense if you do one of the following:
- You follow a vehicle more closely than is prudent and reasonable given the speed of other vehicles, traffic, and road conditions.
- When driving on a highway other than in a business or residential district, you follow another vehicle and do not allow enough space for an overtaking vehicle to enter and occupy the space in front of your auto without danger. However, this traffic rule does not prevent drivers from passing other vehicles.
What Are the Penalties for Tailgating?
You would be required to pay a $35 fine and costs if you plead guilty to or are convicted of driving too closely. In addition, you could face these long-term consequences:
- Two points on your driving record
- Increased auto insurance costs
- Driver’s license suspension if you have too many points on your driving record
Tailgating Can Result in More Serious Criminal Charges
In addition to being issued a ticket for driving too closely, you could also be charged with reckless driving or aggressive driving. Both are misdemeanor offenses that can result in a jail sentence, large fine, and a permanent criminal record.
If you injure or kill someone in a car accident because you are tailgating, you could be charged with a much more serious felony crime, such as:
- Felony assault
- Second-degree murder
Get the Legal Assistance You Need From an Experienced Charlotte Traffic Ticket Attorney
Tailgating is a waivable offense, which means that you can just plead guilty and pay the ticket. However, this may not be in your best long-term interests. Take advantage of our free consultation to learn about your options. Call our Charlotte office today to schedule a free consultation today.
What could happen to me if I am arrested for DWI with a minor child in my vehicle?
DWI is punished harshly in North Carolina and can have long-term consequences in your life. However, your sentence can be even more severe if you are arrested for DWI with a child present in your motor vehicle.
Enhanced Penalties You May Face for DWI With a Child Present in Your Vehicle
In 2011, “Laura’s Law” was signed into law. It was named after Laura Fortenberry, a 17-year-old teen killed in 2010 in an accident with a drunk driver who had been convicted of DWI three times in the past. Under this law, there are increased fines and penalties for subsequent DWI convictions and more severe penalties when a child is in the vehicle of a person arrested for driving while intoxicated.
Driving while intoxicated with a child present is considered a grossly aggravating factor that will automatically result in the second harshest level of punishment, which is a Level One punishment. Three types of passengers can result in these enhanced penalties:
- Child under 18 years old
- Individual with the mental capacity of a child under 18 years old
- Individual with a physical disability that would prevent him from leaving the vehicle at the time the driver was intoxicated
If convicted of DWI, a person can face these Level One punishments:
- A minimum jail sentence of 30 days up to a maximum of two years
- A fine of up to $4,000
- Driver’s license suspension of one year with no possibility of restricted driving privileges
What Should You Do If You Are Arrested for DWI With a Child Present?
If you have been charged with DWI and had a child under 18 years old present in your car, one of your first steps should be to retain an experienced DWI attorney in Charlotte immediately. A skilled lawyer can help you mount a strong defense—even if you are guilty—that can result in the charges being dismissed or reduced to a less serious offense with less severe penalties. To learn about our extensive experience in these cases and how we can assist you, call our Charlotte office to schedule your appointment today.
Do I have to tell my employer about my DWI arrest?
You face a number of harsh penalties and long-term consequences if convicted of DWI in Charlotte. A possible jail sentence, fines, suspension of your driver’s license, and a permanent criminal record are a few. Another immediate worry that you may have is whether or not you have to disclose your DWI arrest to your employer and how this could affect your job.
Are You Required to Report a DWI Arrest to Your Employer?
Fortunately, it is not a requirement of most jobs that employees disclose a DWI arrest. However, there are a few situations when disclosing this information is required:
- Employee contract or handbook. Some employers have a provision in an employee contract or handbook requiring employees to disclose certain criminal offenses. It is important to read the applicable contract or handbook sections to determine what offenses must be disclosed and whether the requirement is to tell the employer about an arrest or a conviction.
- Certain jobs. Truck drivers, postal workers, air traffic controllers, and other employees who drive for their job may have a duty to disclose a DWI arrest to their supervisor for insurance purposes. In addition, individuals in the military must report a DWI to their chain of command.
- Security clearance. Some security clearances require employees to report a DWI arrest. It is important to review the security clearance paperwork to determine if this is a condition of the security clearance.
- Company car. Employers often require employees who drive a company vehicle to disclose DWI arrests because of insurance issues.
- Professional license. Individuals who have a professional license, such as a doctor, lawyer, nurse, dentist, pharmacist, and real estate agent, may have to report an arrest for DWI to their licensing board. However, some licensing boards only require this when a license is issued or renewed.
Should You Disclose a DWI If You Do Not Have to?
It will depend on your individual circumstances on whether you want to voluntarily discuss your arrest with your supervisor or boss. If your company does periodic background checks on employees where this information would be discovered, you may want to be honest and tell your employer. This can allow you to discuss the circumstances of your arrest in the best possible light.
Have you been arrested for DWI in Charlotte? Our experienced DWI attorneys can help you build a strong defense to the charges you face and determine whether you must report your arrest or conviction to your employer. Call our office to schedule a free consultation today.
How do I waive a traffic ticket?
In North Carolina, you are often required to attend a court hearing where a judge sets your fine and other punishments if you receive a traffic ticket. However, in some cases, you can waive a traffic ticket, which is a way that you can resolve your traffic ticket without the need to attend a court hearing.
Three Options for Waiving a Traffic Ticket in Charlotte
When you are waiving a traffic ticket, you are pleading guilty and paying the fine and costs before the scheduled court hearing. You can only waive certain offenses, and there are currently over 40 traffic violations that qualify. Some examples include exceeding a safe speed, not wearing a seat belt, not yielding for a pedestrian, and failing to yield at a stop sign.
You have three ways to waive your traffic ticket. Your traffic ticket should state whether the infraction is waivable and include waiver instructions. Here is how you can do this:
- Online. You can waive your ticket online through the North Carolina Judicial Branch’s online services. You would need to pay the fine and costs with a credit or debit card before your court hearing date.
- In person. To waive your ticket in person, you must sign the waiver portion of your traffic ticket in front of the court clerk or magistrate and pay what you owe. You can pay by cash, certified check, cashier’s check, money order, credit card, or debit card.
- By mail. You also have the option of waiving by mail. To do this, you must date and sign the waivable part of your citation and mail it with your payment to the Clerk of the Superior Court of the county where you were ticketed. The address to mail the signed citation and your payment to should be listed in the waiver instructions on the ticket. You can only pay by certified check, cashier’s check, or money order.
How to Decide Whether to Waive a Traffic Offense
While you may believe it is easier to just waive a traffic offense and pay the fines and costs that you owe, this may not be in your best interests. Besides the hefty fine you must pay, you could face long-term consequences, such as points on your driving record and increased insurance costs.
Before making a decision on whether to fight a traffic ticket or waive it, you should consult with an experienced Charlotte traffic ticket lawyer. You may have defenses, even if you are guilty, that can result in the ticket being dismissed or reduced to a less serious infraction. Our lawyers can explain your options to you and may be able to represent you at your court hearing so that you do not need to attend it. To learn more, call our Charlotte office to schedule a free consultation today.
What can I do if I cannot afford to pay my traffic ticket?
Traffic tickets are treated very seriously in North Carolina. Unless an infraction is a minor one that is a waivable offense, you will need to attend a court hearing to find out the fine you must pay. You can face even harsher penalties if you ignore the ticket or do not pay the fines within the time period set by the judge.
What to Do If You Cannot Afford to Pay Your Traffic Ticket in Charlotte
Fortunately, you do have options if you have low income and truly cannot afford to pay your traffic ticket. Here’s what you should do in this situation:
- Request a reduction. If you have proof of your income that shows that you cannot afford to pay the ticket amount, you can provide this documentation to the judge and ask for a reduction in the amount of your fine or a payment plan. A number of North Carolina jurisdictions allow alternate payment plans.
- Obtain an extension. If you need to wait until your next paycheck or until you receive other anticipated funds to pay your ticket, you can request an extension to pay the fine. You may need to provide documentation when asking for this.
- Ask about traffic school. The judge may permit you to take a traffic school course instead of paying all or part of your ticket. However, it is important to ask the judge about this option before paying to enroll in a class because this is not always an option.
- Offer community service. You may be able to perform community service instead of paying your fine if you cannot afford it. Again, it would be up to the judge to grant your request.
- Fight your ticket. Even if you are guilty of the traffic offense, you may have defenses that you can use to fight the ticket. This can result in the ticket being dismissed or reduced to a less serious offense with a smaller fine that you can afford to pay. It can also mean less harsh long-term consequences—which can include a permanent criminal record, points on your driver’s record, and higher auto insurance costs.
We’re Here to Help If You Cannot Afford to Pay Your Traffic Ticket
Are you having problems paying a traffic ticket fine in Charlotte? Do you need assistance fighting your traffic ticket? Our experienced traffic ticket attorneys are here to help. To discuss your situation and learn what options are best for you, call our Charlotte office or start an online chat to schedule your free consultation today.
What does it mean to waive a traffic offense?
In North Carolina, being issued a traffic ticket is a more serious offense than in other states. For many tickets, you must attend a court hearing in order to learn your punishment. However, if you were given a ticket for certain minor offenses, you have the option of waiving the traffic offense.
Waiving a traffic offense is choosing to resolve your traffic ticket without going to court. You do so by paying the fine and cost before your court hearing. Offenses, when this is permitted, are often referred to as “waivable” offenses because you are waiving or giving up your right to go to court and fight your ticket. You are pleading guilty to the offense, and the court will treat your criminal case as if you plead guilty.
Examples of Traffic Violations That Are Waivable
There are currently over 40 speeding and other traffic offenses where a court hearing can be waived. Some of these include:
- Speeding over the speed limit as long as it is not over 80 miles per hours
- Exceeding a safe speed
- Failure to use seat belts
- Cell phone usage by a driver under 18 years old
- Possession of an open container of alcohol in a vehicle
- Failing to stop for a stoplight or a stop sign
- Failure to yield to a pedestrian
How Can You Tell If Your Traffic Ticket Is Waivable?
The police will often note on a traffic citation whether it is a waivable offense, and, if so, the fines and costs that would have to be paid to waive it. In addition, each year the chief district judges review and publish a list of waivable traffic violations. You can find a current waiver list on the North Carolina Judicial Branch website.
Are you considering waiving your traffic offense? This may not be in your best interests if you have defenses that may result in the ticket being dismissed or reduced to a less serious offense. Our experienced Charlotte traffic ticket attorneys are here to explain your options to you and to fight for the best possible option in your case. Start an online chat to schedule a free consultation today to learn more.