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 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.
What happens if I don’t pay my traffic ticket in North Carolina?
If you receive a traffic ticket in North Carolina, you should not treat it lightly. Some of them, such as reckless driving and failing to have required auto insurance, are misdemeanor offenses that can result in harsh penalties and a permanent criminal record. In addition, you could face serious consequences if you do not pay your fines.
What Could Happen to You If You Fail to Pay Your Traffic Ticket?
For many traffic tickets, you cannot just pay the fine and must instead attend a court hearing where the judge will decide what you owe and other conditions that you must meet. If you fail to attend this hearing and do not pay your fine, here are the consequences that can result:
- If you miss your court hearing and do not otherwise resolve your case within 20 days of your hearing date, the court clerk will report the violation to the North Carolina Department of Motor Vehicles (DMV).
- If the judge disposed of your case at your court hearing and you do not pay the fine you were ordered to pay by the deadline set by the judge, the court clerk will report your delinquency to the DMV once 40 days from your failure to pay has passed.
- Once the DMV receives a notice of your noncompliance from the court, they will send you a notice advising you that your driver’s license will be revoked unless you resolve your case by a deadline set in the notice. If you still do not comply, your license would be revoked.
You may owe additional administrative fees if you do not attend your court hearing or pay your traffic ticket on time. For misdemeanor offenses, the consequences can be even more severe. Once your license is revoked, you must do the following to have it reinstated:
- Failure to appear. If your violation included not attending your court hearing, you must either resolve your traffic ticket case or convince the judge that you are not the person who was charged with the offense for your license to be reinstated.
- Failure to pay. If you did not pay the ticket, you must pay what you owe, prove to the judge that your failure to pay was not willful and that you are making a good faith effort to pay it, or show why the amount owed should be reduced or considered settled.
Contact a Charlotte Traffic Ticket Attorney
You can avoid these and other serious consequences of a traffic ticket by retaining an experienced Charlotte traffic ticket attorney. To learn how we can assist you, call our Charlotte office or fill out our online form to schedule a free consultation today.
Will I get a ticket if I am caught driving without car insurance in North Carolina?
North Carolina takes the requirement of having automobile insurance very seriously. If you are caught driving without it, you will not receive a minor traffic ticket. Instead, you will be charged with a Class 3 misdemeanor offense and will have a permanent criminal record if convicted.
What Are the Minimum Requirements for Auto Insurance in North Carolina?
In North Carolina, all drivers are required to have a minimum of $30,000 for bodily injury per person, $60,000 in bodily insurance per accident, and $25,000 in property damage per accident in automobile liability coverage. Drivers also must have the same minimum amounts of uninsured bodily injury coverage to protect themselves if they are injured in an accident caused by an uninsured driver.
If a motorist lets his insurance coverage lapse, his insurance company is required to report it to the Department of Motor Vehicles. In addition, a police officer can request to see a person’s proof of insurance when pulling him over in a traffic stop.
What Are the Penalties for Driving Without the Required Insurance?
North Carolina uses a complicated sentencing system that factors in the person’s prior criminal record when he is convicted of committing a misdemeanor offense. If you are charged with driving without the required auto insurance, the penalty you could face will depend on the number of times you have been convicted of this offense. Here are some potential punishments:
- First offense. You will have to pay a $50 civil penalty, $50 reinstatement fee, and could be sentenced to probation for between 1 and 45 days. In addition, your registration and license plates could be suspended for 30 days.
- Second offense. The civil penalty is increased to $100. In addition, the judge could sentence you to jail or probation for up to 45 days. The other penalties are the same as those for a first offense.
- Third offense. The civil penalty for a third and subsequent violation increases to $150. All other penalties are the same as for a second offense conviction.
Questions About Driving Without Insurance?
You may also have points added to your insurance and driving record, which can significantly increase your insurance costs. You cannot afford to treat failing to have the required insurance or other traffic offenses lightly. Let our experienced traffic ticket attorneys help you fight your ticket so that you achieve the best possible outcome in your criminal case. Schedule a free consultation today.
What are the penalties for running a red light or stop sign in North Carolina?
If you receive a traffic ticket for running a red light or stop sign in Charlotte, you may be tempted to handle it on your own and just pay the fine. However, a traffic ticket’s consequences can affect many aspects of your life and may cost you more in the long run if you take this approach rather than retaining an experienced traffic law attorney to help you.
North Carolina’s Traffic Laws on Red Lights and Stop Signs
Like all states, North Carolina has enacted laws regarding how drivers must drive when approaching a stop sign or stop light. Here are some of the rules that people must follow:
- Stopping. When coming to a stop sign or stop light, drivers are required to come to a complete stop at the nearest of the following: entering the crosswalk, reaching a marked stop line, or entering the intersection.
- Right-on-Red Rule. Under North Carolina’s Right-on-Red law, drivers are allowed to make a right turn at a red light after stopping if it is permitted. They must first yield the right of way when making the turn.
- Left-on-Red Rule. It is illegal to make a left turn at a red light in our state.
- Yellow lights. People can get a ticket for running a yellow light in some states. However, in North Carolina, a yellow light is simply a warning that the light will turn red soon. It is legal to be in the intersection when the light is yellow—but not if it has turned red.
Penalties for Running a Red Light or Stop Sign
Running a red light or stop sign is an infraction in North Carolina. Here are possible penalties you face:
- Fine of up to $100
- 3 points on your driving record
- 3 points on your insurance record
If you receive 12 or more points in a three-year period, you could have your driver’s license suspended. In addition, points on your insurance may result in your insurance rates increasing for years after you resolve your ticket.
Talk To A Charlotte Traffic Ticket Lawyer
It is best to retain an experienced traffic law attorney rather than just paying the ticket for a traffic violation. A lawyer can build a strong defense and suggest strategies, such as attending driving school or performing community service, which may help get the ticket reduced. Call our office to schedule a free consultation to learn how we can help you defend against your traffic ticket and reach the best possible outcome for you.