​ It is rare to see an ADA outright dismiss a speeding ticket, although they do routinely dismiss other tickets such as seat-belt violations or tickets that result from an accident with an insurance letter.
If you do not appear on your designated Court date a failure to appear will be entered that will eventually revoke your license. Before your license is revoked the DMV should send a letter to the address on your license- another reason to keep your information current with the DMV.
Yes- although that may or may not be a good idea. In some counties lawyers are able to obtain the best outcome by selecting a better Assistant District Attorney (“ADA”) to negotiate your ticket or simply knowing what to say that may result in a reduction.
If you were in an accident make sure you bring an insurance letter stating that your insurance company has accepted responsibility for the accident. Some ADA’s want the insurance letter to state exactly how much has been paid to the other driver for their property damage and medical bills.
The DA represents the State which is prosecuting you and hence they are not allowed to give you legal advice of any kind. All of the following questions constitute legal advice and cannot be answered by the DA:
In some counties lawyers are able to obtain the best outcome by selecting a better Assistant District Attorney (“ADA”) to negotiate your ticket or simply knowing what to say that may result in a reduction.
North Carolina moving violations are serious offenses and the Division of Motor Vehicles (DMV) does not take them lightly.
After motorists receive a traffic citation in NC, they may fight the traffic ticket in court if they do not intend to plead guilty to the violation or they may waive their right to appear in court and pay the fine. If motorists wish to dispute their traffic violation and plead “not guilty” to the offense, they must go to court to do so.
After receiving traffic violations for offenses such as speeding, running a red light, or making an improper U-turn, motorists may hire an NC ticket lawyer to help them decide whether they should plead guilty to the offense or contest it.
If drivers wish to plead guilty to a traffic violation, the DMV and the Chief District Court may allow them to waive their traffic offense and pay the fine without going to court. If drivers can waive their motor vehicle offense, the back of the citation will say so.
Did you know that less than 5% of Americans challenge traffic tickets? Even though speeding tickets and traffic citations cost hundreds of dollars in obvious, up-front costs — and even more in insurance premium increases and points to your license — most people think it’s a “waste of time” to contest them. It’s not.
North Carolina traffic violations are expensive — they are much more costly than you probably realize. In addition to the average $100-$150 of the ticket itself, your ticket costs you hundreds, even thousands of dollars more in added insurance premiums.
Paying your traffic citation through the mail is a guilty plea. Pleading guilty means you will be fined the maximum amount allowed by law. If you plead not guilty and you ask for a court date, you stand a very good chance of reducing your fine, reducing the points on your license, and protecting yourself from skyrocketing insurance rates.
What is a traffic ticket? A traffic “ticket” is known formally as a citation. A citation is a document that informs people of the charges against them. It commands them to appear in court on a particular date. In North Carolina, traffic offenses are divided into several categories.
A citation is a document that informs people of the charges against them. It commands them to appear in court on a particular date. In North Carolina, traffic offenses are divided into several categories. The first classification are infractions. These include minor speeding violations, and no proof of insurance.
When someone pays off a ticket, they are pleading guilty or responsible to the charge. The consequences of pleading guilty or responsible may be DMV points on your driving record and increased auto insurance rates. Depending on your driving record, it could also result in your driver’s license being revoked.
In some cases, especially in misdemeanor traffic offenses, an Order for Arrest may be issued if you do not appear in court. This order will command all law enforcement agencies to arrest you upon contact. If you discover you missed your court date and have an active order for arrest, hire a lawyer.
If you discover you missed your court date and have an active order for arrest, hire a lawyer. Your lawyer can often negotiate a recall of the order and the scheduling of a new court date. If you have questions about any area of the law call us at the Probst Law Firm at 336-721-9090 to see how we may be able to help you.
Depending on your driving record, it could also result in your driver’s license being revoked. You should always consult an attorney before you decide to pay off a ticket. Even if you are guilty of the charge, an attorney can often negotiate a reduction of your charge with the District Attorney’s office.
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North Carolina’s distracted driving laws prohibit text ing while driving for all motorists and talking on a cellphone for underage motorists and school bus drivers. Type of Violation. Classification.
Driving Without a License. Generally, all North Carolina motorists must have a valid license in their possession while driving. However, there is a range of penalties depending on the circumstances of the violation. Violation. Classification. Fines. Jail Time. Points. Failure to have license in possession.
At a stop sign or stop light, motorists must come to a complete stop before the nearest of a marked stop line, entering the crosswalk, or entering the intersection itself. Right turns on red are allowed so long as the driver makes a complete stop first. Typically, stop sign and red light violations carry the same penalties.
Right turns on red are allowed so long as the driver makes a complete stop first. Typically, stop sign and red light violations carry the same penalties. Type of Violation. Classification. Fines. Points.
An absolute limit is just what it sounds like—the maximum speed a motorist can lawfully drive. The penalties for speeding citations vary depending on the speed, the location of the violation, and the driver’s record.
Accident cases in particular often require multiple court appearances to allow your insurance company to resolve any outstanding claims as a result of the accident. Ideally, once all claims are finally resolved any moving violations can be dismissed upon presentation of a good insurance letter.
​NCGS 20-158 (b) (1) states “When a stop sign has been erected or installed at an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to vehicles operating on the designated main-traveled or through highway. When stop signs have been erected at three or more entrances to an intersection, the driver, after stopping in obedience thereto, may proceed with caution.”
​North Carolina is a contributory negligence state meaning if any party Is fault they will not be able to recover in civil court. This can often make personal injury claims difficult to litigate as insurance companies generally raise contributory negligence as an affirmative defense. Perhaps this is part of the reason police are so quick to assign fault and issue a ticket even when they were not witness to the accident. As stated above the criminal citation often prompts insurance companies to accept liability and resolve the claims.
It is important to call 911 if you have been involved in accident and simply want to drive to a safe location before you pull over.
Usually if you were at fault and your insurance company pay for any property damage or personal injury suffered by the other driver then your ticket can be dismissed with a good insurance letter? What is a good insurance letter? A good insurance letter generally states exactly how much has been paid and that all known claims have been settled.
Car accident plead not guilty. Paying off any ticket is the same of pleading guilty as charged. This can result in admitting civil liability and therefore should be avoided at all costs until speaking with an experienced attorney or your insurance adjuster to confirm all claims have been settled.
​NCGS 20-166 (c) (1) allows for a driver to be charged with a misdemeanor for leaving the scene of an accident and not reporting said accident within a reasonable time.