North Carolina Traffic Violations Legal Questions

If a warrant is active, the only way to address it is to turn yourself in or contact an attorney to have them request that the warrant be stricken. In many counties, attorneys can contact the DA's office and seek consent to have the judge strike the warrant and reschedule your court date. ... Read More

I cannot tell you whether you could get it reduced on your own.  It will depend on how good your legal skills are, among other things.  However, an actual attorney can probably get that reduced for you.  You should contact an experienced traffic attorney who is located near the county in which you got the ticket.  They can also handle the case without you having to take time off of work to come to court yourself.  Good luck. ... Read More

It will depend on what the tickets are for, where they are located, and whether they have current courtdates, or failures to apprear.  It will also depend on whether the charges are for trial, or not.  You should contact an experienced traffic attorney in your area to speak confidentially about this matter.  Once they have the above information, they should be able to tell you how much it will cost to clear them all up.  ... Read More

This is not an uncommon situation.  The more sophisticated the states’ computer systems get, the more they talk to each other, and many more people are getting caught by charges they had in the past, when the states’ computers were not talking to each other like they are now.  In order to fix your problem quickly, you need to contact the NC DMV first to find out what charge is causing the revocation in NC.  Then you need to contact an attorney in or near that county to handle whatever charge the DMV says is causing your revocation, and clear up your record in NC.  After that is done, you must pay a restoration fee to the NC DMV, and they will issue you a clearance letter that you can use in your state to get your license. ... Read More

If you are asking whether these DWLR charges will just go away since you left the state  and did not handle them, the answer to that is No.  They will be here waiting for you when you get back.  They would have been Dismissed with Leave (to Re-Open), and your license will remain revoked until you handle them all.  Regarding the probation violation, the current status of that depends on what the probation officer did with it after you left.  Nevertheless, if you did not successfully complete probation, there is likely another "Failure to Comply" on your driving record blocking your attempts to get re-licensed. ... Read More

You have 10 days from the date of conviction to file an appeal.  Once the case has been appealed to Superior court, you will have to deal with the DA who is handling it in Superior Court to see what deals they will offer you if you get your driver's license back.   I would suggest you retain an attorney while the case is still in District Court, as he or she may be able to secure additional continuances, and to resolve your case favorably without the added time and expense of dealing with the case in Superior court. ... Read More

Having a driver's license is a privilege, not a right.  You may have the freedom to travel on the highways, but not to drive on the highways if you do not posess a valid driver's license.  You can walk, run, or ride as a passenger in someone else's vehicle, but you are not allowed to drive with out a valid driver's license.   ... Read More

The answer depends on whether or not you had a license at some point and it was revoked or you never obtained a license at all.  If you had a license and it was revoked in the past, a speeding conviction would result in your license being suspended for another year starting on the date of conviction.  The “date of conviction” means the day that you either plead guilty to speeding or pay the fine associated with the speeding ticket.  By paying the speeding ticket, you automatically admit guilt.  On the other hand, if you have never had a license, a conviction will accrue points against your driving record.  In the event that you apply for a license in the future, the DMV will have notice of prior speeding tickets and your driver’s license will already have accumulated points. ... Read More

If you were convicted of going 65 in a 55 and the offense was reported to North Carolina, you would accrue 3 points against your license and 3 points against your North Carolina insurance.  If, however, it was reduced to 9 miles over or less you would still receive 3 license points but there would be no insurance penalty.... Read More

Generally, a prosecutor will reduce your speeding offense but the thresholds differ from county to county in North Carolina.  Your best bet is to contact an attorney in the county in which you were charged.  If you email me with the name of the county, I may be able to provide you with more information.... Read More

It's important to know why you want to know because I cover 8 counties, but there are over 100 in North Carolina.  Covering anymore than this would be impractical.  I would call around and see which attorneys would be able to help you in the specific areas that you need assistance in.  ... Read More

Our courts take the failure to appear very seriously.  If it was an honest mistake, then you have 20 days to correct this failure to appear, (before November 1st).  Sometimes, depending on the charge, the judge can issue an order for your arrest if you failed to appear.   If this is the case, you may  want to contact an attorney because if you personally go to the courthouse to correct this, it could result in your arrest.  If you want to try and handle this yourself, you'll need to contact your county's district attorney's office in order to have your case rescheduled.  ... Read More

Traffic school in and of itself will not necessarily help you to clear up a ticket.  The rules in each county vary as to whether or not you can attend driving school to clear up a ticket.  In Gaston County where I practice we refer people Kathy Allen at Carolina Driver Improvement.  Her phone number is 980-230-9967.      ... Read More

       You need to hire a lawyer to Strike the Failure to Appear to avoid the $200 FTA fee and restoration fees. Call a criminal lawyer in the County you recieved the ticket.  If you have a valid Ohio license they can poabably get this ticket dismissed.   Charlotte Criminal Lawyer... Read More

You should definitely hire an attorney. Usually, there is a fine for Failure to Appear in court of $200. Most times, an attorney can get that stricken for you, saving you $200 to use towards his fee. There is no reason for you to have to come back to NC. In most cases, an attorney can show up in court for you after you sign a "waiver of appearance" form. A sample is available on my website here: http://rjshooklaw.com/resources/documents/ Once the attorney strikes your failure to appear, the suspension should be lifted from your license within about a week.  You may also want to call the clerk of court in the county where you failed to appear to make sure that you don't have an order for your arrest in that county. Summing up, hire an attorney for this. It will save you time, money, and grief!... Read More

The following response is for general information purposes only and is not to be construed as legal advice. Below is the statute which pertains to this offense.  The short answer to your question is that the person who is in possession of the open container (i.e. back-seat passenger with beer in cup holder next to him) will be charged with the offense as well as the driver of the vehicle in which there is an open container IF the driver has consumed alcohol and the alcohol is still in the driver's body.  The passenger area of the vehicle is defined in the statute as "the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment."  I have provide a link to an article written by the North Carolina School of Government which sheds some light on this topic. § 20-138.7. Transporting an open container of alcoholic beverage. (a) Offense. - No person shall drive a motor vehicle on a highway or the right-of-way of a highway: (1) While there is an alcoholic beverage in the passenger area in other than the unopened manufacturer's original container; and (2) While the driver is consuming alcohol or while alcohol remains in the driver's body. (a1) Offense. - No person shall possess an alcoholic beverage other than in the unopened manufacturer's original container, or consume an alcoholic beverage, in the passenger area of a motor vehicle while the motor vehicle is on a highway or the right-of-way of a highway. For purposes of this subsection, only the person who possesses or consumes an alcoholic beverage in violation of this subsection shall be charged with this offense. (f) Definitions. - If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section. For purposes of this section, "passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. The area of the trunk or the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle shall not be considered part of the passenger area. The term "alcoholic beverage" is as defined in G.S. 18B-101(4). ... Read More