FAQ: Traffic

Traffic Violation Information

If you believe that you or someone close to you may have a Traffic matter and may require legal counsel, please fill out the contact form. Below are some important information regarding a Traffic Violations or Speeding Ticket issue.

Law enforcement officers have gotten vigorous in issuing traffic citations or tickets. These include Speeding, Speeding in Work Zone, Speeding in a School Zone, Improper Turn, Passing a Red Light, Passing a Stop Sign, Improper Passing, Reckless Driving, High Occupancy Vehicle Lane Violations, Unsafe Movement, and Improper Equipment.

The officer said that if I go to Traffic School and get a Prayer for Judgment Continued (PJC), my traffic ticket won go on my insurance. Is that true?

After giving you one or more traffic tickets, the officer will then gratuitously give faulty legal advice about how you should handle the ticket that he just gave you. The Officer may encourage you to go to the Driving School (Defensive Driving School) to get a Prayer for Judgment Continued (PJC), telling you that your insurance and/or drivers license won't be affected.

However, the "Driving School" and/or a "PJC" are rarely worthwhile options for a first- or even second-time offender. Many traffic tickets can be handled in a way that doe not require you to spend hours at a Traffic School. Even if you go to the Driving School and get a Prayer for Judgment Continued (PJC"), your insurance company may still increase your premiums, even if you have a clean Drivers License Record.

The officer has to give me correct advice, so should I just follow his advice?

No. The officer who just gave you a citation is not your attorney. He is not knowledgeable about Traffic law and he is not really 100% on your side, even if he means well. Your best interests will be served by an experienced Traffic attorney who is knowledgeable about Traffic law, Traffic courts and the insurance system AND who is legally obligated to fight for you. Many people unwittingly follow the officer's advice and find out months later that their insurance premiums are skyrocketing, or even that their driver's license is now revoked or suspended.

Wouldn't it be easier and/or cheaper to just mail in a check and pay it?

No. When you mail in your traffic ticket, it is a guilty plea that frequently can not be reversed, even if you say that you were relying upon the officer's advice. You may lose your drivers license and/or have an increase in your insurance, depending on your record. And it is not uncommon for payments that have been mailed in to get lost in a busy traffic court clerk's office, resulting in a revocation/suspension of your driver's license.

Wouldn't it be cheaper to just go to court by myself?

Probably not. After already having spent time in traffic getting to court, then looking for parking, often people spend hours in a crowded courtroom waiting to be heard. When their traffic case is finally called, they are then on their own, going head to head with a prosecutor, who is an experienced lawyer whose intention is most often to get a conviction. Your conviction. And the prosecutor can NOT, will NOT and should NOT give you advice as to how your traffic conviction will affect your drivers license or insurance. An experienced traffic lawyer knows how to present your case in the most favorable light, when to present it and to whom it should be presented.

The officer said he would tell the judge that I was cooperative and help me out when we goto to Traffic court.

The officer giving you some help is no match for what an experienced lawyer can do for you. I can give you far more help where and how it matters than the officer ever can.

But it's just a traffic ticket, right?

Not necessarily. Some traffic tickets are Misdemeanors and your guilty plea constitutes a criminal conviction, which becomes a public record for future employers, colleagues, customers, busy-bodies, etc to see.

North Carolina Drivers License Points System

Schedule of point values for conviction of violations while operating a commercial motor vehicle:

No points shall be assessed for convictions of the following offenses:

• Over loads
• Over length
• Over width
• Over height
• Illegal parking
• Carrying concealed weapon
• Improper plates
• Improper registration
• Improper muffler
• Improper display of license plates or dealer's tags
• Unlawful display of emblems and insignia
• Failure to display current inspection certificate

Any person who commits an offense for which points may be assessed for violations while operating a commercial motor vehicle may be assessed double the amount of any fine or penalty authorized by statute.

Table of Insurance Points (North Carolina Insurance Points System)

12 Points

• Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle. (Felony)
• Prearranged highway racing or knowingly lending a motor vehicle to be used in a prearranged race.(Felony)
• Failure to stop and render aid when involved in an accident resulting in bodily injury or death (hit-and-run driving) (Felony)
• Impaired driving, including driving a vehicle while under the influence of an impairing substance; driving a vehicle with an alcohol concentration of 0.08% or more; and driving a commercial vehicle with an alcohol concentration of 0.04% or more (a revocation pursuant to G.S. ¤20-16.5 is not a conviction). (Misdemeanor)
• Transportation of intoxicating liquors for the purpose of sale. (Misdemeanor)

10 Points

• Highway racing (not prearranged) or knowingly lending a motor vehicle to be used in the race.
• Speeding to Elude

8 Points

• Operating a motor vehicle during a period of revocation or suspension of either the driver's license or vehicle registration. (Misdemeanor)

4 Points

• Failure to stop and report when involved in a motor vehicle accident resulting in property damage only (hit-and-run). (Misdemeanor)
• Reckless driving. (Misdemeanor)
• Passing a stopped school bus. Speeding in excess of 75 miles per hour (mph) when posted limit is less that 70 mph. (Misdemeanor)
• Speeding in excess of 80 mph when limit is 70 mph or greater
• Driving by a person under 21 after consuming alcohol or drugs

2 Points

• Illegal passing
• Speeding more than 10 mph over the limit, if total speed was in excess of 55 mph but less than 76 mph.
• Speeding 10 miles or less in excess of limit in speed zone of 55 or greater*
• Following too closely.
• Driving on the wrong side of the road.

1 Point

• Speeding 10 mph or less in excess of a speed limit of less than 55 mph*
• Any other moving violation.

Insurance Surcharge Table

You can see the Drivers License Points System in its entirety by clicking here.

These are questions that I, as an experienced attorney and Certified Specialist in State Criminal Law, will look at in determining strategies to try to get your case dismissed. Depending on your case, there may be other ways to get a case dismissed. Call me or fill out the contact form for an individualized assessment of your case. Some people will tell you that your case cannot be won. That's because they don't try.

THE COURT SYSTEM IS VERY COMPLICATED AND THE LAW CHANGES DAILY. I CAN ANSWER THESE AND OTHER QUESTIONS ABOUT CRIMINAL LAW. I AM AN EXPERIENCED ATTORNEY WHO HAS BEEN CERTIFIED BY THE NORTH CAROLINA STATE BAR AS A SPECIALIST IN STATE CRIMINAL LAW.