North Carolina Traffic Citation – North Carolina Traffic School

North Carolina traffic citation is shown to people who break traffic laws. The degree of North Carolina traffic citation varies on the basis of traffic offence you are charged for. There are basically two types of moving wavers imposed by the North Carolina Magistrates Associations. The following point laid under specifies the condition in which you become liable to North Carolina traffic citation.

Waivable Traffic Citation:

Speeding Violation:
Speeding violation is one of the most common citations that people face. When you drive over a specified limit over 55mph but not over 80 mph.
Driving without, or with expired non-commercial driver’s license (except when revoked or suspended), or operating motorcycle without proper license endorsement, or knowingly permitting an owned vehicle to be so operated, or violating restrictions on graduated licenses.

North Carolina Traffic citation can be waived only upon the execution of your written waiver of appearances and trial. It can also be waived through your plea of guilty or acceptance of responsibility to the offense(s) as on the traffic citation.

o Exceeding a safe speed $ 35 and costs

o Speeding in a school zone or on school property $ 50 and costs

o Driving too slowly $ 25 and costs

o Speeding in a work zone $ 250 and costs

o Failure to reduce speed to avoid accident. $ 50 and costs

Non-Waivable Traffic Citation:
For the North Carolina traffic citation offenses require a mandatory court appearance and may not be waived. If a citation has a charge that is waivable and one that is not waivable. For all those traffic offenses which are waivable and non waivable you will have to appear in court against the North Carolina traffic citation.

As to traffic offenses: The date, time and location of the court appearance are indicated on the front of the citation. Failure to appear for a traffic citation will cause the revocation of the privilege to operate a motor vehicle in this state or any other state where you have a license to operate a motor vehicle.

North Carolina Traffic School is a registered and an authorized course which is also approved by the DUI/DMV/DMW departments. The course helps you clear your traffic citations and improves your driving record. Many of the times people are suggest by Traffic officers to take up this court ordered traffic safety course. North Carolina Traffic safety course has proved really successful in removing your traffic allegations and traffic citations.

Mistake on Traffic Ticket – Don’t Let This Happen to You!

Traffic is one hell of a mess that every driver has to go through every single day. Worst is when are caught up in a traffic violation and issued a traffic ticket that in the first place is not really your fault. Are you just going to sit there and accept defeat? On the other hand, are you going to stand up for your rights? Nevertheless, is there really such a thing as mistake on traffic ticket?

There are two kinds of drivers: licensed drivers who unintentionally make infrequent mistakes and licensed drivers who intentionally disobey traffic laws. Anyhow, knowing the extent of your driving responsibilities to secure yourself from receiving mistake on traffic ticket violations is still a smart way to daily driving.

A pull over is a dread to most drivers; this may mean a whole lot of things, of course. So what do you really need to do when a police officer asks you to pull over? Well, for one, identify first if it is a genuine police car; then, pull over quickly but safely near the area of violation. You need to show to the officer that you are ready to cooperate for whatever reasons it may be. Besides, if you were still near the area of violation, it would be very easy for you to dispute about the violation since you have a ready observation of the place. So this case would also mean that you may have the chance to argue about the mistake on traffic ticket issued to you.

After pulling over, turn the engine off and roll down your window with your hands again placed on the steering wheel. Do not do anything more like rummaging through your belongings; any movement may seem to be an alarming signal to police officers, because instances like this have killed many police officers in the past. Only go over your stuff when the police officer asks for any documentation from you. Give the police officer the proper documentation that he needs. Always respond nicely to show your cooperation with the situation.

During the conversation, do not admit any guilt at once. Provide a simple yes or no first to the officer’s questions. Never try to bribe or say anything bad to a police officer; it is going to be used against you, if the officer decides to issue you a ticket. As soon as you accept the traffic ticket, check out the information if it is complete, because if the officer writes down incorrect information, it may be a powerful evidence for your court defense. If you still think that there was a mistake on traffic ticket issued to you, you might as well wait for court hearings to defend your point.

So does it really happen, issuing a mistake on traffic ticket? Some critics of traffic laws say that there is some sort of a quota for traffic tickets, so it gives everyone the notion that police officers may also be trying to meet the quota, without you really violating an act. Well, who knows? The most important thing is that you know your rights, and that you are not violating the act accused to you.

Moving Traffic Violations

A moving traffic violation occurs when a vehicle in motion violates a traffic law. The most encountered moving traffic violations are speeding, driving without a valid driver’s license, driving without insurance, driving under the influence (DUI) and reckless driving.

  1. Speeding You might receive a traffic ticket if violate the law restricting the speed at which a vehicle may travel. There are two types of speed restrictions:
    • Absolute speeding restrictions that specify the maximum speed allowed in certain areas. If you get caught driving one mile over the specified speeding limit you are eligible to be charged with a traffic violation. While not impossible, absolute speeding tickets are very hard to fight in court.
    • Presumed speeding restriction that requires the drivers to drive their vehicles at a speed is reasonable certain circumstances. For example, if the speed limit on the highway is 70 MPH, but during rush hours all the vehicles are traveling with 75 MPH, you might be allowed to go over the specified speed limits. You may still get a speeding ticket. The determination whether or not you committed a traffic violation is at the police officer’s discretion. Presumed speeding tickets are easier to fight in court.
  2. Driving Under the Influence (DUI) In any state you are committing a traffic violation if operating a vehicle while under the influence of alcohol and/or drugs. The DUI law makes it unlawful to operate a vehicle if:
    • Your ability to safely operate a vehicle is you are under the influence of alcohol, illegal drugs or prescribed medications such as painkillers
    • You are intoxicated under a level above DUI standards, which varies state by state.
  3. Driving Without a Valid Driver’s License In most states you are committing a traffic violation if:
    • You have never been issued a driver’s license from the state department of motor vehicles
    • If you have your driver’s license temporarily suspended
    • If you had your driver license permanently revoked
  4. Reckless Driving Many states have laws to prohibit the drivers to operate a vehicle in a way that shows reckless disregard for the safety of other people. Called ‘reckless driving’ in some states, or ‘careless driving’ in others, it is considered to be one of the most serious traffic violation. Some acts that are automatically considered ‘reckless driving’ include but are not limited to:
    • Driving 25 MPH or more over the speed limit
    • Racing another vehicle
    • Refuse to stop when prompted to and trying to elude a police officer.

Got a Traffic Ticket – Now What?

PLEASE NOTE: This article only applies to traffic citations received in North Carolina. This article is designed for general information only. The information presented in this article should not be construed to be formal legal advice nor the formation of an attorney/client relationship.

Traffic laws are frequently violated by many people, but there are consequences to violation of those laws, primarily financial. As a private citizen or a business owner, everyone is subject to those costs if you, a member of your family, or one of your workers is convicted of a traffic violation. This article is intended to better help you understand those consequences. I have spent time as an assistant district attorney prosecuting traffic cases, and I have worked as a defense attorney defending traffic citations. Hopefully, some of my observations will be helpful to you.

First, what should you do if you get stopped and get a ticket? A good start is to cooperate with the officer. He or she is just doing their job, and the officer has some discretion as to whether to cite you for every violation that he or she finds. However, because you could be facing criminal charges, do not admit to any violations. If you admit the violation, that admission may be used against you in court. Keep your conversation with the officer to a minimum. The cooperation with the officer should consist of being polite and following the officer’s instructions. I also recommend that you be polite to the officer. It has been my experience that officers frequently remember the persons that were polite to them. If the officer mentions that fact to the assistant district attorney (ADA) that handles your case, it is more likely that the prosecutor may give you a break. Also, keep in mind that some officers make notations on their copy of the citation that indicates whether a person was rude or obnoxious to them. This notation will not show up on your copy of the citation and will only hurt you in negotiating with the ADA.

Second, don’t get angry. Getting angry will not do you any good and may tempt the officer to cite you for a minor violation that he or she might otherwise overlook, such as a burned out taillight or an expired inspection sticker. If the officer has decided to write you a citation, your anger is certainly not going to change the officer’s mind.

Once you have received the citation, what do you do then? If the violation is “non-waivable,” then you must appear in court at the time and time specified on your citation and either plead guilty or defend yourself. Examples of non-waivable offenses include driving while license revoked (DWLR) and driving while impaired (DWI). For serious traffic offenses such as these, you should strongly consider hiring an attorney to represent you. If you cannot afford an attorney, you should consider asking the judge to appoint the public defender or a private attorney to represent you. (Some counties in North Carolina have public defender’s offices, but most do not. If there is no public defender office in the county where you must appear, then the judge may appoint a private attorney to represent you.) Depending on your prior criminal record, a conviction for some non-waivable offenses could result in active jail time and a fine. Therefore, if you have a prior criminal record, it can be more important to at least consult with an attorney before appearing in court.

If the traffic violation is minor and is considered “waivable,” you can pay the ticket without appearing in court. However, this is not always a good idea. However, keep in mind that, by paying the citation, you are pleading guilty to the offense and inviting all of the consequences that may be imposed by your insurance company and the North Carolina Department of Motor Vehicles. If the offense is sufficiently minor, such as a citation for an expired inspection sticker, you can pay the citation without incurring insurance points or driver’s license points (see discussion below of the point system). If you do decide to pay the citation, (1)pay it on time, (2) pay the payment with a cashier’s check, not a money order (money orders are more difficult to trace if lost in the mail), and (3) hand deliver the payment to the Clerk of Court or send the payment by commercial delivery service (such as Fed-Ex or UPS), or by certified mail so that you have proof the payment was received and can track the payment if necessary. If you pay in person, the Clerk should give you a receipt that indicates your case docket number, how much you paid, and what the payment was for. If you send the payment by mail or carrier, provide the Clerk of Court with a stamped, self-addressed envelope in which to return the receipt and include a note asking the Clerk to return the receipt in the provided envelope. Also, you should keep the receipt in a safe place to guard against administrative errors in logging your payment.

However, before you pay a citation, keep in mind that many waivable offenses have financial consequences that are not immediately apparent but can continue for years. In those cases, rather than blindly paying the ticket, you may want to hire an attorney to help you through the court system and possibly minimize the consequences. The consequences of a seemingly minor citation can be severe. For example, a conviction for speeding 81 mph in a 70 mph zone in N.C. will cause your license to be revoked for at least 60 days and will cause your insurance company to impose four (4) insurance points, resulting in a 90% rate increase for the next three years! If, for example, your insurance coverage cost you $1000.00 per year before such a conviction, then your insurance would cost you $1,900.00 per year after a conviction for speeding 81 mph in a 70 mph zone. If you hire an attorney to represent you, that attorney might be able to convince the assistant district attorney to reduce the citation to a lesser violation that might protect your privilege to drive and/or prevent your insurance rates from increasing.

Even if you decide to pay a traffic citation rather than fight it, before paying the citation, you should consult an attorney so that you will understand the consequences of pleading guilty. Many attorneys, including myself, will give you a free telephone consultation and explain your options. Other reasons for consulting an attorney on a traffic citation include these: (1) The district attorney offices in different counties in North Carolina deal with traffic citations differently, with wide variations from county to county. Unless you consult with a local attorney, you will not know what to expect with your citation in that county. (2) If you hire an attorney, except for DWI, DWLR, and other serious traffic offenses, you will usually not need to come to court. (3) An experienced traffic attorney is usually more likely than a non-lawyer to be able to achieve a good result. An experienced traffic attorney knows the local court system, the law, the court rules, the local prosecutors, and the local judges and will know what results to expect in most cases.

If you are considering acting as your own attorney, keep in mind that it is frequently a bad idea. You will be going up against an experienced, licensed Assistant District Attorney, who will probably prevail over you at trial. Before that ADA got to court, he or she graduated from a four year college, completed three years of law school training, passed a difficult two day bar examination, and probably has already tried and convicted multiple other defendants. You may consider talking to the DA and asking for a reduction yourself. However, unless you speak with an attorney before you come to court, you may not have any idea what kind of offer to expect from the ADA or whether any plea offer made by the ADA is reasonable. You should speak with an attorney before you go to court so that you are better informed as to whether to accept a plea offer. Also, it is not a good idea to go to trial without an attorney by your side, as you will be at a severe disadvantage at trial unless you are an attorney.

Last, I need to mention North Carolina’s point systems. If you are convicted of a moving violation, either because you plead guilty or because you were convicted after a trial, then there are consequences in the form of points that are administratively applied. There are two systems for points, – insurance points and driver’s license points. Insurance points are assigned by your insurance company, and driver’s license points are assigned by the North Carolina Department of Motor Vehicles. Insurance points determine your insurance rates, and driver’s license points determine whether you can keep your privilege to drive. A table showing the insurance points assessed by insurance companies in North Carolina is on the Insurance Commissioner’s website at http://www.ncdoi.com/Consumer/consumer_publications.asp. (Click on the link on that page to “Safe Driver Incentive Plan.”)

Insurance points translate to increased insurance rates. Insurance points are assigned based on the relative severity of various traffic violations and on the number and severity of accidents the driver has. For example, a driver with a clean record with a conviction of speeding 81 mph in a 70 mph zone will cause four (4) insurance points to be assessed, resulting in a 90% insurance rate increase for the next three years. Also, that same conviction will cause the driver’s license to be suspended.

Driver’s license points are imposed by the N.C. Department of Motor Vehicles upon a report from a Clerk of Court office that a person has been convicted of a traffic offense. Driver’s license points affect your ability to continue to have the privilege to drive in North Carolina. Under North Carolina law, if you accumulate sufficient points, your license will be suspended for at least 60 days.

In summary, if you get a ticket, be polite and cooperative with the officer. After you receive the ticket, consider hiring a local attorney. At a minimum, you should consult with a local attorney to help you determine the proper course of action.