Speeding Ticket and Excessive Speeding Laws – NC DMV Suspensions and Hearings
While most traffic tickets in North Carolina do not result in an administrative suspension or revocation by DMV, there are times when an accumulation of points or multiple traffic citations over a short period of time, may cause problems with your license.
"The NC traffic laws regarding license points, or what our traffic lawyers refer to as DMV points, are relatively complicated. You don't have to be a bad person or Public Enemy #1 to have problems with DMV." - Bill Powers
In some measure this is due to traffic statistics in North Carolina and the correlation between highway fatalities and traffic tickets.
North Carolina Vehicle Accidents / Crash Datum:
- 1,441 fatalities in North Carolina in 2016
- 130,000 Injuries
- Almost 260,000 Reported Crashes
- 94 % of accidents involved residents of North Carolina
- Out-of-state drivers accounted to 7.2 percent of fatalities
- Almost 3/4ths of all accidents took place during daylight hours (7:00 a.m. until 7:00 p.m.)
- For every 100,000 people on NC roadways, 14 people are killed
- 1/3 of all accidents resulting in fatalities involved speeding
At Powers Landreth PLLC we take the time to explain the differences between insurance points in North Carolina and DMV or license points. To be sure, there are similarities. Some citations carry the same points to your insurance in North Carolina and your driver's license.
That's why it helps to have an experienced defense lawyer on your side, guiding you through the process. Most traffic lawyers in North Carolina provide a consultation free of charge. It costs nothing to call an attorney, ask questions, and see what they may be able to do to help.
There are technical differences between a "License Suspension" and a "License Revocation" in North Carolina. Defense attorneys and even NC DMV tend to use the terms interchangeably.
An easy way to think about it is this:
A license suspension is said to "temporary." Your North Carolina driver's license remains in effect. "S" for suspension or "Some Time" or "Something to be done."
A license revocation in North Carolina is just that, your license is revoked. "R" for "Revoked" or "Rats, I need to go to DMV."
You essentially start over and "re-apply" for a license through the North Carolina Department of Transportation (DOT) / Division of Motor Vehicles (DMV).
What Are the Most Common Ways Your License Is Revoked or Suspended in North Carolina?
Two of the more common reasons for suspension are:
- License Suspensions due to excessive speed
- License Suspensions due to too many tickets over a certain period of time
Can I Lose My License Even if I Have a Perfect Record?
Yes, there are some traffic citations that require loss of license in North Carolina. They include, but are not limited to:
- Prearranged Speed Competition (Drag Racing)
- Speeding in excess of 75 m.p.h. on any roadway
- Driving While Impaired DWI
- Failure to Heed Blue Light / Failure to Stop for Law Enforcement
Pay the Traffic Ticket / Negotiate a Plea / Plead Guilty / Plead "Responsible" to Infraction:
- "Plea Bargain" to "Lesser Included Offense"
- Costs of Court
- Possible Insurance Points
- Possible Motor Vehicle (DMV) License Points
Fight the Traffic Citation
- Plead Not Guilty / Plead Not Responsible for Traffic Infraction
- Potentially lose option to Plea Bargain
- Take Traffic Ticket to Trial
- Represent Yourself at Trial / "Pro Se" stands for "For Himself"
- Retain Traffic Ticket Lawyer / Legal Representation
- If convicted, seek minimal fines, costs, and conditions of a judgment
- Request a Prayer for Judgment Continued (PJC) if eligible
- If Guilty, pay Costs of Court, Fines
- If Guilty, possible Driver's License Points and possible Insurance Points
- If Guilty, possible imposition of additional terms of Judgment - Community Service and Driving School
Heading to a DMV hearing after receiving a North Carolina traffic citation (or multiple traffic tickets over time) can be an intimidating experience.
If you don't know much about how the DMV legal system works, you will likely be at a tremendous disadvantage.
"Many people fail to realize the Hearing Officer at NC DMV, the person who decides what will happen to your license, is also the prosecutor. They are given a tremendous amount of discretion in determining your fate and your ability to drive."
People don't always understand the importance of having a valid driver's license in North Carolina. If you can't drive legally, it makes it hard to find and keep a good job. If you choose to drive while your license is suspended or revoked, the chances of having more and more serious problems increases exponentially.
The traffic lawyers at our law firm are experienced in handling both traffic tickets in court, as well as providing legal representation at DMV appeals, DMV hearings, and DMV restoration hearings.
What may have worked for a friend or family member may have no relevance to your traffic ticket or NC driver license. It seems easy until you're sitting in court or at the DMV Office, waiting to have your case called.What Can I Expect at a DMV Traffic Court Hearing?
Traffic law hearings can be complicated, even for attorneys with substantial experience.
Too many motorists, trying to go the DYI route, find themselves waiting in court or DMV, not knowing what to do. When you consider the expense and hassle of missing work, driving to DMV, and waiting to be called, it doesn't take long to realize this: Hiring a lawyer often makes good financial sense.
And what happens if things don't go well in court or at the DMV hearing?
In addition to providing reliable legal advice about insurance points, DMV points, and the costs of certain citations, Traffic Lawyers provide peace of mind.
Let our defense lawyers lift the burden of going to court from your shoulders. If you have a DMV restoration hearing, we'll help prepare the materials necessary and stand literally side-by-side with you when appearing in front of the NC DMV Hearing Officer.
Now is the time to call.
We're here to help. We offer a free consultation. If we think you can handle a traffic citation by yourself and that makes sense, we'll tell you. If we think we can help or that you'd be better served with legal representation, we will tell you that as well.
Call NOW: (704)-342-HELP or (704)-342-4357