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No one wants to be pulled over for a traffic infraction on North Carolina’s highways. But unfortunately, it can happen to anyone — and at the time you least expect it. Whether you were speeding just a few miles per hour above the limit, failed to yield, or were caught driving without a valid registration, even a simple traffic ticket can be a serious matter. Here are a few crucial things you should know if you are faced with a North Carolina traffic ticket.
Under North Carolina law, you have the right to challenge a traffic ticket. While some types of traffic offenses require a court hearing, certain infractions do not. It’s important to understand that even if you received a ticket for a minor speeding offense, you can fight it in court. What you can expect in court will depend upon the county where you must appear — while larger counties have their own traffic courts, traffic tickets may be handled in criminal court in smaller counties.
You don’t need to be a repeat offender to face license suspension in North Carolina. Sometimes all it takes is just one speeding ticket to lose your license. Critically, anyone who is caught driving more than 15 miles per hour over the limit in a 55 miles per hour zone can have their license suspended if convicted.
Some traffic offenses are “waivable,” but giving up the right to appear in court might not always be in your best interests. By paying off a ticket without fighting it, you will be treated as if you were found guilty of the offense — which can lead to other steep consequences. For instance, paying a traffic ticket can result in points on your license and increase your insurance premium. Depending upon how many points the ticket is, you may also face license suspension.
Even if you can’t get your North Carolina traffic ticket dismissed, you may be able to get it reduced to a lesser offense depending upon your record. If your ticket was for speeding, the prosecutor may agree to reduce it to a lesser speeding violation. In some cases, it may be possible to have it reduced to an non-moving violation, which would not add points to your license. In addition, you might be eligible for a “Prayer for Judgment Continued.” In some cases, this can allow you to avoid license or insurance points. However, a Prayer for Judgment can at times backfire and make the situation worse. It’s not something that you should request without being very certain of the implications.
If the ticket was for a “fixable issue” such as driving without insurance or registration, it may be possible to get the ticket dismissed by resolving the matter before going to court.
There are many types of traffic violations in North Carolina that require a court appearance. If you are required to appear before a judge for your traffic ticket, failing to do so can result in serious penalties. Generally, you are given 20 days to make up a missed appearance. Once this time expires, the judge can issue a “Failure to Appear.” In such instances, you would be assessed a late fee in addition to the moving violation fine, and you could face revocation of your driver’s license by the DMV. In the event the traffic violation was a misdemeanor offense, a judge could issue an arrest warrant without waiting 20 days.
Regardless of the severity of the offense, a traffic ticket can be overwhelming and stressful — especially if it could result in loss of your license. Importantly, you have the right to have an attorney represent you for your North Carolina traffic ticket. An experienced traffic ticket attorney can help ensure your rights are protected throughout the legal process and negotiate a better outcome on your behalf.
If you received a misdemeanor traffic ticket and were convicted of the offense in District Court, you can appeal the decision and ask for a new trial in Superior Court. If you were convicted in Superior Court, you can appeal to the Court of Appeals. However, you can’t appeal your case simply because you are unhappy with the outcome. An appeal is meant to correct a trial court error, such as lack of personal jurisdiction, insufficient evidence, or a procedural error.
If you received a traffic ticket, it’s essential to consult with legal counsel to ensure you know your rights and options. The Johnston County traffic ticket lawyers at Reece & Reece, Attorneys at Law represent clients for a wide array of North Carolina traffic tickets and are committed to helping them achieve the best possible outcomes in their cases. Call (919) 300-1249 to schedule a consultation and learn how we can assist you.
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