View Full Version : Traffic laws in NC
Shadowelf
11-06-2006, 09:56 PM
My cousin is a freshman girl going to school this year at St. Andrew's College in Laurinburg, NC. I was talking with my mother today and she told me that my cousin went out to eat with a bunch of her friends in the back of her truck and when they were pulling back into campus she was (stupidly) playing around and swerving. A police officer pulled her over and ticketed her for reckless driving and endangerment to property (or something along those lines as this is coming to me secondhand). My aunt needs to know how serious these charges are and the best way to handle the situation, whether that be to hire a lawyer, etc. My cousin has a Tennessee driver's license and is 18. I believe she has been involved in one accident in the past but has never been ticketed for any other traffic violations before this. Any advice from locals that I can relay on to my aunt would be much appreciated as I'm from Georgia and have no idea what North Carolina laws are like. Thanks.
Kelsey
E30 Stu
11-06-2006, 10:31 PM
Careless/wreckless--Definately hire a lawyer.
Shadowelf
11-06-2006, 10:43 PM
Does anyone know what kind of points/fines/other punishments she could be looking at? That could be helpful as well. I know that in GA she could likely lose her license.
Also, if anyone happens to know of any good lawyers in the area and happens to know their number, that would be appreciated.
///M3Vader4dr
11-06-2006, 10:50 PM
sounds like just pay the ticket...its the officers word against your cousins...and since it wasn't speeding, and in fact was wreckless driving, endangerment to property and prolly endagerment to her passengers and others since it was on a college campus...just pay up and tell her to chill when her gurls are riding in the back bed...Here at State the cops HATE that...
fishfeet
11-07-2006, 07:42 AM
^ no.
Dont just pay it. That puts a lot of points on your license and insurance.
In my younger days Ive recieved 3 careless/wreckless tickets. Two of those were related to speed because in NC anything 15mph and up over the speed limit is considered C&R. The other was BS, but got dropped.
Id definately hire a lawyer. I dont know of any in that area, but Im sure most will be suitable. Most likely they will grant a 'prayer for judgement' which drops the ticket outright. But, she has to be ticket free for a while (3 years I think) otherwise it will come back.
Good luck
EvilM3Chic
11-07-2006, 08:48 AM
I would definately hire a lawyer, just to be on the safe side... she should get out of it easily that way
A friend of mine has 2 C&R's and he's still got his license so I wouldn't worry about it to much, its just gonna cost her a little..
NChalfpast3
11-07-2006, 09:13 AM
Get a lawyer anything involved with Careless/Wreckless will be the smart thing to do.
fishfeet
11-07-2006, 11:16 AM
One thing I left off in my previous post was that I did no get a lawyer for 2 of the C&Rs - once by choice and once becuase I didnt know any better.
About 6 years ago was the first and it was in VA for 22 over (77 in a 55).
In VA C&R is for speeds of 20mph and over, not 15. Well, I got it reduced by just showing up to court in VA so that it was no longer a C&R. Unfortunately that did not matter to NC. Even though it was reduced to 19 over that is still considered C&R for NC - despite the fact that the ticket was in VA. The DMV wanted to take my license for 30 days, but I was allowed to speak with a DMV officer first. I did and they put me on a 1 year 'probation', which is similar to the PFJ I mentioned earlier. I stayed ticket free for that year and I didnt lose my license. However, I did still have points on my license and insuranec from it.
The other C&R I didnt get a laywer for was also speed related 3 yearsgo. It again was for 22 over (77 in a 55 again - thought it was a 65) in NC. This was the DAY AFTER I got a ticket for 81 in a 70...
Went to court for the first ticket alone. got it reducded to 9 over. Great!
Went to court 2 days later in another county for C&R hoping to get it reduced. I was broke, so I basically said Ill go talk to the DA and see what he can offer me. If I dont like any offer Ill ask for a continuance and then get a lawyer.
Well the DA told me that if you get 2 tickets in zones over 55mph in the same year then you will lose your license. I didnt know that!
He was kind enough to change the ticket for me to "exceeding a safe speed" which did not designate how fast I was moving or what speed zone, so I kept my license. I accepted the offer.
Needless to say I drive a hell of a lot slower now because of those back-to-back tickets.
Before you go out and get a lawyer, have her stop in to the DA during his hours and speak with him. Often he will just drop or reduce it right there without need for court. If he doesnt help in any way then you can get a lawyer. But I strongly suggest talking to the DA first and just leveling with him.
Explain the situation and what happened. He might be having a good day.
Hope this helps. I was a wild driver in my first 5 years and have a lot of experience with the court system reguardling traffic. heh. Not something I am proud of.
///M3Vader4dr
11-07-2006, 12:48 PM
I mean I do agree w/ getting a Lawyer for anytime you have to goto court, but w/ previous tickets and such and the fact you had ppl in your back bed, and WD on a college campus IMO it doesn't look good...but who knows I could be wrong...I wish your cousin the best, NC is harsh with driving unfortunately
pnb94
11-07-2006, 04:11 PM
yea i got a ticket here for C&R and have had it continued for 3 times and i still have the next court date, I have hired a lawyer because it is 4 points on your licence, and a 90% increase on insurance, do you know if there is any way I can not get the points on my licence so my insurance will not go up, I will do anything for the insurance not to go up, except just totally have my licence taken away...
Shadowelf
11-07-2006, 11:13 PM
Thanks for the advice. I'll pass the info on.
IWannaBMW
11-08-2006, 12:34 AM
The judge will take alot of factors into consideration. For example, her previous driving record, the site where she was at and the danger that she had caused, maybe even her grades. i'm studying criminal justice and i think some fines and maybe community service should take care of this. Also, have a consulatation with a lawyer before hiring one because he'll probably be the one that will tell u the charges and everything better than any of us, hope i made some sense lol, good luck
holdfastgreg
11-09-2006, 10:48 PM
A lot of people are throwing around careless and reckless or reckless endangerment. Its all the same penalty depending on circumstances. Its generally 3-5points on your license depending on what was happening. Shes probably looking at/around 4points on her license. She can try a prayer for judgement(PFJ). If she gets one, she cant get a ticket in the next 2 years or else the reckless endangerment comes back. Shell also pay a hefty fine and court costs($105 in NC.) Getting a lawyer is a must. You cant walk into court expecting a PFJ, but who knows, every DA is different. She needs to take a driver improvement clinic class. Usually drops 3pts and with her ticket is a must, as the judge/DA will order it. The classes are anywhere from $35-$100.
schussey
11-11-2006, 12:56 AM
Wilmington cops are out for blood
-chris
dakarGeorge
11-15-2006, 06:44 PM
well i was one of the more stupid ones and got a 96 in a 65 C&R then a month later was arrested and charged with 3 counts of speed competition pre arranged...so as we speak my baby sits in the impound with two court dates pending and the possibility of losing my license for 3 years, not to mention they can take my car and auction it. don't race on the streets guys, aint worth it.
as far as the topic question goes - if you "just pay" that ticket you would loose your license, get a lawyer.
people have told me that a lawyer by the name of Scott B. Spransy is one of the best in charlotte, i can let anyone interested know how he works out for me.
england1987
11-16-2006, 12:54 PM
well i was one of the more stupid ones and got a 96 in a 65 C&R then a month later was arrested and charged with 3 counts of speed competition pre arranged...so as we speak my baby sits in the impound with two court dates pending and the possibility of losing my license for 3 years, not to mention they can take my car and auction it. don't race on the streets guys, aint worth it.
as far as the topic question goes - if you "just pay" that ticket you would loose your license, get a lawyer.
people have told me that a lawyer by the name of Scott B. Spransy is one of the best in charlotte, i can let anyone interested know how he works out for me.
UMMMMM!!!! this wouldn't be the same M3 that you brought down to the Lowes Motor Speedway, cause I would buy that at auction!!!!
Iron Chef
11-16-2006, 01:01 PM
Don't fuck around in NC. I got my license suspended for a year. After 1k in lawyer and fines.
willis g
11-16-2006, 04:18 PM
them county mounties are out for you everywhere in the cackylak
dakarGeorge
11-16-2006, 06:52 PM
UMMMMM!!!! this wouldn't be the same M3 that you brought down to the Lowes Motor Speedway, cause I would buy that at auction!!!!
yes...thats the one nathan...i'm hoping to go bail it out tomorrow.
holdfastgreg
11-19-2006, 08:15 PM
yes...thats the one nathan...i'm hoping to go bail it out tomorrow.
Bail it out than transfer the title to a trustworthy friend. The state can still aquire the vehicle even after the bail sets.
dakarGeorge
11-19-2006, 08:30 PM
they will probably take it back at court so i'm just leaving it be..i dont wanna piss them off, i can get another car someday, i cannot however buy a new license.
but your saying i could "sell" it once i bail it out then they can't take it?
holdfastgreg
11-22-2006, 07:28 PM
Correct.
If you transfer the title(sell it to a trusted friend relative) for a $1. Than the court cant touch it. So if they say "hey we impounded your vehicle and upon further review, we want to confiscate the vehicle. You can replay as "what vehicle? I sold it?" Law cant do anything to you from there other than prosecute you for your offenses.
dakarGeorge
11-23-2006, 09:27 AM
thanks greg, this may come in handy...i'm gonna give my lawyer a call next week.
holdfastgreg
11-23-2006, 05:51 PM
K, just looking out for you/your car.
I've seen people lose their car this way. Especially for exhibition of speed and illegal racing(whatever the legal terminology is, as theres about 10 different accounts.) This also might include variations of wreckless endangerment(15mph above 55mph.) Later
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