Traffic Cases

The attorneys in the Mitchell, Brewer, Richardson law firm - Ronnie Mitchell is an experienced trial lawyer who is well known for his capable defense of traffic tickets in the State and Federal Courts. There is no charge for an initial consultation with us to discuss a traffic case. You can contact us at 910/ 678-8900 and make an appointment to see and talk with us in our office at no fee for that office visit and advice.

The effect of even a single traffic conviction on a person's license and insurance coverage can have a very substantial impact. Not only may court costs and fines be extremely expensive, increased insurance costs can make the costs of operating a car almost unbearable.

"Paying off a ticket" or pleading guilty in a traffic case can have severe consequences, not only in the traffic case itself, but in any related civil case, such as an automobile collision. You should not pay a ticket or admit liability for anything related to a traffic ticket without first talking with and getting the advice of an experienced and knowledgeable lawyer.

Even "petty offenses" have very serious consequences, and the impact of cases such as DWI can affect not only a person's license, but his or her freedom. The experience of attorneys such as Mitchell, Brewer, Richardson is essential in such cases.

The driver license and insurance points assigned for a conviction of a traffic offense are a very important part of the effects of a traffic ticket. However, the point system assigned by the North Carolina Division of Motor Vehicles and the points assigned by the insurance companies vary significantly.

Under North Carolina General Statute §20-16, the Division of Motor Vehicles is required to maintain a record of convictions of every person licensed or required to be licensed and to assign to the record of each person, as of the date of commission of the offense, a number of points for every such conviction in accord with the following schedule of convictions and points:

Schedule of Driver License Point Values

Offense:	Driver License Points Assigned
Passing stopped school bus	5 points
Reckless driving	4 points
Hit and run (property damage only)	4 points
Driving on wrong side of road	4 points
Illegal Passing	4 points
Failing to stop for stop sign / stop light	3 points
Speeding in excess of 55 miles per hour	3 points
Failing to yield right of way	3 points
No driver license	3 points
License expired for more than 1 year	3 points
Failure to stop for siren	3 points
Driving through safety zone	3 points
No liability insurance	3 points
Failure to report accident (where required)	3 points
Speeding in a school zone	3 points
All other moving violations	2 points
Littering (involving use of motor vehicle)	1 point

 The Division of Motor Vehicles has the authority to suspend the license of any operator with or without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee:

•Has accumulated 12 or more points within a three year period, or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses;

• Has made or permitted an unlawful or fraudulent use of such license or a learner's permit, or has displayed or represented as his own, a license or learner's permit not issued to him;

•Has committed an offense in another state, which if committed in this State would be grounds for suspension or revocation;

•Has been convicted of illegal transportation of alcoholic beverages;

•Has been convicted of impaired instruction under N.C. Gen. Stat.§ 20-12.1;

•Has violated on a military installation a regulation of that installation prohibiting conduct substantially equivalent to conduct that constitutes impaired driving under N.C. Gen. Stat.§ 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction;

•Has, within a period of 12 months, been convicted of two or more charges of speeding in excess of 55 and not more than 80 miles per hour, or of one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour;

•Has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour;

•Has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or

•Has been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time.

The North Carolina Safe Driver Incentive Plan (SDIP) was enacted by the General Assembly to reward safe drivers with the lowest possible insurance costs. Drivers who are convicted of moving traffic violations or cause accidents will be charged higher premiums in accord with their driving records.

Safe Driver Incentive Plan Points are attached for convictions and at-fault accidents occurring during the three years immediately preceding the date of application of the preparation of the renewal (called the experience period) :

12 Points:

• Prearranged Highway Racing or Lending a Car for Prearranged Racing • Hit-and-Run, Bodily Injury or Death • Manslaughter or Negligent Homicide • Transporting Illegal Intoxicating Liquor for Sale • Driving While Impaired • Driving Under the Influence • Driving with a Blood-Alcohol Level Greater than .08%

10 Points:

• Highway Racing or Lending a Car for Highway Racing • Speeding to elude arrest

8 Points:

• Driving During Revocation or Suspension of License or Registration

4 Points:

• Reckless Driving • Hit-and-Run, Property Damage Only • Passing a Stopped School Bus • Speeding in Excess of 75 mph or 80 mph in a 70 mph zone • Driving after consuming alcohol, driver under 21

3 Points:

• At-Fault Accident Resulting in Bodily Injury over $500 or Death* • At-Fault Accident Resulting in Property Damage of $2,500 or More*

2 Points:

• Illegal Passing • Speeding in Excess of 55 mph But less than 76 mph • Driving on Wrong Side of Road • At-Fault Accident Resulting in Property Damage in Excess of $1,500, but less than $2,500*.

1 Point:

•All Other Moving Violations or •All Other At-Fault Accidents Resulting in Property Damage of $1500 or less and bodily injury of $500 or less*

* If the accident occurred prior to January 1, 1998, the following points apply:

3 Points: At-Fault Accident Resulting in Bodily Injury or Death; or Property Damage in Excess of $2000 or more 2 Points: Property Damage between $1,000 to $2,000 1 Point: Property Damage only of $1000 or less

No Safe Driver Incentive Plan points are assigned for:

•Speeding 10 mph or less over the posted speed limit provided that • the violation did not occur in a school zone; • the person cited has a clean driving record for the previous three years (a single Prayer for Judgment Continued (PJC) will not count as a prior conviction for the purpose of this exception.)

• One Prayer for Judgment Continued (PJC) within every three years, provided there are no other PJC's incurred during that time.

Note: • Only the higher of the accident or violation points will be charged when a person is convicted of a violation in conjunction with an accident.

Effect of Points On Insurance Premiums

Points Assigned	Percentage of Rate Increase	Example of Cost Increase On Basic Rate of $300 per 6 months
1	25%	$375.00
2	45%	$435.00
3	65%	$495.00
4	90%	$570.00
5	120%	$660.00
6	150%	$750.00
7	180%	$840.00
8	220%	$960.00
9	260%	$1080.00
10	300%	$1200.00
11	350%	$1350.00
12	400%	$1500.00

We're ready to help you . . . Traffic matters can often be very simple, and at other times they can be very complicated. Simply contact us and we will be happy to advise you as to whether you need our assistance. Often, the assistance of experienced, capable lawyers is necessary in the case. The attorneys of Mitchell, Brewer,Richardson are ready, willing and able to help you if you need us. Call us or email us for a free consultation.

Contact us. We can be reached by telephone at (910) 678-8900 between 8:30 a.m. and 5:00 p.m. Monday through Friday. After hours, you may leave a message for us by dialing the extension of the attorney or staff member you wish to reach.

For a list of attorneys and staff members and their extensions click here. You can page us at 1-800-498-3494.

You can reach us by e-mail at FirmMail@mbr-law.com

  For a list of and automatic connection to the e-mail addresses of attorneys and staff members, click here .