Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”
Driving a vehicle is a privilege that comes with some responsibilities. North Carolina has many driving laws that you must follow or risk getting a ticket. A moving violation is an infraction of traffic laws while you are behind the wheel. While everyone likely receives a ticket for a minor violation at some time in their lives, if you accumulate too many tickets it can result in a loss of your driver’s license. It is often beneficial to fight tickets in court. You want to make sure that you maintain a clean driving record so you keep your license.
What are Driving Points?
In North Carolina, the Department of Motor Vehicles utilizes a point system to track your driving record. Points are assessed based on the severity of the violation. The DMV has assigned points to each specific type of violation. If you are guilty of the violation, you will receive that number of points.
5 points – Passing a school bus that is loading or unloading children
4 points – Reckless driving
Hit and run with property damage
Following too closely
Driving on wrong side of road
3 points – Failing to stop at stop sign
Speeding more than 55 mph
Speeding in a school zone
Failure to yield right of way
Going through a red light
Failure to stop for a siren
Speeding in a safety zone
No driver’s license or expired license
Failure to report accident
Driving without insurance
2 Points – All other moving violations
1 Point – Littering from a vehicle
It is important to note that there is a separate point chart that applies to those with a commercial driver’s license.
What Happens When I Have Too Many Points?
When you accumulate too many points your license will be suspended for a period of time. If you have excessive points it can lead to a lengthy suspension or revocation of your license. When you reach seven points, you will be required to attend a driver improvement clinic at your cost. Upon successful completion, you will have three points removed from your record. When you accumulate 12 points within a three-year period, your license is subject to suspension. Following reinstatement, if you get eight additional points during the next three years, you will be subject to another suspension.
A first suspension for points results in a license suspension for 60 days. A second suspension requires six months and a third suspension is a year of loss of driving privileges. Once your license is reinstated following suspension, the points are wiped clean and you have a fresh start.
Driver’s License Suspensions for Other Reasons
In addition to accumulating too many points, you may also get your license suspended or revoked for other reasons. If you are found guilty of speeding more than 15 mph over the speed limit or 55mph or higher, you could have your license suspended for 30 days. If you receive a second conviction within a year, you will get your license suspended for 60 days. Speeding over 75mph will also result in license suspension if convicted.
When you are convicted of racing, you will face a license suspension. This applies whether the street race was planned or happened spontaneously. If you are guilty of two serious infractions at the same time, such as speeding and driving recklessly, you could have your license suspended. Driving under the influence will result in a one-year suspension. Death by vehicle, manslaughter, or assault with a vehicle will get your license suspended or revoked for at least a year or permanently. There are other infractions that could cause your license to be immediately suspended or revoked.
When you receive a moving violation you are not automatically guilty. If you pay the fine you are essentially pleading guilty to the offense. If you wish to challenge the ticket you can do so in court. If you are facing serious violations that could risk your driving privileges you may want to go to court to defend the charges. Get a phone, video or in-person consultation by calling at (704) 370-2828 to speak with our detail-oriented and well-versed lawyers with offices in Charlotte, Lake Norman, and Monroe, please contact Arnold & Smith, PLLC today or find additional resources here.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
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Driving on a Suspended License — Charlotte Criminal Lawyer Blog — June 1, 2022 (charlottecriminallawyer-blog.com)