Charlotte Criminal Lawyer Blog
What Traffic Infractions Result In Criminal Charges?
Driving requires you to adhere to the rules of the road. Laws are in place to ensure the safety of all vehicles. Most traffic infractions are minor in nature, and if you are in violation, you could receive a ticket. If you get too many tickets, you could face some consequences, such as the suspension of your driving privileges. However, some violations are considered so egregious that there are also potential criminal charges if you disobey them.
Hit and Run
A hit-and-run accident is a crash in which the responsible party leaves the scene of the accident. North Carolina law requires those involved in an accident to stop and exchange information with the other driver. The failure to do so classifies the accident as a “hit and run”. The driver could be charged with a misdemeanor for minor property damage or injuries, or a felony if a death occurred. Penalties could include fines, jail time, community service, and more.
Reckless Driving
In North Carolina, reckless driving is defined as “driving with a willful or wanton disregard for the safety of others or in a manner that endangers people or property”. Some examples of reckless driving include weaving in and out of traffic, racing, and going through traffic signals or stop signs. Reckless driving is a Class 2 misdemeanor punishable with up to $1,000 fines and 60 days in jail.
Driving While Impaired
Driving while impaired, DWI, is driving while under the influence of alcohol or drugs. In North Carolina, the BAC limit is 0.08%. A driver with a higher blood alcohol content will be charged with DWI. If found guilty of DWI, a driver will face suspension of his or her license for one year, along with other penalties depending on whether they have had prior DWI convictions.
Death by Vehicle
Death by vehicle occurs when someone dies as a result of a vehicle crash. Death by vehicle may be a felony if the driver was intoxicated. A driver may be charged with a misdemeanor if the death was the result of a traffic law infraction. Aggravated death by vehicle may be charged in cases where the driver has a previous impaired driving conviction in the last seven years.
Fleeing to Elude
Fleeing to elude occurs when a driver fails to pull over for law enforcement when they are required to do so. This offense happens, for example, when a driver is being pulled over and refuses to stop. They may continue driving, causing a pursuit. Fleeing to elude generally starts out as a misdemeanor but may be elevated to a felony due to factors such as excessive speeding, ignoring traffic signals and signs, and driving in a reckless manner.
Driving with a Revoked License
Driving with a revoked or suspended license (DWRL) is a criminal offense in North Carolina. DWRL is a Class 1 or Class 3 misdemeanor. You could face penalties such as fines and jail time of up to 30 days if convicted the first time. Your license will also be suspended for an additional year for a first offense. If you have prior convictions of DWRL ,the penalties are higher.
Excessive Speeding
Excessive speeding in North Carolina is defined as driving at a speed over 80 mph or more than 15 mph over the speed limit. Excessive speeding is a Class 3 misdemeanor. If you are convicted of driving at a speed of over 75 mph, you will face a mandatory 30-day suspension of your driver’s license. If you have repeated convictions, you may be considered a “super speeder” and will face more severe consequences.
Passing a Stopped School Bus
It is illegal to pass a stopped school bus in North Carolina. Failure to stop for a school bus that has flashing lights and the arm extended is a Class 1 misdemeanor. The rules are different for different types of roads or highways. If a driver hits and injures or kills someone as a result of passing a stopped bus, the crime is elevated to a Class I or Class H felony.
If you are facing criminal charges, you will want to speak to an experienced legal team as soon as possible. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
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.
Source:
https://www.ncdot.gov/dmv/license-id/license-suspension/Pages/driving-while-impaired.aspx
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