Traffic offenses are not as clear-cut as being pulled over, pleading guilty, and paying the fine. Not all traffic offenses are considered equal. There are times when it may even make sense to challenge what you may think is a routine traffic charge.
When you have been pulled over for a traffic offense, you should never make any assumptions without knowing your options and the impacts that a conviction may have on you. Before you mail a check or make any decisions, you should consult with an experienced Winston-Salem traffic lawyer. What you may think is something routine could cost your license in the long run. You may even end up in jail because of a traffic charge.
The first question that someone always asks is whether it is worth it to fight a traffic ticket or pay it off. Even paying off a traffic ticket can have collateral consequences for you. If you are convicted of a traffic violation, it will remain with you on your driving record for three years. The effects can build up the more times you are convicted of traffic violations.
Consequences of Traffic Law Convictions
Depending on the traffic offense, you may face the following consequences for a conviction:
- Fines
- Court costs
- Increased auto insurance rates
- Points on your driver’s license
- Driver’s license suspension
- Being ordered to take a driver improvement course
Categories of North Carolina Traffic Convictions
In North Carolina, there are three different categories of traffic offenses:
- Infractions – Infractions are less serious traffic offenses, such as speeding or running a stop sign. Even though these are punished with fines and court costs, too many of these offenses over time can lead to the loss of your driving privileges.
- Misdemeanors – Misdemeanors are minor crimes that can result in a jail sentence of up to 60 days. DWI convictions and reckless driving can result in misdemeanor charges.
- Felonies – Felonies are punished with one year or more in jail and can include repeat DWI offenses and vehicular manslaughter.
Why You Need a Traffic Law Attorney
There is no question that you need an attorney when you are facing misdemeanor and felony charges. You should strongly consider hiring a traffic lawyer even when you have been cited for an infraction.
Many moving violations will be assigned points when you are convicted of them. In North Carolina, you will lose your driver’s license if you accumulate 12 points on your license over a three-year span.
For any traffic offense, law enforcement must still try and convict you of the offense. Although most traffic offenses will be tried in traffic court directly, you can still come with a lawyer and have your side of the story heard. The officer needs to show up to testify.
In traffic court, the officer will give their version of what they saw. Remember that the officer has their one day in traffic court, and they may be testifying about dozens of different traffic cases in short order. You may have an opening to challenge the charge. However, you cannot just give a blanket statement that you did not do it or that the officer was wrong. Doing so will not work. Instead, you must have something to back up your own claim of innocence.
Defenses to a Traffic Law Violation
Here are some ways to defend against your traffic ticket:
- The officer could not have seen what happened based on the position of your car and the officer’s location (you should come with diagrams and photographs that can back up your contention).
- You made an honest and reasonable mistake (for example, you could not clearly see a traffic sign because of branches or weather conditions).
- You have witnesses that can back up your side of the story and challenge the officer’s observations.
- It was necessary to do what you did to avoid greater harm.
- The road signage in the area was inadequate to alert you.
- You were not traveling as fast as the officer said you were.
One defense that will not work in traffic court is that you did not know the law. All drivers are expected to know traffic rules, and they will be punished if they make a mistake of law.
If you can successfully defend against your traffic ticket, you will not face any penalties. It would be as if the citation never happened. Still, you should check your driving record to make sure that the stop does not appear.
Consequences of a Traffic Law Conviction
Even if you are convicted of an offense, it does not always mean that you will get points. Some traffic court judges will still make you pay the associated penalty, but they may not give you points. For that reason alone, it is worth it to show up to fight your ticket. Points can mean thousands of dollars of extra auto insurance premiums over the three-year span.
At a certain point, the accumulation of points will cost you driving privileges. Some traffic offenses can mean that you receive five points. For example, passing a stopped school bus is a five-point offense. Reckless driving will mean that you get four points on your license. Most moving violations would result in at least three points on your license.
If your license is suspended under the points system, you can lose your license for:
- 60 days for the first suspension
- 6 months for the second suspension
- 12 months for the third suspension
Before you can get your license back, you must pay a fee. When you accumulate seven points on your license, you could be required to take a driving course, and completing that course would remove three points from your license.
You should at least have a conversation with an attorney before you make any decisions. You may have more legal options than you previously thought.
