Child Support License Suspension Most people are unaware that your license can be suspended for failing to pay child support. NCGS 110-142.2 provides an enforcement remedy to suspend and/or restrict a noncustodial parent’s (NCP’s) ability to drive or register a motor vehicle if the NCP is at least ninety (90) days delinquent in child support payments or fails to comply with a subpoena pursuant to paternity and/or child support establishment. Judges have several options when a noncustodial parent (NCP) with a valid North Carolina driver license is cited to court on a Motion And Order To Show Cause. A judge can order a time-limited or an indefinite driver license suspension. Either of these suspensions can have limited driving privileges attached to them. A limited driving privilege allows the NCP to drive on days and times specified by the judge. A judge could decide to suspend a driver license and stay the suspension conditional on the NCP entering into a payment plan.
When I Received the Speeding Ticket the Officer Told Me …..
Keep in mind that officers are:
- not lawyers and cannot give legal advice
- trying to avoid any potential conflict with a driver at the scene
- usually issue many tickets and do not remember giving advice to any particular driver.
The tickets are handled in court by the district attorney not the officer.
The only advice you should accept is the one given by a lawyer.
How to Handle a Traffic Ticket to Avoid an Insurance Increase
saving money on car insurance
One of the most important things I do as an attorney is to assist clients in mitigating the affect of a speeding ticket on insurance.
When I interview my clients I always try to find out four things;
1) What the new ticket is for;
2) What other tickets the client has been convicted of;
3) The convictions of all drivers on the insurance policy; and
4) the insurance renewal date.
All of this information is essential in order to determine the best way to handle a ticket. Take a stop sign violation for instance. If the ticket does not involve an accident then the best outcome is normally to use a prayer for judgment. However, a prayer for judgment is only available to one member of a household every three years. Therefore, if anyone else on the policy has used a prayer for judgment in the past three years then that option would not be available.
The insurance renewal date is also very important and is often overlooked by less experienced attorneys. The reason for this is that insurance rates do not adjust midterm.
When the insurance renewal date arrives the insurance company checks the records of the drivers on the policy to determine whether a rate adjustment is appropriate. As such, if the case can be continued until after a renewal date then this may solve a problem such as prayer for judgment availability or tickets within the three year experience period.
If you need help with a traffic ticket please give a call for assistance.
Speeding in a School Zone
Speeding in a School Zone Raleigh Wake County
One of the more difficult cases that I handle is the speeding in a school zone ticket. This charge is governed by NCCGS 20-141.1 which imposes a mandatory $250.00 fine plus court costs in the event of a conviction. A speeding in a school zone will also cause an insurance increase no matter what the speed or zone. For instance, a first time offender convicted of speeding 30 in a 25 mph school zone will cause an insurance point whereas a first time offender found responsible for speeding 30 in a 25 non-school zone will not. In most of these cases I attempt to use a prayer for judgment which will be allowed by some judges as long as community service is performed. I also will look at the way the ticket is written and whether or not the school zone was clearly marked or indicated and was visible to the driver. These can lead to defenses that may be an option in the event a prayer for judgment is not available.
How to Read a Driving Record
Those are
- the offense date,
- the missed court date,
- the failure to appear starting revocation date and
- the date of compliance (or conviction).
When dealing with a suspension these dates are crucial since a conviction of a moving violation that occurs (offense date) between the failure to appear start date and the disposal date (dates 3 and 4) causes a one year suspension.
These dates are also important for insurance purposes because the insurance companies look at all convictions that occur within a 3 year period to determine insurance rates upon renewal. As such, a five year old case that is disposed of within three years of renewal could cause an insurance increase.
If you have a failure to appear or have a case that occurred during a failure to appear period it is essential to have an attorney review your record to determine the best course of action.
Driving Clinic Affect on Insurance Rates
Many of my clients ask me about driving clinics. Driving clinics or driving improvements courses are offered by NC DMV to enable a driver to lower their driver’s license points. As such, in a situation where a driver is in danger of accumulating 12 points for the first time then a driver improvement course will enable the driver to avoid a suspension. However, with regards to insurance points, a driving clinic does absolutely nothing since the license point system and insurance points system are different. Insurance companies can still look at a conviction to determine a bump in a person’s rate even if NC DMV has removed points by taking a clinic.
Speeding Ticket Suspensions
Many of my clients do not understand the potential affects that a seemingly simple traffic ticket could have on their license privilege. There are many speeding violations that could result in a suspension in the discretion of the NC DMV. Believe me, no one wants the discretion to suspend a license to be left in the hands of the DMV. For instance, if one is convicted of speeding over 55 mph twice in a 12 month period their license may be revoked. The important dates to look at are the first conviction date and the OFFENSE DATE of the second conviction. As a result, one cannot simply continue the second violation until after 12 months from the earlier conviction in order to avoid a suspension. Another common possible suspension violation is speeding over 75 when the speed limit is 65 of less. In these cases it is very important to hire an attorney. Although a limited privilege may be available in these circumstances those can be very expensive to maintain and are “limited” in scope.
Suspension Caused by Car Accident
Frequently I come across clients whose license has been suspended due to a car accident. These usually fall under two types
1) failure to have insurance at the time of the accident or
2) a judgment is obtained against them in civil court as a result of a car accident.
Often the client is not even the driver of the vehicle but was sued based on their ownership of the vehicle. The reason for this suspension is set out in N.C.G.S. 20-279.5 and N.C.G.S. § 20-279.13. The revocation regarding judgments reads:
(a) The Commissioner, upon the receipt of a certified copy of a judgment, which has remained unsatisfied for a period of 60 days, shall forthwith suspend the license and any nonresident’s operating privilege of any person against whom such judgment was rendered.
The only ways to get back one’s license upon a revocation based on such a judgment are:
1) if the judgment is stayed;
2) if the judgment is satisfied (paid in full);
3) the judgment creditor waives the suspension;
4) the judgment is over ten years old (or 20 if renewed) or
5) the judgment is discharged in bankruptcy.
If you need help with these types of situations please give our firm a call.
Be Careful of Changes to DWLR and No Insurance Laws
Beginning with offenses committed after December 1, 2013 Driving While License Revoked and No Insurance charges have been reclassified as lower misdemeanors. A driving while license revoked is now a class 3 misdemeanor as long as the reason for the revocation was not impaired driving. Driving without insurance is also treated as a class 3 misdemeanor which also makes it a waivable offense. Another apparent benefit of this statute is that pursuant to 20-28(a1) a conviction of driving while license revoked will also be treated as a conviction of a no operators license for license and insurance purposes. The problem is that even though the class of misdemeanor has been reduced the dwlr conviction will still cause a suspension and, therefore, has to be handled properly (dismissal or prayer for judgment).
Charging language. The language of the citation used has been revised to reflect whether the dwlr is for an impaired or non-imparied offense. This is why you will see on the calendar the language “dwlr – non-impaired” meaning the revocation was not related to impaired driving or a refusal.
Move Over Law Extended To Maintenance Workers
Drivers are now required to pull over or slow down for utility and road maintenance workers displaying flashing amber lights.
If you are in an area with at least two or more lanes available in each direction, you’re required to move over at least one lane. If there’s only one traffic lane, then you have to slow down, and be prepared to stop.
This new group is being added to help prevent accidents and keep our roadways safer for these workers. If a driver gets cited for non-compliance with the “Move Over” law the penalty is a $250 fine, plus court costs.
Have a problem and need advice on a “Move Over” law violation? Call us at 919-875-8773