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Raleigh Traffic / DWI / Misdemeanor

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Traffic Violations

Every year thousands of North Carolinians receive traffic citations. These traffic citations can threaten your right to drive and can result in devastating increases in your car insurance premiums. In North Carolina, all insurance companies are governed by the North Carolina Rate Bureau. The North Carolina Rate Bureau has established the Safe Driver Insurance Plan, which controls the point system under which insurance rates are calculated. This system assigns different point values to each moving violation, with an insurance rate increase of around 25% for each point.

Table of Insurance Points

12 Points Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle. Prearranged highway racing or knowingly lending a motor vehicle to be used in a prearranged race. Failure to stop and render aid when involved in an accident resulting in bodily injury or death (hit-and-run driving). Impaired driving, including driving a vehicle while under the influence of an impairing substance; driving a vehicle with an alcohol concentration of 0.08% or more; and driving a commercial vehicle with an alcohol concentration of 0.04% or more. Transportation of intoxicating liquors for the purpose of sale.

10 Points Highway racing (not prearranged) or knowingly lending a motor vehicle to be used in the race. Speeding to Elude

8 Points Operating a motor vehicle during a period of revocation or suspension of either the driver’s license or vehicle registration.

4 Points Failure to stop and report when involved in a motor vehicle accident resulting in property damage only (hit-and-run). Reckless driving. Passing a stopped school bus. Speeding in excess of 75 miles per hour (mph) when posted limit is less that 70 mph. Speeding in excess of 80 mph when limit is 70 mph or greater Driving by a person under 21 after consuming alcohol or drugs

3 Points Each at-fault accident that results in bodily injury (in excess of $ 1800.00) or death or total property damage (including the insured’s property) of $ 3000.00 or more

2 Points Illegal passing. Speeding more than 10 mph over the limit, if total speed was in excess of 55 mph but less than 76 mph. Speeding 10 miles or less in excess of limit in speed zone of 55 or greater Following too closely. Driving on the wrong side of the road. Each at-fault accident that results in total damage to all property which is in excess of $1 ,800.00 but less than $ 3000.00 3-4-2005

1 Point Speeding 10 mph or less in excess of a speed limit of less than 55 mph Any other moving violation. Each at-fault accident that results in total damage of $ 1,800.00 or less

Insurance Schedule:

1 POINT = 25% INCREASE
2 POINTS = 45% INCREASE
3 POINTS = 65% INCREASE
4 POINTS = 90% INCREASE
5 POINTS = 120% INCREASE
6 POINTS = 150% INCREASE
7 POINTS = 180% INCREASE
8 POINTS = 220% INCREASE
9 POINTS = 260% INCREASE
10 POINTS = 300% INCREASE
11 POINTS = 350%INCREASE
12 POINTS = 400%INCREASE

For example, a minor moving violation, such as a speeding ticket, could result in a 25% increase on your insurance bill, while a DWI conviction could result in an assessment of 12 insurance points and approximately a 400% increase on your insurance bill. Even minor violations can have a substantial impact on your automobile insurance rates.

At The Law Corner, we will thoroughly review your driving history, as well as the details and circumstances surrounding your moving violation. It is our goal to fight to protect your right to drive, while keeping your insurance rates as low as possible. There may be possible defenses in your case that should be raised at trial. Also, there may be alternatives that can be taken to help minimize the negative effects in the event of a conviction. If you’ve been charged with a traffic violation in Raleigh, Wake County and you want a skillful attorney, aggressive legal representation; contact us at The Law Corner for a free consultation and case evaluation.

If you receive 12 license points within a 3 year period, your license will be revoked for a period of one year.

Schedule of Driver’s License Points

5 Points Passing a stopped school bus.

4 Points Reckless driving , Hit and run, property damage only, Following too closely, Driving on wrong side of road, Illegal passing

3 Points Running through a stop sign, Speeding in excess of 55 miles per hour, Failing to yield right-of-way, Running through red light, No driver’s license or license expired more than one year, Failure to stop for siren, Driving through safety zone, No liability insurance, Failure to report accident where such report is required, Speeding in a school zone in excess of the posted school zone speed limit

2 Points All other moving violations , Failure to properly restrain a child in a restraint or seat belt

1 Point Littering involving use of motor vehicle

0 Points Seat Beat Violation, Improper Equipment/plates/registration/muffler/inspection sticker display

North Carolina License Restoration
Has your North Carolina Driver’s License been suspended or revoked? Are you wondering how you are going to be able to get to work, buy groceries, or drive to school? If your license is suspended or revoked, you need to contact The Law Corner to speak with an experienced driver’s license suspension attorney to discuss your options. Simply ignoring a suspended or revoked license will not fix the problem, and continuing to drive during this time puts you at risk of being charged with driving while your license is suspended or revoked. Convictions for driving while your license is revoked can significantly lengthen the period of revocation and could result in jail time.

Your license may be revoked or suspended for many reasons, including:

  • Failure to appear in court
  • Too many traffic tickets
  • Failure to pay fines or court costs
  • Certain types of traffic violations
  • DWI conviction

Also, many people believe that if they have never had a North Carolina driver’s license, then their privilege cannot be revoked. You do not need to have ever had a North Carolina driver’s license to be in revoked status, as it is considered a revocation of your driving privilege. Other states will likely pick up on this revocation status, and you may at risk of losing your out of state license.

At The Law Corner, we will thoroughly review your driving record and explain to you what steps need to be taken to restore your driving privileges. This may include helping you clear up an old ticket or take care of old fines. It may also be necessary to reopen old cases that were handled improperly and have resulted in a revocation of your license. Often times, people pled guilty to certain crimes without knowing that their guilty plea will result in the revocation of their license. It may possible to reopen your old case and obtain a different result in order to avoid revocation of your driver’s license.

Whatever the reason for your driver’s license suspension or revocation, we are here to evaluate your case and, if possible, take the necessary steps to shorten or even eliminate your period of revocation. Additionally, we will be able to tell you whether you qualify for a Limited Driving Privilege. Our lawyers understand that driving has become a vital part of everyday life. Take the first step towards restoring your driving privileges and contact us for a free consultation regarding your driver’s license revocation.

Limited Driving Privilege
If your license has been suspended or revoked, you may be eligible for a Limited Driving Privilege. A Limited Driving Privilege is a court order that allows you to drive for certain purposes, during limited hours. The privilege typically allows you to drive to and from work and school, doctor visits, and for maintenance of your household. If you have been ordered by the court to perform community service or to attend alcohol/drug treatment programs, certain Limited Driving Privileges will also allow you to drive for these purposes.

Am I eligible for a Limited Driving Privilege?

If your license is suspended or revoked, you may qualify for a Limited Driving Privilege. North Carolina law allows you to obtain a Limited Driving Privilege in a number of situations:

  • Speeding – If you license is revoked for a high speeding conviction or a combination of high speeding and other driving charges, you may petition the court for a Limited Driving Privilege.
  • Felony Convictions – There are certain circumstances in which you may be eligible to petition the court for a Limited Driving Privilege if your license revoked as a result of a felony conviction.
  • DWI – In North Carolina, there are several different types of Limited Driving Privileges that are associated with DWI charges. For example, if you have been charged with DWI, your license will be initially revoked for 30 days. However, after the first 10 days have passed following the charge, most people are eligible for a Limited Driving Privilege for the remaining 20 days. Or, if your license is revoked because you have been convicted of DWI, you may qualify for a different type of Limited Driving Privilege. This type of privilege will allow you to drive for certain purposes during the year-long revocation. To learn more about obtaining a Limited Driving Privilege in connection with a DWI charge or conviction, click here.

How do I get a Limited Driving Privilege?
In order to obtain a Limited Driving Privilege, you will have to petition the court for such privilege and provide the required documents. Once you have submitted the petition at the courthouse, the courthouse clerk will set the matter for hearing, and you will need to appear to petition the court in person. A District Court Judge may then issue you a Limited Driving Privilege, if you are eligible. However, Judges and clerks are not allowed to give you legal advice, so it is recommended that you contact an attorney to help you obtain a Limited Driving Privilege. Also, an attorney will be able to get you a Limited Driving Privilege without you having to appear in court. Contact us today to find out if you are eligible for a Limited Driving Privilege.

Limited Driving Privileges for DWI Charges/Convictions

In North Carolina, there are several different types of Limited Driving Privileges that are associated with DWI charges. Each different types of Limited Driving Privilege requires specific information and specific documentation.

Pre-Trial Limited Driving Privilege If you have been charged with Driving While Impaired and refuse to take a breathalyzer or blood test or have blown more than .08, your license will be immediately revoked for 30 days. If you are eligible, you may be able to obtain a Pre-Trial Limited Driving Privilege that will enable you to drive for the last 20 days of the revocation period. In addition to the other required documentation, the court requires that you undergo a substance abuse assessment. This privilege will expire at the end of the 30 day period, and you will eligible to get your license back by paying the clerk the $100 restoration fee.

Post-Conviction Limited Driving Privilege If you have been convicted of Driving While Impaired, you may be eligible for a Limited Driving Privilege. This will depend on your sentencing level. In North Carolina, individuals convicted of Driving While Impaired are sentenced according to statutory levels ranging from Level 1 through Level 5, with Level 5 being the least severe and Level 1 being the most severe. If you found to be a Level 3, 4, or 5 at sentencing, you may qualify for a Limited Driving Privilege. You must also undergo a substance abuse assessment for this type of privilege.

Refusal Limited Driving Privilege If you have been charged with Driving While Impaired and willfully refuse to submit to a breathalyzer or blood test, you license will be revoked by the Department of Motor Vehicles for 1 year based on your refusal. You may be eligible for this type of Limited Driving Privilege after 6 months from the date of the refusal. Remember, your refusal must be willful! If you attempted to take a breathalyzer test, and were deemed to have “willfully refused” to take the test, click here to learn more about your rights.

Interlock Limited Driving Privilege If you have been convicted of Driving While Impaired and blew a 0.15 or higher on the breathalyzer machine, you may be required to have the Ignition Interlock System installed in your vehicle before you can obtain a Limited Driving Privilege. However, this type of privilege is not valid until 45 days after the date of conviction.

Here at The Law Corner, our attorneys are very familiar with the steps that need to be taken to get you driving again. Call us today to see if you qualify for a Limited Driving Privilege.

DWI/DUI

dui-1In North Carolina, the laws regarding Driving While Impaired (DWI) have become increasingly severe over the last few years. Today, more than ever, you need an experienced DWI lawyer in your corner. If you have been charged with Driving While Impaired (DWI/DUI) or underage drinking/driving in Raleigh, Wake County, The Law Corner will provide you with the assistance and expertise that you need, and will aggressively advocate on your behalf to attempt to achieve the best possible outcome in your case. We will evaluate the facts and circumstances surrounding your charge to determine what possible defenses you may have to your DWI/DUI charge. Our attorneys are very familiar with the law and the process surrounding DWI/DUI charges, and will use this expertise to ensure the protection of your constitutional rights regarding the basis of your traffic stop, the administration of field sobriety tests, and numerous other factors surrounding your charge. At The Law Corner, we will provide you with an aggressive defense to help guard your freedom and to help you keep your driving privileges.

In North Carolina, DWI/DUI charges are governed by North Carolina General Statute 20-138.1. This statute states that a person is guilty of Driving While Impaired if they:
(a) operate
(b) a vehicle
(c) on a highway, street, or public vehicular area
(d) while under the influence of an impairing substance or with a blood alcohol concentration of 0.08% or more at any relevant time after driving.

If you have been charged with a DWI/DUI offense, it is imperative that you understand the legal meaning behind each of the elements of the crime. A DWI/DUI conviction can result in many negative consequences such as a possibility of jail time, a criminal record, higher insurance premiums, community service, alcohol education, substance-abuse treatment, and court/administrative fees. Specifically, defendants who are charged with driving while impaired face an automatic revocation of their license for at least 30 days, even before they have had a trial. However, in many cases, a competent and knowledgeable attorney can help you obtain a limited driving privilege after the first 10 days of this suspension.

If convicted of a DWI, a person could face court fines of up to $2000, imprisonment for up to 5 years, and insurance increases of up to 400%. Many DWI convictions result in mandatory jail sentences, and a person could be sentenced to jail even if he is a first time DWI offender.

If you have been charged with driving while impaired, it is important to remember that it doesn’t automatically mean you are guilty. There may be possible defenses in your case that should be raised at trial. Also, there may be alternatives that can be taken to help minimize the negative effects in the event of a conviction. If you’ve been charged with driving while impaired, contact us at The Law Corner for a free consultation and case evaluation.

Misdemeanors

In North Carolina, misdemeanors generally fall into one of four categories:


misdemeanorClass A1
 – A class A1 is the most serious type of misdemeanor in North Carolina. Examples include Assault on a Female, Assault with a deadly weapon, DWI, and a Violation of a 50B restraining order. Even if you have had no prior convictions, a class A1 misdemeanor can be punishable by jail time. The maximum sentence that can be given for a class A1 misdemeanor is 150 days in jail. Unless specified by the offense, fines for class A1 misdemeanor convictions are in the discretion of the court.
Class 1 – Common class 1 misdemeanors include driving with license revoked, larceny, possession of marijuana (more than ½ oz.), and possession of drug paraphernalia. The maximum punishment for a class 1 misdemeanor is 120 days in jail. Unless specified by the offense, fines for class 1 misdemeanor convictions are in the discretion of the court.

Class 2 – Examples of class 2 misdemeanors include disorderly conduct, carrying a concealed weapon, no operator’s license, first degree trespass, and simple assault/battery/affray. The maximum punishment on a class 2 misdemeanor is 60 days in jail. Unless specified by the offense, fines for class 2 misdemeanor convictions can be as high as $1,000.

Class 3 – Examples of class 3 misdemeanors include driving with an open alcoholic container, littering, possession of marijuana (less than ½ oz.), and violations of city/county ordinances. The maximum punishment on a class 3 misdemeanor is 20 days in jail. Unless specified by the offense, fines for class 3 misdemeanor convictions can be as high as $200.

A misdemeanor conviction can result in serious and long-lasting consequences, and could become part of your permanent criminal record. A conviction can also have a serious effect on your future employment and educational opportunities. If you have been charged with a misdemeanor in Raleigh, Wake County, you need an aggressive and skilled attorney to advocate on your behalf in court. It is the job of the law enforcement officers and the State to prove the case against you. You need a criminal defense attorney that is committed to fighting for your innocence. Here at The Law Corner, we will analyze the facts surrounding your charge and will highlight any possible weaknesses in the prosecution’s case. We are dedicated to fighting for your rights and freedom, and providing you with effective and knowledgeable representation.

If you are charged with a crime in North Carolina, it is important that you understand your legal rights. We aggressively defend clients charged with everything from minor traffic infractions to serious misdemeanors. The Law Corner can assist you in understanding what you have been charged with, what legal defenses might apply in your case, and what options are available to you. We will evaluate the facts and circumstances surrounding your charge to determine what possible defenses you may have. We are very familiar with the law and the procedural process surrounding criminal charges, and we will use this expertise to ensure the protection of your rights.

When you go to court, you need to be aware that the district attorney and the judge cannot give you legal advice because they represent the State of North Carolina. A district attorney is a lawyer who works for the government and who is responsible for developing and presenting the state’s case against a criminal defendant. However, just because you have been criminally charged does not mean that you have no alternatives. The Law Corner will provide you with strong legal representation to help you achieve the most favorable outcome, based on the circumstances of your case. We will fight to prove your innocence, or alternatively, fight to help you receive the minimum sentence.

The punishment for criminal offenses is primarily determined by the classification of the crime and the defendant’s prior record level. The defendant’s prior record level is determined by the number and classification of prior convictions. Also, the sentencing structures depend on what class of misdemeanor you plea to or are found guilty of.

At The Law Corner, we will work one on one with you to develop the best possible strategies and defenses to try to reduce your punishment, or in some cases, avoid a conviction entirely. Whether you have been charged with a minor traffic violation or a serious misdemeanor, our attorneys are prepared defend your case and fight for your freedom. Just because you have been charged with a crime, it is important to remember that it doesn’t automatically mean you are guilty or that you should plead guilty. There may be possible defenses in your case that should be raised at trial. Also, there may be alternatives that can be taken to help minimize the negative effects in the event of a conviction. If you are in need of skillful and effective criminal defense representation, contact The Law Corner today to schedule your free consultation.

Misdemeanors

In North Carolina, a misdemeanor by definition carries a punishment of less then 1 year in prison. Misdemeanor charges can severely affect your life, family, job—and your reputation. It is very important to talk to an attorney about how to minimize the damage these types of charges can have. Below are the classes of Misdemeanors in NC and the maximum punishment.

· Class A1 Misdemeanor – 150 Days
· Class 1 Misdemeanor – 120 Days
· Class 2 Misdemeanors – 60 Days
· Class 3 Misdemeanors – 20 Days

If you are charged with a crime in North Carolina, it is important that you understand your legal rights. We aggressively defend clients charged with everything from minor traffic infractions to serious felonies. The Law Corner can assist you in understanding what you have been charged with, what legal defenses might apply in your case, and what options are available to you. We will evaluate the facts and circumstances surrounding your charge to determine what possible defenses you may have. We are very familiar with the law and the procedural process surrounding criminal charges, and we will use this expertise to ensure the protection of your rights.

When you go to court, you need to be aware that the district attorney and the judge cannot give you legal advice because they represent the state of North Carolina. A district attorney is a lawyer who works for the government and who is responsible for developing and presenting the state’s case against a criminal defendant. However, just because you have been criminally charged does not mean that you have no alternatives. The Law Corner will provide you with strong legal representation to help you achieve the most favorable outcome, based on the circumstances of your case. We will fight to prove your innocence, or alternatively, fight to help you receive the minimum sentence.

The punishment for criminal offenses is primarily determined by the classification of the crime and the defendant’s prior record level. The defendant’s prior record level is determined by the number and classification of prior convictions. Also, the sentencing structure depends on whether you have been charged with a misdemeanor or a felony.

At The Law Corner, we will work one on one with you to develop the best possible strategies and defenses to try to reduce your punishment, or in some cases, avoid a conviction entirely. Whether you have been charged with a minor traffic violation or a serious felony, our attorneys are prepared defend your case and fight for your freedom. Just because you have been charged with a crime, it is important to remember that it doesn’t automatically mean you are guilty or that you should plead guilty. There may be possible defenses in your case that should be raised at trial. Also, there may be alternatives that can be taken to help minimize the negative effects in the event of a conviction. If you are in need of skillful and effective criminal defense representation, contact The Law Corner today to schedule your free consultation.

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