Received my first ticket in 12 years Nov. 2013, doing 70 in a 55 in NC. I took a defensive driving class and my ticket was reduced to improper equipment. This month, I received another ticket in VA, for doing 42 in 25 school zone on an out of stat...
Are you licensed to drive in North Carolina? Be careful about how you handle this ticket. North Carolina applies North Carolina law to tickets received out of state, and in North Carolina if you are convicted of speeding fifteen mph or more over the limit you'll face a license suspension. So even though this ticket occurred in VA, it could result in a suspension of your NC license.See question
I requested a blood test but deputy said if witness not here in specific time period we will go ahead with breath analyzer. They were there but did not allow back with me.
Kind of a yes but maybe no answer. Typically when law enforcement prohibits your witness from watching you take the breath test it makes for a good argument that the breath result should not be admitted into evidence.
However, if the rest of the evidence in the case is sufficient to establish impairment, you could still lose. For example, if your driving was terrible and you did poorly on the field sobriety tests, there still may be enough evidence to convict you even without the breathalyzer result.See question
As a resident of NC around the Charlotte area in Cabarrus County, I know if am convicted of DUI and issued a "paper license" after my real license is taken away for one year, I will only have access to drive during certain hours and only for work...
Generally running errands would fall under driving for maintenance of household. Typically a person convicted of DWI driving on a limited driving privilege may drive for maintenance of household Monday through Friday 6am to 8pm.
However (at least in the counties where I practice), judges will not extend the hours during which a person may drive for maintenance of household. Compare that to driving for work and school. If you can provide the judge proof that you work on weekends (e.g., by providing the judge with a letter from your supervisor or a copy of your schedule) or go to school outside of standard hours (e.g., by providing a class schedule), the judge will allow you to drive outside the restricted hours of 6am to 8pm Monday through Friday. If, in your case, you gave the judge a letter from you mom saying that you needed to be able to drive her to the grocery store on Saturday, the judge would not allow for you to drive outside of standard hours for that reason.See question
4 Hollysprings police officers parked their cars in front of my house, 3 of them walked around because weather was too hot, when polices saw me coming back immediately issue me "not put seat belt on" ticket, and told me "someone file report sayin...
You may have an argument that the officer was not within his jurisdiction when he charged you. The DA may dismiss the case outright, but you may have to argue your case at trial.See question
Being that I dont want to spike my insurence rate, or risk having my licensce stripped from me. What do must I do to ensure that this issue gets resolved without affecting anything.
In most instances people charged with speeding can hire an attorney to appear on their behalf without having to appear themselves. When an officer tells you a court appearance is mandatory, he is telling you that you can't simply "pay off" the ticket, though paying a ticket without appearing in court is rarely a good idea anyway.
As far as ensuring your insurance and your license are not affected, that will depend on your driving history and the court customs in the county where you were charged. Speak to an attorney who practices in the area and he will advise you as to the likelihood of avoiding an insurance increase or a license suspension. Good luck.See question
My speeding ticket for going 61 in a 45 only got reduced to 59 in a 45. Why was I offered such a horrible plea? Now my insurance is gonna go up.
Did you represent yourself? While I don't want to imply that assistant district attorneys take advantage of people without attorneys, I have seen ADAs offer bad deals to individuals for seemingly no reason.
I'd advise speaking to an attorney in your county about a motion for appropriate relief. It's a motion asking for a case to be reopened so that a different result may be entered. If your attorney can show that it's customary in Burlington for a 61 in a 45 to be reduced to 54 in a 45, the judge may sign an order reopening a case so that the attorney may negotiate it down to 54, which depending on your driving history could prevent your insurance from going up. a motion for appropriate relief is typically expensive, but you're likely to pay more over the next three years in increased insurance premiums if you don't take further action.See question
Basically what is the name of the form to request that a case be reopened? Also, is there a time limit to request that a case be reopened? Meckenlenburg County, Charlotte NC
It's not completely clear what you are asking. If you missed court and need a new court date, follow Ms. Cobb's advice. If you have already pled guilty to a traffic offense and realized the result would have some negative consequence you did not intend, you want to file a motion for appropriate relief requesting that the judge order the case to be reopened.
You must have a good reason for the case to be reopened. Such reasons can include an error of law, ineffective assistance of counsel, and a retroactive change in the law. Motions for appropriate relief are commonly used in traffic cases where people represent themselves without fully understanding the consequences of what they're doing.See question
I had a speeding ticket back in Aug 2010, 84 on 60, in GASTON county, NC. I paid the fines and everything is done. But it does show up in my background check. How do we get this removed? Is it criminal offense in NC
Sounds like you represented yourself on this ticket. The only recourse is to submit a motion for appropriate relief. It's a motion asking a judge to re-open your case so that a different result may be entered. It can only be filed once, so if you submit a motion and it's denied, that's it. You'd essentially have to argue that had you sought counsel to assist you with this matter, the outcome would have been different.See question
License have been permanently. revoked have multiple DUI's in the past
Though you can take part in this hearing without an attorney, attorneys who frequently handle these hearings are familiar with the information the DMV hearing officer wants to hear. It's crucial to do it correctly the first time. If the DMV hearing officer decides to keep your suspension in place, you have to wait an entire year before you can have another hearing.See question
I find it very disturbing & depressing that I do not have the privilege to drive while drivers convicted of impaired driving do . Although I spoke with DMV over the phone in regards to my case & the gross police misconduct I'd been subj...
I need more information to give a better answer, but whether you can challenge the license suspension depends on why your license is suspended. Did you refuse to submit to a chemical analysis of your breath after arrest? It may be possible to submit a petition to the Attorney General's Office to challenge your suspension.See question