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Law Blogs

After Receiving a Traffic Ticket,   Do You Really Need A Lawyer?

2/16/2015

18 Comments

 
Picture
The benefits of obtaining a lawyer for a traffic violation substantially outweigh the risks of not having one.  Even a simple speeding ticket can carry serious consequences, not to mention, dealing with a traffic or speeding ticket can be an inconvenient and expensive hassle.  It could cause you to miss school, work, or other obligations when an experienced attorney can handle the ticket without you having to even appear in court.

Parton Buckingham, PLLC saves their clients money by working with the District Attorney to have the charges against them reduced or dismissed. A knowledgeable and experienced attorney will know the North Carolina traffic and insurance laws and best be able to assist you with your ticket. The lawyers at Parton Buckingham, PLLC will negotiate with the State of North Carolina in an honest effort to obtain the best possible resolution for your speeding or traffic ticket.  It is in your best interest to obtain a proficient criminal lawyer to help you through the legal process.

In North Carolina, simply just paying the fine is equivalent to pleading guilty. Or, if you are found guilty of a traffic infraction or misdemeanor, you will likely receive driver’s license points, insurance points, and/or insurance rate increases. Driver’s license points could lead to the suspension of your license and insurance points could lead to an increase in your insurance payments.


Common driver’s license point penalties are:  

Conviction                                                         Point Values 
Aggressive driving                                                       5 
Passing a stopped school bus with children                5 
Reckless driving                                                           4 
Tailgating                                                                     4 
Illegal Passing                                                              4 
Running through a stop sign                                        3 
Speeding more than 55 mph                                        3 
Expired or no drivers license                                        3 
Speeding through safety zone                                      3 
Littering involving a motor vehicle                                 1 


Commercial Driver’s License (CDL) 
If you have a CDL and receive a traffic violation then the points assigned to that conviction will likely increase.  
Insurance Points: In North Carolina, insurance companies follow the Safe Driver Incentive Plan (SDIP).  

Drivers who are convicted of moving traffic violations and/or who cause accidents will be charged higher premiums in accordance with their driving records.  SDIP points are charged as follows for convictions and at-fault accidents during a three-year period:  

Points          Percentage Increase 

1                           30% 
2                           45% 
3                           60% 
4                           80% 
5                           110% 
6                           135% 
7                           165% 
8                           195% 
9                           225% 
10                         260% 
11                         300% 
12                         340% 

Insurance Points Offenses:  Here are some of the offenses North Carolina has listed as causes for an insured to receive 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
  • Hit and run resulting in bodily injury or death 
  • Driving with a blood-alcohol level of .08 or more 
  • Driving a commercial vehicle with a blood-alcohol level of .04 or more 
  • Driving While Impaired 
  • Transporting illegal intoxicating liquors for sale 
10 Points 
  • Highway racing or lending a car for highway racing 
  • Speeding to elude arrest 
8 Points 
  • Operating a motor vehicle during a period of revocation or the driver’s license or vehicle registration.
  • Aggressive driving  
4 Points
  • Reckless driving
  • Hit and run resulting in property damage only 
  • Passing a stopped school bus 
  • Speeding in excess of 75 mph when posted limit is less that 70 mph
  • Speeding in excess of 80 mph when posted 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 $1,8000.00) or total property damage (including the 
insured’s property) of $3,000.00 

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 a speed zone of 55 mph 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 less than $3,000.00 
1 Point 
  • Speeding 10 mph or less in excess of speed limit of less than 55 mph* 
  • Each at-fault accident that results in total damage of $1,800.00 less* 
  • Any other moving violation
    ** Points are not assigned for these violations unless the same driver has been convicted of at least one other moving violation during the experience period (the last three years).
0 Points 
  • Speeding 10 mph or less in excess over the posted speed limit provided the violation did not occur in a school zone 
    and there is not another moving violation for the experience period (an isolated PJC will not count as a prior conviction 
    for the purpose of this exception) 

    Feel free to contact us at 704-376-4488 or kaltenbach@partonbuckingham.com and let us help you understand the law and how it may apply to you. The attorneys at Parton & Associates, PLLC welcome the  opportunity to work with you and assist you during this process.

-- Chad Buckingham, Senior Partner

Photo courtesy of FreeDigitalPhotos.net; Gravr Razvan Ionut




18 Comments
Dwayne Schmidt link
7/27/2015 01:03:38 am

Informative! Law differs from state to state. Knowing it will be useful later. In NC, paying a fine is pleading yourself guilty. This doesn't sound good. However, rules are rules and everyone must follow it.

Reply
Alexandria Martinez link
8/24/2017 09:41:11 pm

I have never had a traffic violation lawyer before nor have I have ever had a ticket. In the event that I may receive one, it is good to know that I have options and possibly an attorney to help me with my case. I agree now that it outweighs the risks to have one. This was great advice thanks!

Reply
David Colt link
11/1/2017 12:19:41 am

A very interesting article. Thank you for posting it.

Disclosure: I am a Colorado Traffic Lawyer.

I believe it is important to protect a very important privilege that we have: Driving.

Every once in a while, I get that call from a person who did not hire a lawyer, and handled his or her own traffic ticket case. Then they call me and ask me about the outcome they got, only to find out that there was a better way to handle the case.

If you have received a ticket, I recommend, at the least, speak to an experience traffic ticket attorney to see if they can help you on your case. Many traffic ticket attorney do free case consultations. At least see what they say about your case.

In Colorado, there are more than 65 ways in to lose your driving privileges, and most states have a similar number. Traffic laws have become very complicated over the years -- in Colorado, there are more than 300 separate traffic offenses, ranging from Alteration of Suspension to Unlawful Lane Change. Driving is a privilege, not a right, in just about all states. Protect that privilege the best you can by talking with an attorney.

Reply
Raeger Wynchester link
12/8/2017 12:56:01 am

It was nice how you said in the beginning of the article that having a traffic ticket can cause me to miss school, work, or other obligations and so having an attorney is beneficial because they represent me in court. I was charged with speeding last night, and I know that I'm guilty. That's the reason why I need a traffic ticket attorney. Currently, I'm on probation at work, so I can't miss even a single day. Thanks for sharing. It really took a load off my chest.

Reply
Bethany Birchridge link
3/14/2018 02:43:46 pm

I thought it was helpful that you mentioned that hiring a defense attorney for a traffic ticket can not only help you keep your record clean, but can also keep the insurance from charging you more. A friend of mine was in a car accident where the other person accused her of injuring them. Because she hired an attorney, she was able to get proof that she had not hurt the person, nor their vehicle.

Reply
Ellie Davis link
4/28/2018 12:00:52 pm

I like that you point out that just simply paying the fine is the equivalent of just pleading guilty. My brother was pulled over yesterday. I think he should find a lawyer and fight the ticket.

Reply
James Anderson link
5/8/2018 03:58:11 am

It's surprising to know that one benefit of getting a traffic law attorney is that it allows you to continue with your routine without having to appear in court, as simply paying the fine is equivalent to pleading guilty and may cause you to earn points against your insurance and driver's license. My brother mentioned that he was arrested because of a traffic law infraction. Knowing this, I'll mention to him that he should get in touch with a traffic law attorney that can help him with his case.

Reply
Todd Stauffer link
5/22/2018 10:28:47 am

I like how you said that having a traffic lawyer will greatly outweigh any risks of not having one. One of our sons gets pulled over pretty regularly for speeding it seems and it is getting ridiculous. We'll have to look into getting a lawyer to see if that will help him out.

Reply
Jordan link
7/2/2018 04:07:37 pm

I've been looking for a traffic law attorney for my wife since she got a ticket. I like that you talked about how you want to look at what the points are for a traffic attorney and I think that being able to get some tips would be nice. I'm going to have to look for a good traffic law attorney and see if we can keep the points off her ticket!

Reply
Dave Anderson link
12/21/2018 04:13:36 pm

That is a great point that the benefits of having a lawyer for traffic violations outweigh the risks of not having one. Maybe it would be a good idea for me to get a traffic lawyer since I just got a speeding ticket. It would be nice so they could help me bring down the price of the fine.

Reply
Randy Chorvack link
10/8/2019 11:20:57 am

It's interesting to know that driving on the wrong side of the road only gives you two points. It seems like something that is really dangerous. Especially if the road is busy. If I saw a car speeding towards me I would have a heart attack.

Reply
kate hansen link
12/10/2019 12:12:33 pm

It was really helpful when you said that an attorney can benefit you by helping you handle your ticket so you can't miss work. Last night I got my very first speeding ticket in my life, and I was wondering if I should hire an attorney or not. I really appreciate you helping me understand the benefits of hiring a lawyer for a traffic ticket.

Reply
Zachary Tomlinson link
7/9/2020 07:52:34 pm

Fantastic article. Thanks for helping me learn more about dealing with traffic tickets. I had no idea that traffic tickets accumulate driver license points, which could lead into unwanted results such as license suspension. My friend got a traffic ticket the other day, and he's curious if paying it would suffice. I'll share this with him and suggest that he contact a local attorney for legal advice.

Reply
Kristofer Van Wagner link
8/5/2020 09:27:23 am

I never knew that a traffic lawyer can actually help us reduce our traffic sentences. The other day my brother mentioned that he needs a traffic lawyer to help reevaluate his traffic credit. I will advise him to hire a traffic attorney soon.

Reply
Bob Newton link
4/22/2021 01:09:38 pm

It's valuable that you mention that hiring a lawyer for a traffic violation can help keep your insurance rate from rising. My wife got a traffic ticket last week, so I'm thinking about finding a lawyer for her. I'm going to search for a reliable traffic lawyer in the area that can help.

Reply
Corine Harris link
8/23/2021 12:06:08 am

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Reply
John Carston link
10/8/2022 03:04:27 am

I found it interesting when you said that you could prevent the risks waiting for you if you ignore having a lawyer for your case. A couple of days ago, a friend of mine mentioned he was given a ticket for a traffic violation. He asked if I had any idea what would be the best option to do. I love this enlightening article. I'll be sure to tell him that it will be much better if he consults a trusted traffic ticket lawyer as they can help him with all his concerns.

Reply
Victoria Addington link
3/10/2023 12:29:28 pm

Thank you for letting me know that we should call an experienced attorney if we received a ticket. My friend wants to hire a traffic citation lawyer. I should advise him to hire one with vast experience in their field.

Reply



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