Roberti,
Wittenberg, Lauffer, & Wicker, Attorneys at Law .
HOMEPAGE
How
to Fight Traffic Offenses:
North Carolina’s driving laws are very complex and in most cases there
are severe legal consequences that can result when an individual is convicted
of a traffic offense.
Therefore, contact Roberti, Wittenberg, Lauffer, and Wicker Law Firm immediately
if you, or someone you know, have been charged with one of the following traffic
offenses:
•
Speeding
•
Stop light & sign violations
•
Driving without an operator's license or while a license is revoked
•
Unsafe movements and driving while impaired (DWI)
If
you get arrested or are issued a citation know your rights:
- Call
Us!
- Don’t
pay off the Traffic ticket until you speak to an attorney
- Consider
the evidence
- Understand
how your insurance points and rate increases
1. Call the Roberti, Wittenberg, Lauffer, and Wicker Law Firm!
Email David Wicker or Miguel Munoz for help with your traffic problems,or you can call us at (919) 683-2436 or (800) 277-3003. Since 1985, we have successfully
defended thousands of clients facing traffic charges in North Carolina.
Your first consultation is free.
2.
Don’t pay off the Traffic
ticket until you speak to an attorney:
When a police officer gives you a ticket, you may be told that
you can pay the ticket and not go to court. If you do pay, you
are waiving
your constitutional right to appear in court and have your matter
tried. You are admitting that you are guilty, that the court should
treat
you as guilty, and you are agreeing to have a conviction entered
against you.
Before you plead guilty, call us. We practice in traffic court. Ask
your lawyer whether the ticket you received is a moving violation
and, if it is, whether it will it affect your privilege to drive
or your
insurance premiums. Find out whether or not there is something the
court, or the State, should consider before a guilty plea is entered.
A guilty plea may result in the loss of your driving privileges or
an increase in your insurance premiums.
3. Consider
the evidence you have to support your version of the facts:
The facts surrounding your reason for speeding or driving without
a license, or whatever the case may be, are different then everyone
else. We can not tell you the numbers of times we have heard someone say
they have a friend who knows someone who heard someone say they had
a similiar case
and got a specific result. Each case is unique unto itself.
In each county, the District Attorney has different
rules and policies regarding the disposition of traffic tickets.
These policies
include the nature of the original charge, the reason for your individual
actions and whether or not you have a prior record.
So, we consider the evidence
to find if you have a valid legal defense which will justify your
reason
at the hearing. Without the knowledge of how all your factors come
into play, you can not get the best result in the disposition of
your traffic ticket.
4.
Understand how your insurance points and rate increases:
When you are convicted of a traffic citation, there are three different
ways that you will be punished.
1. The court will order that you pay a fine and the costs of court.
Currently, court costs total one hundred ten dollars ($110.00). Fines are within
the discretion of the trial judge.
2. The Department of Motor Vehicles will assess driver’s license
points to your driver’s license.
3. Your insurance carrier will assess you insurance points.
There are certain traffic citations which will result in the loss of
your driving privileges, even if it is your first offense. In addition,
the points assessed by the Department of Motor Vehicles are used to
revoke driver’s licenses when an excessive number of points accumulate.
Your insurance company will increase your insurance premiums based
upon the number of points assigned to a particular charge. In many
cases, it is the insurance rate increase that poses the gravest consequences.
Below is the rate of increase in your insurance premiums that results
after a traffic conviction:
Points |
% RATE |
Payment NOW
|
|
Points |
% RATE |
Payment NOW |
1 |
25% |
$375 |
7 |
180% |
$840 |
2 |
45% |
$435 |
8 |
220% |
$960 |
3 |
65% |
$495 |
9 |
260% |
$1080 |
4 |
90% |
$570 |
10 |
300% |
$1200 |
5 |
120% |
$660 |
11 |
350% |
$1350 |
6 |
150% |
$750 |
12 |
400% |
$1500 |
If you have never had a traffic conviction in the past, a conviction
of driving 70 in a 55 mile per hour zone (a 2 insurance offense)
will result in a forty-five percent (45%) increase in you insurance
premiums.
Without any prior traffic convictions, a conviction of driving while
impaired (a 12 insurance offense) will result in a four hundred percent
(400%) increase in you insurance premiums.
One of the
most serious traffic offenses in North Carolina is Driving While
Impaired. If you
are convicted of Driving While Impaired in North
Carolina there is a mandatory driver’s license revocation, even
for the first offense. For a second offense within a seven (7) year
period, there is a mandatory jail sentence which the court must impose.
In order for the state to convict you for driving while impaired, they
must prove that you operated a motor vehicle in a public vehicular
area and that you were either impaired by a particular substance (alcohol
or drugs) or that your blood alcohol concentration was .08 or greater.
I have represented hundreds of individuals charged with driving while
impaired. I can assist you with determining what, if any, defenses
are available to you to avoid being convicted of this charge--or
if there is no legal defense, to assure that you receive the lightest
possible sentence. I may help you to minimize or eliminate your insurance
points.
The Chancellor Building
100 East Parrish Street, Suite 200, Durham, NC 27702
Phone:
1-800-277-3003 or 919-683-2436
Fax: 919-688-4378
legalHelp@durhamtriallawyers.com
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