Speeding Tickets

Most all speeding/traffic violations will trigger insurance points and some cases loss of driving privileges if plead out as charged. By law, the North Carolina Division of Motor Vehicles shall have authority to suspend a license with or without a preliminary hearing under these circumstances:

1. Has within a three-year period, accumulated 12 or more points, or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended;
2. Has made, permitted an unlawful/fraudulent use of a license or a learner’s permit, or has displayed, represented as his/her own, a license or learner’s permit not issued to him/her;
3. Has committed an offense in another state, which would be grounds for suspension in this State;
4. Has been convicted of illegal transportation of alcoholic beverages;
   1. Has been convicted of impaired instruction to provisional licensee;
   2. Has committed an impaired driving offense on a military installation and, as a result of that violation, has had his/her privilege to drive on that installation suspended after an administrative hearing;
5. Has, within a period of 12 months, been convicted of (i) two or more charges of speeding over 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding over 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding over 55 and not more than 80 miles per hour;
6. Has been convicted of operating a motor vehicle at a speed over 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour;
7. Has been convicted of operating a motor vehicle at a speed over 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or
8. Has been sentenced by a court not to operate a motor vehicle for a period of time.

However, if the Division of Motor Vehicles suspends without a preliminary hearing and the person whose license is being suspended requests a hearing before the effective date of the suspension, the licensee retains his/her license until the hearing is held, the person withdraws his/her request, or he/she fails to appear at a scheduled hearing.

The Division of Motor Vehicles shall maintain a record of convictions of every person licensed or required to be licensed and shall enter into those records all convictions of such persons for any violation of the motor vehicle laws of this State. Each conviction is allotted a point or points by the Division of Motor Vehicles. The below chart of points is a separate system than the one used by insurance companies and NCDMV points appear on a person’s driving record as they are accumulated.

NCDMV Point Values for Non-Commercial Drivers

Passing stopped school bus: 5

Aggressive driving: 5

Reckless driving: 4

Hit and run, property damage only: 4

Following too close: 4

Driving on wrong side of road: 4

Illegal passing: 4

Failure to yield right of-way to pedestrian: 4

Failure to yield right of-way to bicycle, motor scooter, or motorcycle: 4

Running through stop sign: 3

Speeding in excess of 55 miles per hour: 3

Failing to yield right-of-way: 3

Running through red light: 3

No driver’s license or license expired more than one year: 3

Failure to stop for siren: 3

Driving through safety zone: 3

No liability insurance: 3

Failure to report accident where such report required: 3

Speeding in a school zone: 3

Failure to properly restrain a child: 2

All other moving violations: 2

Littering involving the use of a motor vehicle: 1

It is important to review your case and your driving history with a trained and experienced trial attorney to see that the negotiated outcome will safeguard against insurance increase and forfeiture of your driving privileges.

Contact me now at eddk@eddkrobertslaw.com or give me a call a 919-782-8115 to set up a free consultation.

The information contained in this site is not intended to be legal advice. You should consult a lawyer for advice regarding your specific matter.