Like most other states, North Carolina statutes have a long list of traffic violations. There are more than six million vehicles registered in the state. Every day thousands of drivers are ticketed for traffic violations. While driving on the highways of the Tar Heel state, any of the following can get you in trouble with the law.
- Speeding
- Driving while impaired by alcohol/drugs
- Driving with a suspended license
- Driving with a revoked license
- Driving with an expired registration
- Driving on the wrong side of the road
- Seat belt violation
- Failure to stop at a red light, stop sign
- Failure to use turn signal
- Failure to stop for a siren
- Failure to stop for a school bus
- Failure to yield a right-of-way
- Failure to use Child Car Seat/Booster Seat
- Failure to carry liability insurance
- Illegal U-turn
- Illegal passing
- Following too closely
- Careless and reckless driving
- Hit and Run/Leaving the scene of an accident
- Driving without insurance/insufficient insurance
- Driving after consuming alcohol, driver under 21 years of age
- Manslaughter or negligent homicide involving a motor vehicle
When a police officer stops you for a traffic violation and issues a ticket, the ticket is your order to make an appearance at a specified date and time in the county court where you were ticketed. For some offenses you can waive your right to appear in court by simply paying the court costs and fine prior to your court date. However, if you do so, you are admitting guilt, which may have an impact on both your driver’s license and on your car insurance. Therefore, it is always prudent to consult an attorney for legal advice before waiving your right to appear in court.
When you pay the amount due for the fine, points are added to your Department of Motor Vehicles record, and your insurance rates will increase dramatically. The more points you are assessed, the greater the jump in your insurance premium. Using a speeding conviction as an example, an insured North Carolina driver who pays a ticket for speeding 76 mph in a 65 mph zone, will have four points added to his record and a 90% insurance rate increase for the next three years.
The assistance of an attorney is invaluable, if you receive a ticket for violating traffic laws in North Carolina. An attorney will explain your rights, defend you, make every effort to have your driving privileges restored, and may make a significant difference in the fine you pay, the points assessed, and whether or not your driver’s license is suspended or revoked, or you serve a jail sentence.
North Carolina DWI
A DWI (driving while impaired by alcohol or drugs) is also referred to as drunk driving. In North Carolina, a DWI is among the most serious traffic violations. The gravity of the offense is reflected in the severe penalties even for first time offenders. And the punishment for second and third time convictions is far greater.
- Although the legal limit of alcohol concentration in the blood is 0.08%, you can be charged and convicted of a DWI with a blood alcohol content of less then 0.08%.
- Twelve points will be charged for a DWI conviction and your insurance rate will increase 400%. (i.e. if your insurance premium was $400 prior to the DWI, afterwards it will be $2000.)
- If you are convicted for drunk driving, you will also have a have a subsequent criminal record. Prospective and current employers, credit bureaus, and government agencies will be able to see your record. A drunk driving conviction in North Carolina will remain on your record permanently.
Traffic Violation Points and the North Carolina Safe Driver Incentive Plan
The North Carolina Safe Driver Incentive Plan (SDIP) classifies drivers based on driving histories and convictions for violations. The Plan rewards safe drivers with the lowest possible insurance rates. Drivers convicted of moving traffic violations and/or those who cause accidents are charged higher premiums in accordance with their driving records.
The chart below shows how SDIP points are charged for convictions and at-fault accidents occurring during the “experience period.” The experience period is defined as the three years immediately preceding the date of application/preparation of a driver’s insurance policy renewal.
12 |
Manslaughter or negligent homicide
Prearranged highway racing or lending a car for prearranged highway racing
Hit-and-run, bodily injury or death
Driving under the influence
Driving while blood alcohol level greater than .08%
Driving while impaired
Transporting illegal intoxicating liquor for sale |
10 |
Highway Racing or lending a car for highway racing
Speeding to elude arrest |
8 |
Driving during revocation or suspension of license or registration |
4 |
Reckless Driving
Hit-and-run, property damage only
Passing a stopped school bus
Speeding in excess of 75 mph or 80 mph in 70 zone
Driving after consuming alcohol, driver under 21 |
3 |
At-fault accident resulting in bodily injury over $500 or death; or property damage of $2,500 or more |
2 |
Illegal passing
Speeding in excess of 55 mph but less than 76 mph
Driving on wrong side of road
At-fault accident resulting in property damage in excess if $1,500, but less than $2,500 |
1 |
All other moving violations or at-fault accident with property damage of $1,500 or less, bodily injury of $500 or less |
SDIP points are not charged for an accident provided:
- There is property damage only
- Amount of damage is $1,000 or less
- There is no conviction for a moving violation in connection with the accident; and
- No licensed operators in the household have convictions or at-fault accidents during the experience period.
Speeding 10 mph or less over the posted speed limit; provided:
- The violation did not occur in a school zone:
- There is a clean driving record for the previous three years (a single Prayer for Judgment Continued (PJC) will not count as a prior conviction for the purpose of this exception).
One PJC for each household every three years, provided there are no other PJC's incurred during that time.
Only the higher of the accident or violation points will be charged when a person is convicted of a violation in conjunction with an accident.
Damage by animal or fowl contact; also flying gravel or falling objects.
How Insurance Points Change Your Premiums
Points |
% Rate |
Cost if
Basic Rate
is $400 |
Points |
% Rate |
Cost if
Basic Rate
is $400 |
1 |
25% |
$500 |
7 |
180% |
$1120 |
2 |
45% |
$580 |
8 |
220% |
$1280 |
3 |
65% |
$660 |
9 |
260% |
$1440 |
4 |
90% |
$760 |
10 |
300% |
$1600 |
5 |
120% |
$880 |
11 |
350% |
$1800 |
6 |
150% |
$1000 |
12 |
400% |
$2000 |
At the law firm of Mako & Associates in Wilmington, our attorneys regularly defend clients charged with traffic violations and protect their rights under the law.
When you need legal help with a DWI offense or other traffic violation, call our office at (888) 723-6256 to arrange an appointment and learn how our experience can benefit you. Hablamos Español. |
