Shelby Traffic Violation Lawyer
Shelby Traffic Violation Attorney
At The Schweppe Law Firm, P.A., we have dedicated decades of our practice to protecting uninformed drivers of their rights. So many people assume that once they receive a ticket, the only option is to pay it and move on.
But there are strings attached to this approach. Never assume a simple speeding ticket has only simple consequences. If you pay your ticket through the mail, you are pleading guilty as charged and will miss valuable opportunities to improve your circumstances. Pleading guilty can and usually does affect your future driving privileges and your insurance.
Why You Should Negotiate A Ticket
Eventually, most drivers receive a speeding ticket or moving violation. Do not be tempted to pay the ticket. In nearly every case, we will mitigate the effects of a ticket, and you will never have to appear in court. In Cleveland County, with our representation, most speeding charges can be negotiated to the non-moving offense of “improper equipment.” This reduced offense carries no points on your driving record or your insurance. Drivers from across the country have trusted us to resolve their North Carolina tickets, and our representation is more affordable than you might think.
Understanding How License And Insurance Points In North Carolina
Most drivers assume that once they receive a moving violation ticket the only thing to do is to pay it. This is simply not true. In many, perhaps MOST cases you are better off in the long run if you do challenge a ticket and get it reduced or dismissed.
At The Schweppe Law Firm, P.A. we offer a free consultation with an established attorney. We want to meet with you so that you fully understand your options and the consequences of doing nothing. Our pat advice is to NOT PAY THE TICKET. Why? Because payment is admission of guilt. In fact, most speeding charges can be negotiated to a lesser charge. The lesser, non-moving charge will not create points on your license and will not affect your insurance.
Take Your Ticket Seriously, But Do Not Pay It
North Carolina uses a system in which every moving violation is assigned a point value under two systems. Out-of-state drivers should be cautioned that these systems apply to North Carolina drivers only. Check with an attorney licensed in your state to determine the impact of your ticket.
The assessment of points in North Carolina begins with the Division of Motor Vehicles, the agency that maintains your driving record. The accumulation of these points can result in the suspension of your license, even if you have an otherwise clean record. This chart summarizes the point breakdown:
| Point Value: | Conviction: |
| 5 Points | Passing a stopped school bus loading or unloading children |
| 4 Points | Reckless driving |
| 4 Points | Hit and run, property damage only |
| 4 Points | Following too closely |
| 4 Points | Driving on wrong side of road |
| 4 Points | Illegal passing |
| 3 Points | Running through stop sign |
| 3 Points | Speeding more than 55 mph |
| 3 Points | Speeding through school zone |
| 3 Points | Failure to yield right of way |
| 3 Points | No driver’s license or license expired more than one year |
| 3 Points | Running through red light |
| 3 Points | Failure to stop for siren |
| 3 Points | Speeding through safety zone |
| 3 Points | Failure to report accident where such report is required |
| 3 Points | No liability insurance |
| 2 Points | All other moving violations |
| 1 Point | Littering involving a motor vehicle |
If you are driving a commercial vehicle different license points are assessed.
Driver’s license point values for conviction of violations while operating a commercial vehicle:
| Point Value: | Conviction: |
| 8 Points | Passing a stopped school bus loading or unloading children |
| 6 Points | Rail-highway crossing violation |
| 5 Points | Reckless driving |
| 5 Points | Hit and run, property damage only |
| 5 Points | Following too closely |
| 5 Points | Driving on wrong side of road |
| 5 Points | Illegal passing |
| 4 Points | Running through stop sign |
| 4 Points | Speeding more than 55 mph |
| 4 Points | Speeding through school zone |
| 4 Points | Failure to yield right of way |
| 4 Points | No driver’s license or license expired more than one year |
| 4 Points | Running through red light |
| 4 Points | Failure to stop for siren |
| 4 Points | Speeding through safety zone |
| 4 Points | Failure to report accident where such report is required |
| 4 Points | No liability insurance |
| 4 Points | Possessing alcoholic beverage in passenger area |
| 3 Points | All other moving violations |
| 1 Point | Littering involving a motor vehicle |
The second assessment of points occurs against your insurance. This system is known as the Safe Drive Insurance Plan (“SDIP”) and establishes classifications of drivers based on their history of accidents and moving violations. The SDIP determines the appropriate insurance surcharge for drivers based on the accumulation of points which are associated with a particular percentage increase in a driver’s insurance premiums. It is cost effective to hire an attorney, because North Carolina traffic violations are expensive. In addition to the minimum of $150.00 due for court costs and fines, even a modest speeding ticket can cost you thousands of dollars more in insurance premiums. And, out of state drivers should be aware that North Carolina will usually report a conviction to your home state.
Let us help you save thousands of dollars in insurance premiums. Here is a summary of North Carolina’s SDIP system:
| SDIP Points: | Convictions and At-Fault Accidents: |
| 12 Points |
|
| 10 Points |
|
| 8 Points |
|
| 4 Points |
|
| 3 Points |
|
| 2 Points |
|
| 1 Point |
|
No SDIP points will be charged for:
An accident provided all of the following are true:
- There is property damage only;
- The amount of damage is $1,500 or less ($1,800 or less if accident occurs on or after Jan. 1, 2004);
- 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. (An insurance company may require that the insured be covered by that company for six continuous months.)
Speeding 10 mph or less over the posted speed limit; provided all of the following are true:
- The violation did not occur in a school zone; and
- There is not another moving traffic violation for the experience period (an isolated 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; however
- The violation did not occur in a school zone; and
- There is not another moving traffic violation for the experience period (an isolated 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; however
- A second PJC may cause points to be charged according to the underlying convictions.
| Insurance Points Will Cost You Money | ||
| Point | % of Rate Increase | Cost if Basic Rate is $300 |
| 1 | 25% | $375 |
| 2 | 45% | $435 |
| 3 | 60% | $480 |
| 4 | 80% | $540 |
| 5 | 105% | $615 |
| 6 | 130% | $690 |
| 7 | 160% | $780 |
| 8 | 190% | $870 |
| 9 | 225% | $975 |
| 10 | 260% | $1,080 |
| 11 | 300% | $1,200 |
| 12 | 340% | $1,320 |
Get Professional, Proven legal Guidance Today
As you can see, anyone charged with speeding can benefit from an experienced and aggressive attorney. We can help you understand your rights and your options. Let us help you protect your future driving privileges. Call 704-487-7204 or consult an attorney at the firm today for free to find out more. You have nothing to lose but points on your license and increased insurance premiums.
Find Out Why Not Paying Is Often The Better Option
We offer a free consultation so that you can understand your options and how contesting a ticket, rather than paying it, may be better for you. You will speak directly to the attorney handling your DWI case. Unlike most other firms in Shelby NC, we never delegate client consultations to support staff. As professional attorneys invested in this community and the firm, we value the personal relationships that we have with our clients. Let us show you the difference we can make. Call attorney David Schweppe today at 704-487-7204, or submit the facts and circumstances of your case directly to attorney Schweppe by using our website connection email.
Zero % Interest Payment Plans Available. As well as Military, First Responders, Government Worker’s and Educator’s Discounts Available.
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