Derek M. Gray
Attorney
Graystar Legal and McMinn & Logan are now McMinn, Logan & Gray
Traffic offenses are not as clear-cut as being pulled over, pleading guilty, and paying the fine. Not all traffic offenses are considered equal. There are times when it may even make sense to challenge what you may think is a routine traffic charge.
We treat our clients with the dignity and respect they deserve.
When you have been pulled over for a traffic offense, you should never make any assumptions without knowing your options and the impacts that a conviction may have on you. Before you mail a check or make any decisions, you should consult with an experienced Winston-Salem traffic lawyer. What you may think is something routine could cost your license in the long run. You may even end up in jail because of a traffic charge.
The first question that someone always asks is whether it is worth it to fight a traffic ticket or pay it off. Even paying off a traffic ticket can have collateral consequences for you. If you are convicted of a traffic violation, it will remain with you on your driving record for three years. The effects can build up the more times you are convicted of traffic violations.
Depending on the traffic offense, you may face the following consequences for a conviction:
In North Carolina, there are three different categories of traffic offenses:
There is no question that you need an attorney when you are facing misdemeanor and felony charges. You should strongly consider hiring a traffic lawyer even when you have been cited for an infraction.
Many moving violations will be assigned points when you are convicted of them. In North Carolina, you will lose your driver’s license if you accumulate 12 points on your license over a three-year span.
For any traffic offense, law enforcement must still try and convict you of the offense. Although most traffic offenses will be tried in traffic court directly, you can still come with a lawyer and have your side of the story heard. The officer needs to show up to testify.
In traffic court, the officer will give their version of what they saw. Remember that the officer has their one day in traffic court, and they may be testifying about dozens of different traffic cases in short order. You may have an opening to challenge the charge. However, you cannot just give a blanket statement that you did not do it or that the officer was wrong. Doing so will not work. Instead, you must have something to back up your own claim of innocence.
Here are some ways to defend against your traffic ticket:
One defense that will not work in traffic court is that you did not know the law. All drivers are expected to know traffic rules, and they will be punished if they make a mistake of law.
If you can successfully defend against your traffic ticket, you will not face any penalties. It would be as if the citation never happened. Still, you should check your driving record to make sure that the stop does not appear.
Even if you are convicted of an offense, it does not always mean that you will get points. Some traffic court judges will still make you pay the associated penalty, but they may not give you points. For that reason alone, it is worth it to show up to fight your ticket. Points can mean thousands of dollars of extra auto insurance premiums over the three-year span.
At a certain point, the accumulation of points will cost you driving privileges. Some traffic offenses can mean that you receive five points. For example, passing a stopped school bus is a five-point offense. Reckless driving will mean that you get four points on your license. Most moving violations would result in at least three points on your license.
If your license is suspended under the points system, you can lose your license for:
Before you can get your license back, you must pay a fee. When you accumulate seven points on your license, you could be required to take a driving course, and completing that course would remove three points from your license.
You should at least have a conversation with an attorney before you make any decisions. You may have more legal options than you previously thought.
When you need a traffic lawyer, the attorneys at Graystar Legal are here to help you no matter the charge. We know our way around traffic and criminal court, from every infraction to a felony. We can either help you defend the charges or work for the best possible legal outcome. Call us today or message us online to discuss your case with a free consultation. We will work to find any possible defenses that can help you.
you may be eligible for the First Offender program. This program may help you avoid a conviction and have your charges dismissed and possibly expunged from your record.
The prosecutor’s job is to convict you. Our job is to protect your rights
Paying the fine is an admission of guilt. No matter how low the fine is, it still counts on your driving record, and a conviction will remain with you.
We cannot make that guarantee, but an attorney knows how to address traffic court judges and the defenses that may work in your case.
You can be charged with reckless driving, which may be a misdemeanor.
Plea negotiations and guilty pleas can happen any time before a verdict.
Your parental rights can be removed and you can be removed from your family if you are found guilty of certain crimes. Whether going to prison keeps you away from your children or a specific crime, you do not want to lose your ability to be a parent when you lose a court case. Let’s find better results together.
In North Carolina, your right to bear arms can be stripped for specific crimes. This makes you even more vulnerable to attack and suffering by not being able to protect yourself. If you fear you may lose your second amendment rights because you were in the wrong place at the wrong time, call now.
When you attempt to adopt a child, the state reviews your history with a criminal background check. You do not want charges to stick because you do not have good criminal defense representation, and later prohibit you from adopting a child.
If you are trying to apply for a job that requires a security clearance, you might find that a serious conviction could keep you from getting through the pre-vetting process, much less the checks necessary to get the right position.
If you are a student or considering going to school, your financial aid may become impacted by a criminal charge. Even if you are convicted of a crime after submitting some form of financial aid requests, you may lose your eligibility and even the opportunity surrounding your education.
Your career may be in danger if you are convicted of a criminal charge. Without a criminal defense attorney to help you navigate the legal system, it is quite possible that you lose your credentials and licensure based solely on your conviction. Do you drive for a living? Your DUI / DWI may paralyze your earnings. Work in the medical field? Many positions regulated by a State Board will not allow licensure due to certain convictions.
Here are the areas we serve and the criminal courts where your charges will be heard. The best thing you can do now is speak with a lawyer and get a free consultation.
Did you get arrested? Facing criminal charges? Wondering if you’ll go to jail? Afraid of what happens next? Don’t go alone.
