Traffic Offenses

traffic offense lawyer durham ncHave you been charged with a traffic offense? Thomas, Ferguson & Mullins represents clients on a variety of traffic matters ranging from speeding tickets to Driving While License Revoked charges and Driving While Impaired (DWI). An attorney can advise whether you are facing insurance points, driver’s license points, or a possible revocation of your license based on the traffic offense and your particular circumstances. Your attorney at Thomas, Ferguson & Mullins will work to minimize your liability as much as possible for all traffic offenses. Many traffic offenses do not require your presence in court if you have hired an attorney to represent you. Contact us to see if we can handle your case without you needing to appear in court.

If your license is suspended or revoked for any reason, an attorney at Thomas, Ferguson & Mullins can also determine why your license is suspended. Sometimes, you only need to pay online to take care of an old ticket, but paying online is considered pleading guilty and will show on your criminal record. You may also be eligible for a limited driving privilege that will get you driving legally and is the first step to showing DMV that your license should be reactivated.

Types of Traffic Tickets & Points Assessed by the North Carolina Department of Motor Vehicles

Your traffic ticket may be for one of the following violations, and you will be assessed the associated points by the North Carolina Department of Motor Vehicles if you are found guilty or the charge is not reduced.

  • 5 Points: Passing a school bus which had stopped for children.
  • 4 Points: Reckless driving; Hit and run; Following too closely; Driving on the wrong side of the road; Illegal passing.
  • 3 Points: Running through a stop sign; Speeding in excess of 55 miles per hour; Failing to yield right-of-way; Running through a red light; No driver’s license or license expired more than one year; Failure to stop for siren; Driving through safety zone; No liability insurance; Failure to report accident where such a report is required; Speeding in a school zone in excess of the posted school zone speed limit.
  • 2 Points: Failure to properly restrain a child in a restraint or seat belt.
  • 1 Point: Littering involving use of motor vehicle.
  • 0 Points: Seat belt violation; Improper equipment, plates, registration, muffler.

SDIP: The State of North Carolina Department of Insurance Points

In addition to Department of Motor Vehicle Points, the State of North Carolina Safe Driver Incentive Plan (SDIP) records a different set of points, affecting insurance premiums. There are some exemptions based on certain conditions. Consulting an attorney, like the lawyers at Thomas, Ferguson & Mullins, LLP can help you determine if you qualify for exemptions.

  • 12 Points: Manslaughter or negligent homicide; Pre-arranged highway racing or lending a car for pre-arranged highway racing; Hit-and-run resulting in bodily injury or death; Driving with a blood alcohol level of .08 or more; Driving a commercial vehicle with a blood alcohol level of .04 or more; Driving while impaired; Transporting illegal intoxicating liquor for sale.
  • 10 Points: Highway racing or lending a car for highway racing; Speeding to elude arrest.
  • 8 Points: Driving during revocation or suspension of license or registration; Aggressive driving.
  • 4 Points: Reckless driving; Hit-and-run resulting in property damage only; Passing a stopped school bus; Speeding in excess of 75 mph when the speed limit is less than 70 mph; Speeding in excess of 80 mph when the speed limit is 70 mph or greater; Driving by a person less than age 21 after consuming alcohol or drugs.
  • 3 Points: At-fault accident resulting in death or bodily injury* (to all persons) in excess of $1,800; OR resulting in total property damage (including damage to insured’s own property) of $3,000 or more.
  • 2 Points: Illegal passing; Following too closely; Driving on the wrong side of the road; At-fault accidents resulting in total property damage (including damage to insured’s own property) in excess of $1,800 but less than $3,000; Speeding more than 10 mph over the speed limit provided the total speed is in excess of 55 mph but less than 76 mph; Speeding 10 mph or less in excess of speeding zone of 55 mph or greater.
  • 1 Point: All other moving violations; At-fault accident resulting in bodily injury* (to all persons) of $1,800 or less, OR resulting in property damage (including damage to insured’s own property) of $1,800 or less; Speeding 10 mph or less in excess of speed limit less than 55 mph.

*No insurance points will apply for bodily injury if the injured furnishes proof that the medical costs were incurred solely for diagnostic purposes.

A traffic violation can be a serious offense costing you money for years to come thanks to increased insurance premiums.

Traffic Offense Representation

We can appear in court on your behalf and apply all our experience towards getting your case dismissed or your charges reduced.