Traffic Lawyers in Charlotte and Monroe NC - Traffic Tickets, Traffic Citations and Traffic Law Attorneys

Before doing anything, we think it’s smart to talk to a lawyer. In North Carolina, if you pay off a citation, that is the same thing as pleading guilty, even if you don’t go to court.

Paying a ticket is an admission of responsibility for infractions (IF) and guilt (for criminal traffic tickets (CR), as the case may be.

In North Carolina, traffic tickets fall into two categories. Criminal charges, marked with "CR" in the ticket's case number, require either a guilty plea or a formal finding of guilt or innocence by a judge or jury.

Infractions involve an admission or finding of “responsibility.” Criminal traffic violations, designated as “CR” within the case number of the ticket, involve a guilty plea or judgment of innocence or guilt by the Finder of Fact.

As traffic lawyers practicing in North Carolina, we regularly encounter clients who are confused about the nature of their traffic tickets.

One common question is about infractions - a type of traffic violation that's less severe than criminal offenses but can still impact your driving record and finances.

In North Carolina, an infraction can be a violation of traffic law. Unlike misdemeanor criminal traffic violations, infractions don't carry the weight of a criminal offense. This means that if you receive a ticket for an infraction, you won't end up with a criminal record.

"It's important to understand that infractions do not result in jail time. That doesn’t mean you should just pay a traffic infraction without first speaking to an attorney."

- Bill Powers, Traffic Ticket Lawyer

That sets infractions apart from other, more serious, criminal traffic violations, which may involve allegations of Reckless Driving, DUI charges, speeding to elude arrest, and even misdemeanor death by vehicle charges in North Carolina.

It’s a Class 3 misdemeanor if you drive a vehicle on a highway at a speed that exceeds either: 1. The speed limit by more than 15 miles per hour, or by traveling 80 miles per hour or greater in any speed zone.

Certain traffic violations may serve as a “predicate offense” for felony charges. For example, felony flee to elude can involve several different types of traffic violations or tickets that in themselves might ordinarily be a misdemeanor.

When certain traffic violations happen while someone is trying to escape from a police officer, and two or more of them occur together, it can become a felony. Here are some qualifying traffic ticket violations:

1. Drive more than 15 mph over the speed limit
2. Drive while grossly impaired (either by drugs or having a high blood alcohol level of 0.14 or higher)
3. Drive recklessly
4. Cause an accident that either:
   • Does more than $1,000 in damage, or
   • Hurts someone
5. Drive with a revoked license
6. Speed in a school zone or work zone when those speed limits are in effect
7. Pass a stopped school bus
8. Have a child under 12 in your car

So if someone tries to flee from police while speeding 20 mph over the limit (one factor) and has their child in the car (second factor), what might have been separate misdemeanor charges can result in a felony offense.

Typical examples of infractions include low-level, very minor speeding tickets (within certain limits), running a stop sign, or failing to signal a turn. These are generally considered less serious violations compared to criminal traffic offenses like DWI or reckless driving. However, don't let the term "less serious" fool you - infractions can still have consequences.

One of the defining characteristics of an infraction is that it can often be resolved by simply paying the ticket, which might result in a fine and court costs.

Sometimes, you may not even need to appear in court if you pay the ticket. This streamlined process is designed to handle minor violations efficiently. The problem is, by paying off a ticket, you may trigger an increase in your insurance premiums under the NC Safe Driver Incentive Plan.

As traffic lawyers, we think it’s a good idea to consider your options before automatically paying the fine. There may be strategies to minimize the impact on your driving record.

While infractions are less serious when compared to criminal traffic violations, they can still affect your wallet. The financial impact doesn't stop at the fine itself - infractions can lead to increased insurance premiums, though typically not as severely as criminal traffic offenses like Impaired Driving, Misdemeanor or Felony Death by Vehicle, or Felony Serious Injury by Vehicle charges would.

It's worth noting that infractions usually have a less severe impact on your driving privileges. While accumulating too many infractions can eventually lead to NC DMV points and license suspension, a single infraction is less likely to result in loss of driving privileges compared to criminal traffic violations like DWI charges in North Carolina.

Another important distinction is the effect on employment. Because infractions don't result in a criminal record, they generally have less impact on job prospects. However, even infractions should be taken seriously for those whose work involves driving, especially for Class A and Class B Commercial Drivers (CDL).

Clearly, accumulating multiple infractions can lead to more serious consequences over time. We think it’s a good idea to consult with a traffic offense law firm to understand your options and potential long-term impacts.

Remember, whether you're dealing with a simple infraction or more serious criminal traffic violations, understanding your rights and options is key. A knowledgeable traffic lawyer can provide guidance tailored to your specific situation, helping you navigate the complexities of North Carolina traffic law.

Maybe. While traffic tickets can get pretty complicated, a lawyer is not always necessary in certain circumstances. That’s why we think it makes sense to talk to a traffic infraction attorney before paying your ticket.

The good news is that at the Powers Law Firm PA, our initial consultation for criminal charges and traffic tickets is free of charge. (That’s not true for Family Law, Divorce, and Domestic Violence Protective Orders, where consultation fees, hourly rates, and a True General Retainer are generally required.)

We will consult with you about your ticket in Mecklenburg County or Union County, North Carolina, and provide background information about how traffic court works and what you might expect.

"There are some tickets where, after a full discussion of legal options, we tell people they can and should handle the ticket themselves. On the other hand, there are also times when having a lawyer on your side in court is a really good idea."

- Bill Powers, Traffic Ticket Lawyer

Some people go to court by themselves thinking, “I’ll just get a PJC” or “Everyone is entitled to one PJC.” That’s not always an option or appropriate in every instance.

A lot depends on the type of ticket, your prior driving history (DMV record), the type of license you have (Class C vs Class A or Class B CDL), and where you are licensed (North Carolina vs another state).

What you need to know about a Prayer for Judgment Continued

Here are some big-picture basics about a PJC in North Carolina:

• PJC stands for Prayer for Judgment Continued
• A Prayer for Judgment Continued or “Continued Judgment” is not available or appropriate in every circumstance
• A PJC is not allowed for Driving While Impaired charges in NC
• A PJC is not allowed for speeding tickets that are charged with going more than 25 miles per hour over the posted speed limit
• A PJC is not allowed for Passing Stopped School Bus charges
• You are not entitled to or guaranteed a PJC even with a clean record
• A PJC does not result in dismissal of charges
• A PJC is not considered a “final judgment.” As such, there is no right to appeal a District Court PJC to Superior Court for a trial de novo jury trial
• CDL Drivers - Commercial Drivers License holders are not eligible for a PJC

The two biggest court systems in North Carolina are in Mecklenburg County and Wake County. Traffic tickets issued in Charlotte (Mecklenburg County: Charlotte, Matthews, Pineville, Huntersville, Cornelius, and part of Davidson NC) are normally first assigned to Courtroom 1130.

Courtroom 1130 is what traffic lawyers in Charlotte often refer to as an “Admin Court” or administrative court. There aren’t trials in administrative court. There is no testimony or presentation of evidence in Courtroom 1130 Traffic Court in Mecklenburg County.

Helpful Tips about Traffic Court

Police officers also do not appear in the administrative setting, so you shouldn’t plan on having your charges dismissed because the police officer is not there.

You can appear on your behalf (without an attorney) in Courtroom 1130. That’s called pro se legal representation, which basically means you represent yourself without the assistance of an attorney.

Many traffic tickets are not eligible for the appointment of legal counsel (public defender). That means you don’t always have the right to an attorney paid for by the State (appointed legal counsel or public defender) for certain traffic tickets.

Appointment of Legal Counsel

You also should not assume the charges will be dismissed because you have a clean record. If you plan on going to traffic court in Charlotte, be prepared to wait.

Courtroom 1130 can get incredibly busy, with sometimes hundreds and even thousands of different matters being set for disposition. If you have legal questions about how your traffic ticket may affect your insurance or points issued by NCDMV, the prosecutor (the Assistant District Attorney, the “State”) cannot answer legal questions or give legal advice. That’s also true for judges. Judges are not allowed to give you legal advice.

Much like in Mecklenburg County, traffic tickets in Monroe are often handled in an administrative court setting on the Second Floor of the Union County Judicial Center.

There are not trials in administrative court. As such, the police officer who wrote the ticket may not be required to attend the first setting.

Contrary to what some people might think, if you appear in administrative traffic court in Union County NC, and don’t see the police officer, that doesn’t mean your case will be automatically dismissed.

The State, through an Assistant District Attorney assigned to traffic court, may negotiate matters. You are not required to hire a lawyer to handle your ticket in Union County, North Carolina, but we think it helps to at least consult with an experienced traffic ticket lawyer.

Traffic court in Monroe NC is normally pretty busy and can result in an extended period of time waiting to speak with the prosecutor.

If you’re facing the possibility of a license revocation in North Carolina or license suspension (criminal lawyers tend to use those terms interchangeably), we think it’s a good idea to seek legal counsel.

DMV issues in NC are often complicated, and there can be important time constraints and filing requirements.

For example, the failure to request a revocation hearing, administrative hearing, or properly challenge a license restoration in a timely fashion may result in the waiver of your right to administrative relief.

In fact, there are some relatively strict guidelines regarding whether you’re entitled to a restoration hearing or license suspension review.

If you have questions about whether a traffic ticket or other criminal case can affect your ability to drive in North Carolina, you should immediately seek the advice of an experienced traffic ticket attorney.