Traffic Offenses

A Shell Game: The Class 3 DWLR misdemeanor

I was interviewed last week by a reporter from the North Carolina Lawyer’s Weekly about the North Carolina General Assembly’s 2013 budget which has quietly re-classified various misdemeanor crimes – largely traffic crimes – from Class 1 misdemeanors to Class 3 misdemeanors. Chief among them was Driving While License Revoked. DWLR is a fairly common…

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Fleeing to Elude in North Carolina

Fleeing to elude in North Carolina can be a misdemeanor or a felony. Pursuant to NCGS 20-141.5 (pdf), fleeing to elude in North Carolina will be a Class H felony if any two of the following factors are present: Speeding in excess of 15 miles per hour over the legal speed limit. Gross impairment of…

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Distracted Driving: The New DWI?

As DWI-related deaths and accidents have declined dramatically over the past thirty years, attention has focused on other forms of bad driving: drug impaired driving, which is illegal under DWI laws, but difficult to detect in practice, and distracted driving. In 2010, North Carolina banned a form of distract driving – texting-while-driving – but, as…

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Is MoPed Licensing in the Future?

If you want to find out which way the wind is blowing in Raleigh at the General Assembly, one indicator is WRAL – at least when it comes to new criminal laws that might be in the offing. Last year, WRAL ran a series of reports – generally overblown and inaccurate – that claimed to…

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Raleigh DWI, Punishment and Accidental Injury or Death

Drunk driving accidents lead to criminal charges as well collateral consequences associated with personal injury lawsuits or wrongful death suits. These consequences can outstrip even the criminal consequences associated with a DWI-related accident. Raleigh’s extremely tough DWI laws notwithstanding, if you are the victim or the defendant in a DWI-related accidents, it’s important to hire…

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DWI Accidents and the Law in Raleigh

Not only can driving while impaired (DWI) in Raleigh result in a criminal charge, but it can result in an accident, injury, and loss of life. For a driver convicted in North Carolina of a DWI involving an injury, that person can face what lawyers refer to as a Level 2 DWI judgment, resulting in…

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Weaving alone: Can that justify a stop?

There are generally three parts to a DWI case. Broadly speaking. Why was the vehicle stopped? Why was the person arrested? How was the chemical analysis performed? While some DWI cases will deviate from this formula, most lawyers will evaluate your case along these lines because… that’s how most cops perform a DWI investigation. Even…

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Driving While Licensed Revoked: The Toilet Bowl Effect

North Carolina has a budget deficit of… billions? So why, in an age of scarce resources and limited budgets, does the State continue to insist on punishing people for Driving While License Revoked with jail time, eating up court time, imposing costs on judges, prosecutors, police, and, let’s not forget, citizens. The DWLR, one might…

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Red Light Cameras on the Chopping Block

Bill SB187 was passed by the Senate in April and now currently resides in the House. This bill would outlaw the use of red light cameras anywhere in North Carolina. Currently, there are only 20 cities or town in the State that still use them; locally that includes Cary, Knightdale and Raleigh. Offered up as…

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Run and You’re Done Law Likely To Be Passed

The N.C. General Assembly is poised to pass the “Run and Your Done” bill, which will go into effect December 1, 2011. This law would allow North Carolina to seize the vehicle of anyone convicted of felony speeding to elude. The vehicle will be auctioned off to the highest bidder, with the proceeds going to…

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