The impact of receiving a traffic ticket can have a very significant impact of your life. If you are found guilty of a traffic violation you will be responsible for paying fines and court costs. You will receive points towards your driving license and/or insurance. Your driving privilege may get suspended if you accumulate 12 or more driver license points. Furthermore, assessment of a single insurance point results in the 25% insurance rate increase and could cost you significantly more than you are already paying.
Volkov Law Firm will work to minimize the negative consequences of traffic violations. Volkov Law Firm, PLLC is offering help so you do not have to fight this alone. We can provide a free case evaluation to discuss your situation and the options available to you. We will appear in court on your behalf so that you can avoid the long lines and drawn out process of a traffic court. We will work with prosecutors to get your traffic matter dismissed or plead down to a lesser offense to reduce its impact on your driving record and insurance.
DMV Point System
- Suspension – Manslaughter or Negligent Homicide; Pre-arranged Highway Racing; Hit and Run (injury/death); DWI (.08 BAC or more); Highway Racing; Speeding to Elude Arrest; Driving While Revoked or Suspended; Speeding (75 mph or greater when limit < 70);Driver Under 21 Driving after Consuming Alcohol/Drugs.
- 5 Points – Passing a stopped school bus; Aggressive driving.
- 4 Points – Reckless driving (Misdemeanor); Hit and run, property damage only (Misdemeanor) (If personal injury = Felony); Following too closely; Driving on wrong side of 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 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 report is required; Speeding in a school zone in excess of the posted school zone speed limit.
- 2 Points – All other moving violations; Failure to properly restrain a child in a restraint or seat belt.
- 1 Point – Littering (G.S. 414-399) involving use of motor vehicle
- 0 Points – Seat Beat Violation; Improper Equipment/plates/registration/muffler/inspection sticker display.
Insurance Point System
Insurance companies use a point system that is different from the DMV point system. North Carolina drivers will be assessed insurance points if convicted of a moving violation or if they have an at fault accident during a three year experience period. This three-year period is determined to be the three-year period immediately preceding the date of application, or the date of preparation of renewal of your insurance policy. A conviction includes pleas of guilty, no contest, suspended sentences, forfeiture of bail and the payment of court costs and a fine. Each household may receive one Prayer for Judgment Continued (PJC) every three years without it counting as a conviction. The number of insurance points a driver receives will determine the surcharge which will be added to their insurance costs:
- 12 Points (400% insurance surcharge) – Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle; Prearranged highway racing or knowingly lending a motor vehicle to be used in a prearranged race; Failure to stop and render aid when involved in an accident resulting in bodily injury or death (hit-and-run driving); Impaired driving, including driving a vehicle while under the influence of an impairing substance; driving a vehicle with an alcohol concentration of 0.08% or more; and Driving a commercial vehicle with an alcohol concentration of 0.04% or more (a revocation pursuant to G.S. 20-16.5 is not a conviction).
- 10 Points (300% insurance surcharge) – Highway racing (not prearranged) or knowingly lending a motor vehicle to be used in the race; Speeding to Elude.
- 8 Points (220% insurance surcharge) – Operating a motor vehicle during a period of revocation or suspension of either the driver’s license or vehicle registration.
- 4 Points (90% insurance surcharge) – Failure to stop and report when involved in a motor vehicle accident resulting in property damage only (hit-and-run); Reckless driving; Passing a stopped school bus; Speeding in excess of 75 miles per hour (mph) when posted limit is less that 70 mph; Speeding in excess of 80 mph when limit is 70 mph or greater; Driving by a person under 21 after consuming alcohol or drugs.
- 3 Points (65% insurance surcharge) – Each at-fault accident that results in bodily injury (in excess of $ 1800.00) or death or total property damage (including the insured’s property) of $ 3000.00 or more
- 2 Points (45% insurance surcharge) – Illegal passing; Speeding more than 10 mph over the limit, if total speed was in excess of 55 mph but less than 76 mph; Speeding 10 miles or less in excess of limit in speed zone of 55 or greater*; Following too closely; Driving on the wrong side of the road; Each at-fault accident that results in total damage to all property which is in excess of $1 ,800.00 but less than $ 3000.00
- 1 Point (25% insurance surcharge) – Speeding 10 mph or less in excess of a speed limit of less than 55 mph*; Any other moving violation; Each at-fault accident that results in total damage of $ 1,800.00 or less*.
*Points are not assigned for these violations unless the same driver has been convicted of at least one other moving violation during the experience period (the last three years).
Having legal representation is important to avoid negative consequences. If you have questions, please call our office for a consultation.