Contact Lawyers Who Care: 828-246-9360
 

Traffic Infractions

Traffic Infractions Attorney Serving Waynesville, Asheville And Sylva

It’s just a citation. Shouldn’t I just pay it and be done with it?” — NO! Don’t do it!

PAYING A CITATION OR INFRACTION CAN HAVE SERIOUS EFFECTS ON YOUR INSURANCE

It’s not just a speeding ticket. It can follow you on your insurance and you can wind up paying hundreds more for years if you do not have an experienced attorney to protect you and look out for your best interests.

There are two point systems in North Carolina: one maintained by the North Carolina Division of Motor Vehicles (DMV) and one for insurance. If you receive 12 points, you can lose your license and certain convictions or please of responsible can result in increases to your insurance. Please see our charts below.

Insurance Points Percent Increase (Up To) Average Increase (Up To)
1 30% $390
2 45% $435
3 60% $480
4 80% $540
5 110% $630
6 135% $705
7 165% $795
8 195% $885
9 225% $975
10 260% $1,080

*INFORMATION OBTAINED FROM NORTH CAROLINA DEPARTMENT OF INSURANCE

It is easy to see that even just one point on your insurance can prove costly and those points (depending on your insurance provider) typically stay on your policy for THREE YEARS or more.

Convictions That Can Result In Increased Insurance Rates

Insurance Points Charge Or Conviction
12 Manslaughter or negligent homicide; highway racing; hit-and-run resulting in death or injury; DWI with BAC of .08 or more; DWI; DWI of commercial vehicle
10 Speeding to elude arrest
8 Driving while license revoked or suspended
4 Reckless driving; hit-and-run with only property damage; passing a stopped school bus; speeding in excess of 75 mph in a 70 mph zone; Driving after consuming under the age of 21
3 At-fault accident resulting in property damage of $3,000 or more
2 Illegal passing; following too closely; driving on wrong side of road; speeding more than 10 mph over the speed limit when less than 76 mph
1 All other moving violations

North Carolina Driver’s License Point System

Insurance Points Charge Or Conviction
0 Improper equipment; seat belt violation; registration inspection
1 Littering
2 Failure to restrain child in seat belt or device; all other moving violations not covered below
3 Speed in excess of 55 mph; failure to yield to emergency vehicle; no liability insurance; speeding in school zone; running a stop sign or red light; no operator’s license or expired more than one year; failure to report accident when report required
4 Following too closely; hit and run (property damage)
5 Passing a stopped school bus

 

Experienced And Proven Asheville Speeding Ticket Lawyer

Attorney Joshua D. Nielsen has handled thousands of traffic tickets and is proud to serve clients in Buncombe, Haywood, Jackson, Swain and Macon counties for the following offenses:

  • Speeding tickets
  • Reckless driving and reckless endangerment
  • Hit-and-run violations
  • Commercial driver’s license (CDL) — lane violations
  • Seat belt violations
  • Racing violations
  • Driver’s license violations
  • Stop sign and stop light violations
  • School bus violations
  • Driving with a revoked or suspended license (DWLR)
  • Registration, inspection and insurance violations
  • No operator’s license
  • School zone violations
  • Failure to move over for an emergency vehicle
  • Work zone violations
  • Any other traffic or any other related moving violation

What Is A PJC?

A prayer for judgment continued, or PJC as it is known in North Carolina, is a valuable tool for an experienced attorney. While most commonly used in traffic cases, this procedural sentencing request will effectively allow someone to plead responsible, but have the judgment continued. Thus, since no judgment is ever entered, there is no actual conviction.

However, there are certain things that you cannot receive a PJC for in North Carolina:

  • DWI
  • Speeding in excess of 25 mph or over
  • School bus and school zone violations
  • Certain CDL violations

Furthermore, a PJC may not be the best for your case. Each client is different and has a different driving record and family situation. Before using a PJC, contact an experienced criminal defense attorney to determine if it’s the right fit for you.

Call us at 828-564-1321 or fill out a specific information inquiry form here and we will gladly fully explain how we can help protect your license and insurance.

YOUR LICENSE IS IMPORTANT. DON’T RISK IT BECAUSE YOU JUST PAID THE FINE.

Handling Assault And Battery Defense For Waynesville And Surrounding Areas

Assault in North Carolina is typically classified as an imminent threat of harm or contact to another person. Physical touching is not required.

An individual could face simple assault, which involves simple threats, or felony assault, which typically involves a deadly weapon.

Depending on the situation, probation or jail time is possible depending on the offense. Often, we see alleged victims falsify charges against you because they want something or to take vengeance because they feel wronged. Let us take your case to trial if needed, do not settle and plead guilty.

Understanding Battery In North Carolina

Unlike assault, a battery charge typically involves physical contact. It is the “unlawful act of physically harming or offensively touching a person.”

For battery, jail time is likely and like assault the length will depend on the offense.

Defense Against Domestic Violence Offenses

In certain instances, assault and battery offenses could be classified as domestic violence if the incident involved individuals with a “personal relationship,” such as spouses, partners, parents and children or individuals who reside together under the same household.

Domestic violence cases often have 48 hour holds – this means that you will not be released with a written promise to appear in court until after 48 hours has elapsed. If you have been charged with Domestic Violence you need a skilled trial attorney to help you. Often we see domestic violence cases overlap with Domestic Violence Protective Orders (DVPO) which is a civil restraining order based on North Carolina General Statute Chapter 50B. This means that if you have both a domestic violence criminal charge and a DVPO you may have two different cases at once. We can help and have seen it all. Don’t settle and don’t plead guilty until you’ve had a free consultation with us.

Attorneys To Defend Against Your Assault And Battery Charges

At Nielsen Legal, our lawyers have extensive experience handling a wide variety of criminal charges for Waynesville, Asheville, Sylva and surrounding communities, including those involving both misdemeanor and felony assault and battery offenses and domestic violence charges.

Call 828-246-9360 if you are seeking an experienced attorney who will rigorously defend against your charges and mitigate the consequences you could face. You may also contact us online.

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