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DMV Points and License Suspensions
Most
traffic tickets are "moving violations," meaning they carry
"points" on your driving record. However, there are also
"non-moving violations," which do not put points on your driving
record. The accumulation of a certain number of points can cause
a suspension of your driving privileges. Periods of suspension
range from thirty days to permanent, depending on the violation
and your driving history. Therefore, it is important to try to
avoid a conviction for an offense that carries points.
Generally, your license will not be suspended for points until
you accumulate 12 drivers’ license points within a three year
period. The DMV may also suspend your license if you are
convicted of reckless driving; 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; and two speeding convictions
over 55 mph within a one year period. If you are convicted of
any of the above offenses when you are driving out of state, it
still may have implications for your North Carolina driving
privilege. It is always a good idea to consult with an attorney
in the state where you received your citation in order to avoid
any suspensions of your North Carolina drivers’ license.
A lawyer
can negotiate a plea to a non-moving violation or a lesser
charge offered by the District Attorney. (Although in
Mecklenburg County, the District Attorney generally does not
reduce a speeding ticket to a non-moving violation as does
frequently happen in other counties.) A lawyer can request that
the judge grant a Prayer for Judgment Continued (PJC), which is
a guilty plea but does not result in a criminal conviction. You
have two PJCs available to you to use in a five year period for
DMV purposes. This may help you keep your driving privileges,
but using more than one PJC in a three year period will have
insurance implications that need to be considered.
The following
chart lists the Schedule of DMV Point Values for operating a
non-commercial vehicle:
|
Act |
License Points |
|
Driving While Impaired |
Revocation |
|
Passing stopped school bus |
5 |
|
Reckless driving |
4 |
|
Hit
and run, property damage only |
4 |
|
Following too close |
4 |
|
Driving on wrong side of road |
4 |
|
Illegal passing |
4 |
|
Running through stop sign |
3 |
|
Speeding in excess of 55 mph |
3 |
|
Failing to yield right-of-way |
3 |
|
Running through red light |
3 |
|
No
driver’s license or license expired more than one year |
3 |
|
Failure to stop for siren |
3 |
|
Driving through safety zone |
3 |
|
No
liability insurance |
3 |
|
Failure to report accident where such report is required |
3 |
|
Speeding in a school zone in excess of posted school
zone speed limit |
3 |
|
All
other moving violations |
2 |
|
Littering when the littering involves the use of a motor
vehicle |
1 |
In almost
every situation, the worst thing you can do is just pay off a
traffic ticket. In most situations, paying off a ticket will
result in an accumulation of unnecessary insurance points. All
moving violations and some at-fault accidents carry insurance
points. This point system is administered by the North Carolina
Department of Insurance and is different from DMV points.
Accumulating points results in an increase in insurance
premiums. Points remain in effect for three policy years.
Serious offenses generally carry the most points.
Accidents
can increase insurance costs in two ways. First, you may be
charged with a moving violation such as failure to stop at a
stop sign or failure to reduce speed to avoid an accident.
Second, even if you are not charged, insurers may assess points
if they determine you are at fault in the accident.
One Prayer
for Judgment Continued (PJC) per household per three-year
experience period will act as a waiver for insurance purposes so
long as there are no other moving violations. The “experience
period” is the three years preceding your insurance application
or renewal.
The
following is a partial list of insurance points and
corresponding three year rate increase:
|
Act |
Insurance Points |
3
Year Rate Increase |
|
Driving While Impaired; Hit and Run, bodily injury |
12 |
400% |
|
Operating A Motor Vehicle During A Period Of Revocation |
8 |
220% |
|
Hit
and run, property damage only |
4 |
90% |
|
Reckless Driving |
4 |
90% |
|
Passing a Stopped School Bus |
4 |
90% |
|
Speeding in excess of 75 mph when speed limit is less
than 70 mph |
4 |
90% |
|
Speeding in excess of 80 mph when speed limit 70 mph or
greater |
4 |
90% |
|
Driving by person under age 21 after consuming alcohol
or drugs |
4 |
90% |
|
A
major at-fault accident (death or bodily injury more
than $1800; or property damage of $3000 or more) |
3 |
65% |
|
An
intermediate at-fault accident (property damage more
than $1800 but less than $3000) |
2 |
45% |
|
Illegal Passing |
2 |
45% |
|
Speeding more than 10 mph over the limit when speed was
in excess of 55 mph but less than 76 mph |
2 |
45% |
|
Speeding 10 mph or less in speed zone of 55 mph or
greater* |
2 |
45% |
|
Following too closely |
2 |
45% |
|
Driving on wrong side of road |
2 |
45% |
|
A
minor at-fault accident (bodily injury or property
damage $1800 or less)** |
1 |
25% |
|
Speeding 10 mph or less in speed zone of less than 55
mph* |
1 |
25% |
|
Any
other moving violation |
1 |
25% |
|
Equipment Violations (except brakes); failure to display
current registration, inspection, or license (as long as
a valid one exists); seatbelt violation |
0 |
0 |
*Points are not assigned for
these violations unless the same driver has been convicted of at
least one other moving violation within the three year
experience period.
**Points are not assigned if
no bodily injury and no other moving violations within the past
three years
Quick Tips for Insurance Points
You are
allowed one PJC and either one of the following 1) ticket
reduction to 10 miles over or 2) at-fault accident of $1800 or
less in damage per insurance policy every three years without
experiencing a rate increase.
Caution:
If you use two PJCs within the three year experience period, the
insurance waiver no longer applies and you will be assessed
points for both violations. That is why it is important to know
when to ask for a PJC and when to ask for a reduction.
Caution:
If you are at-fault in causing
an accident, you will need to use a PJC for any moving violation
for the three years following your accident regardless of the
amount of damage the accident caused.
Example:
You receive a ticket for 80/65. If you pay off the ticket, your
insurance rates will increase by 90% for the next three years.
If you get a reduction to 70/65, your insurance rates will not
increase if it is your first moving violation in three years.
If you had a previous moving violation and did not use your PJC,
using a PJC for this ticket would save you from an insurance
increase.
Example:
You receive a ticket for 54/45, but you were at fault in an
accident in the past three years. Normally, paying off the
ticket would be the right thing to do because it would not
result in any insurance points. However, since you had a
previous accident, you will need a PJC to keep your insurance
rates from rising.
Insurance Points are added
together at the beginning of the policy renewal period. Tickets
and PJCs drop off the policy three years after the conviction
date. Accidents drop off three years after the accident date.
The following is a list of insurance point surcharges:
|
Points |
Rate Increase |
|
One |
25% |
|
Two |
45% |
|
Three |
65% |
|
Four |
90% |
|
Five |
120% |
|
Six |
150% |
|
Seven |
180% |
|
Eight |
220% |
|
Nine |
260% |
|
Ten |
300% |
|
Eleven |
350% |
|
Twelve |
400% |
Driving School
Most
counties will allow first offenders to attend a 4 to 8 hour
driving school. Some counties will dismiss the ticket if you
attend driving school. However, some counties, including
Mecklenburg, do not just dismiss the ticket. Instead, the court
gives you a PJC in return for attending driving school. The
cost of driving school ranges from $50-$85. This is in addition
to the $120.00 court cost imposed by the court for the PJC.
When you are stopped by an officer, the officer may tell you
that you can just go to driving school instead of paying the
ticket. Be aware that in Mecklenburg County, driving school
means PJC. Your ticket is not dismissed. A PJC may not be
the best option for you if you are charged with a speeding
ticket. I have seen too many unrepresented people opt for
driving school when a reduction would be the best option for
them. Generally, it is better to “save” PJCs for moving
violations that do not involve speeding.
It is
advantageous to have an experienced lawyer represent you in
traffic court. In many cases, you will not have to appear in
court, saving you time out of work. In addition, the District
Attorney may be more willing to negotiate with an attorney than
with an unrepresented person. Most importantly, an attorney
will be able to advise you on the best way to handle your
situation in order to avoid unnecessary DMV and insurance
points.
Call
704-342-2243 or click here to
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