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BELOW ON THIS PAGE IS PROVIDED SOME GENERAL INFORMATION ON
* NORTH CAROLINA SAFE DRIVER INCENTIVE PLAN (INSURANCE POINTS FOR TRAFFIC VIOLATIONS)
* WHAT HAPPENS IF YOU MISS YOUR COURT DATE.
* DRIVING WHILE IMPAIRED
* OBTAINING A LIMITED DRIVING PRIVILEGE AFTER A DWI
Scroll down to look at the individual topics. CALL OUR OFFICE AT (828) 254-9505 IF YOU WOULD LIKE OUR ASSISTANCE
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WHAT HAPPENS IF YOU DO NOT PROPERLY HANDLE YOUR CHARGE:
If you live in NC
If you are charged with speeding, 15 mph over the limit or less:
you can just pay your ticket, but you will get 3 points on your license and your insurance will increase (45% for 2 insurance points, 65% for 3 insurance points, each year for three years. Call your insurance agent and ask)
If this is your second ticket over 55 mph in 12 months, DMV will suspend your license.
If you are charged with speeding 16 mph over the limit or more:
You MUST appear or have an attorney represent you. Without modification of the charge or other relief, DMV will suspend your license and your insurance will increase. (45% for 2 insurance points, 65% for 3 insurance points, each year for three years. Call your insurance agent and ask)
If you are charged with No operators license, No insurance, Driving while revoked, Driving while impaired, and many other charges,
You MUST appear or have an attorney represent you if allowed by law. Without modification of the charge or other relief, DMV will suspend your license and your insurance will increase. (Call your insurance agent and ask) In many cases, an ORDER FOR YOUR ARREST will be issued if you do not handle the case on your court date, or make appropriate arrangements.
If you live in another state:
Your states insurance and point law will apply. If you are charged with speeding 16 mph or more over the limit, or if you want to try and get the charge reduced, a court appearance is mandatory unless you have an attorney. If you ignore the ticket, NC will suspend your driving privilege. NC will report the violation to your state, and according to the National Drivers License Compact, will report any license suspension to your state. Your state will then suspend your license until the NC charge is resolved. How your ticket in NC is handled will affect your insurance and your license in your state.
IN ALL CASES:
If you do not handle your case on your court date or pay it if allowed, NC will suspend your license and report the suspension to your state.
An additional $100 late charge will be assessed by the State for not handling this charge on your court date.
Call (828) 254-9505 and we will be glad to assist you with your case.
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NORTH CAROLINA SAFE DRIVER INCENTIVE PLAN
The North Carolina Safe Driver Incentive Plan, (SDIP) was enacted by the General Assembly to reward safe drivers with the lowest possible insurance costs. Drivers who are convicted of moving traffic violations and/or cause accidents will be charged higher premiums in accordance with their driving records.
SDIP points are charged as follows for convictions and at-fault accidents occurring during the Experience Period:
12 POINTS
Manslaughter or Negligent Homicide
Prearranged Highway Racing or Lending a Car for Prearranged Highway Racing
Hit and Run, Bodily Injury or Death
Driving with a Blood-Alcohol Level of .08% or more
Driving a Commercial Vehicle with a Blood-Alcohol Level of .04% or more
Driving While Impaired
Transporting Illegal Intoxicating Liquor for Sale
10 POINTS
Highway Racing or Lending a Car for Highway Racing Violation
8 POINTS
Driving During Revocation or Suspension of License
4 POINTS
Reckless Driving
Hit-and-Run, Property Damage Only
Passing a Stopped School Bus
Speeding in Excess of 75 MPH
3 POINTS
At Fault Accident Resulting in Bodily Injury or Death; or Property Damage Only of $2000 or More
2 POINTS
Illegal Passing
Speeding in Excess of 55 mph but Less Than 75 mph
Following too closely
Driving on the Wrong Side of Road
At-Fault Accident Resulting in Property Damage in Excess of $1000, But Less Than $2000
1 POINT
All Other Moving Violations
At Fault Accident Resulting in Property Damage Only of $1000 or Less
SPECIAL EXEMPTIONS
No SDIP points will be charged for:
- An accident provided:
there is property damage only
amount of damage is $1000 or less
there is no conviction for a moving violation in connection with the accident; and
-no licensed operators in the household have convictions or at-fault accidents during the experience period.
-an insurance company may require that the insured be covered by that company for six continuous months.
- Speeding 10 mph or less over the posted speed limit, provided;
* the violation did not occur in a school zone
* there is a clean driving record for the experience period (an isolated Prayer for Judgment Continued (PJC) will not count as a prior conviction for the purpose of this exception)
- One Prayer for Judgment for each household every three years: A second PJC may cause points to be charged according to the underlying convictions.
(Experience Period: 3 years preceding the date of application or the preparation of renewal)
$$$ INSURANCE POINTS COST YOU MONEY ! $$$
The list below shows how much a $300 policy will increase based on insurance points. This will continue for 3 years
Points.....Percent Increase........New Cost on $300 policy
1................25%...........................$375
2................45%...........................$435
3................65%...........................$495
4................90%...........................$570
5................120%..........................$660
6................150%..........................$750
7................180%..........................$840
8................220%..........................$960
9................260%.........................$1080
10...............300%.........................$1200
11...............350%.........................$1350
12...............400%.........................$1500
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DRIVING WHILE IMPAIRED
The alcohol concentration restriction for driving in North Carolina is .08
In a commercial vehicle, the alcohol concentration restriction is .04
Any alcohol for a driver less than 21 years old is treated similar to DWI
THE BREATH OR BLOOD TEST
When charged with DWI, you will be asked to take a chemical test of your breath or blood. You do have the right to request a witness, contact your attorney, or have a second test administered by a qualified individual of your choosing.
REFUSAL TO TAKE THE TEST
If you willfully refuse the test, your license will be immediately revoked for 30 days, and an additional 12 months by the DMV. No limited driving privilege is available for at least 6 months. In some instances, after six months of the willful refusal revocation has elapsed, the judge may issue a limited driving privilege.
Additionally, the results of your chemical test or the fact that you refused to take the test will be admissible as evidence in court, if the test was properly administered otherwise.
PROVING THE CASE IN COURT
DWI can be proven in two ways. The state must show either that the driver's physical or mental fitness are appreciably impaired by alcohol, drugs or a combination of both; or that the driver's blood/alcohol concentration is 0.08 percent or more.
IF YOU ARE FOUND OR PLEAD GUILTY
The judge will consider a number of factors to determine a level of DWI. There are five levels, plus felony DWI. Once a level has been determined, the judge will determine the appropriate punishment. An Alcohol assessment will be ordered, and the offender will be required to comply with the recommendations of the assessment. The judge can order incarceration up to 2 years depending on the level, can order a fine up to $4000, and any combination of community service hours, short term incarceration, or no driving or driving privilege.
Level I:
If the Judge finds that there are two or more grossly aggravating factors, then a fine can be imposed up to $4000, a Jail term up to two years, an alcohol assessment and recommended treatment, and a MINIMUM 30 days in jail. NO LIMITED DRIVING PRIVILEGE IS ALLOWED
Level II:
If the Judge finds that there is one grossly aggravating factor, then a fine can be imposed up to $2000, a Jail term up to one year, an alcohol assessment and recommended treatment, and a MINIMUM 7 days in Jail. NO LIMITED DRIVING PRIVILEGE IS ALLOWED
Level III:
If the judge finds that there are no grossly aggravating factors, but that the aggravating factors outweigh the mitigating factors, then a fine can be imposed up to $1000, a jail term of up to six months, an alcohol assessment and recommended treatment, and any combination of 72 hours community service (and the $200 community service fee), or 72 hours in jail. No other options are available, and in some counties, you will be required to either do jail or community service in NC. Otherwise, you may qualify for a limited driving privilege during your period of suspension.
Level IV:
If the judge finds that there are no grossly aggravating factors, but that aggravating factors balance mitigating factors, then a fine can be imposed up to $500, a jail term of up to 120 days, an alcohol assessment and recommended treatment, and any combination of 48 hours community service (and the $200 community service fee), or 48 hours in jail. Otherwise, you may qualify for a limited driving privilege during your period of suspension.
Level V:
If the judge finds that there are no grossly aggravating factors, but that mitigating factors outweigh aggravating factors, then a fine can be imposed up to $200, a jail term of up to 60 days, an alcohol assessment and recommended treatment, and any combination of 24 hours community service (and the $200 community service fee), or 24 hours in jail. No other options are available, and in some counties, you will be required to either do jail or community service in NC. Otherwise, you may qualify for a limited driving privilege during your period of suspension.
THE ASSESSMENT
In all cases where the defendant is found or pleads guilty, the Judge must order an alcohol assessment and order compliance with the recommended treatment. Assessment providers generally charge about the same amount for the initial assessment, but vary in price for the recommended treatment.
An assessment is required in order to obtain a limited driving privilege.
REPEAT OFFENDERS
First Conviction — Mandatory revocation of your driver license for a period of one year.
Second Conviction — Mandatory driver license revocation for a period of four years if convicted within three years of first offense.
Third Conviction — Mandatory, permanent driver license revocation if at least one of the prior convictions occurred within past five years.
Fourth Conviction — Mandatory permanent driver license revocation. The fourth conviction is considered a felony if the three prior DWI convictions occurred within the past seven years.
Minimum Punishment — one year imprisonment. Maximum Punishment — three years imprisonment and a fine.
If you are convicted of DWI while your license is revoked for an earlier DWI conviction, the court may order your vehicle seized and sold.
GROSS IMPAIRMENT (Blood alcohol content of .16 or more)
A conviction of Driving While Impaired with a Blood Alcohol Concentration equal to or greater than 0.15 or another conviction within the past seven years, will require an ignition interlock device to be installed on the vehicle.
ALCOHOL CONCENTRATION RESTRICTION
Effective July 1, 2000, an alcohol concentration restriction will be required when a license is restored following a suspension for DWI or when a Limited Driving Privilege is issued following a DWI conviction.
On the first restoration, the alcohol concentration restriction will be 0.04. On a second or subsequent restoration, the alcohol concentration restriction will be 0.00. Additionally, if you are convicted of Driving While Impaired in a commercial motor vehicle, driving after consuming alcohol or drugs while under the age of 21 or felony death by vehicle the alcohol concentration restriction will be 0.00.
POSESSION OF ALCOHOL WHILE LESS THAN 21
The legal age to purchase any alcoholic beverage in North Carolina is 21. It is against the law for any person who is younger than 21 years of age to purchase or to attempt to purchase alcohol. As of December 1, 2006, consumption is also illegal- meaning as long as alcohol remains in your body, you have evidence that could convict you.
The law requires a one-year driver license revocation upon conviction for:
· any underage person who attempts to purchase or purchases an alcoholic beverage;
· any underage person who aids or abets another who attempts to purchase or purchases an alcoholic beverage;
· any underage person who obtains or attempts to obtain alcoholic beverages by using or attempting to use a fraudulent driver license or other I.D. or another person's driver license or I.D; or
· any person who permits his or her driver license or any other I.D. to be used by an underage person to purchase or attempt to purchase an alcoholic beverage.
Effective December 1, 2007, giving alcohol to a person under 21 also results in a license revocation.
If a driver who is less than 21 years old is convicted for an offense of driving with any amount of alcohol or drugs in his/her body, his/her license will be revoked for one year. Penalties vary, but are often similar to that for DWI The North Carolina General Assembly has passed SEVERAL new DWI restrictions and procedural reforms, both in 2006 and in 2007. Contact an attorney as quickly as possible if you are charged with a DWI or other alcohol offense in North Carolina.
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LIMITED DRIVING PRIVILEGE
You must keep your privilege with you at all times. You should get an official ID card from the department of Motor Vehicles as soon as you can. Driving outside the route or times on your driving privilege will be considered driving on revoked license.
There is zero tolerance for alcohol with this privilege as well. Any alcohol while driving violates your privilege. If you blew .16 or more at your arrest, you will have to keep the ignition interlock in the vehicle and follow all of the rules of the installer.
Your privilege usually allows you to drive from 6:00 am until 8:00 pm Monday through Friday for work, education, or household reasons. This means that you can go to the grocery store, pick the kids up from school, go to and from work, etc. during these hours. You may not "pleasure drive". You may be approved for additional hours of driving, but it MUST be for work or school. If you are approved for additional hours, your privilege specifies these hours and a route you must be on during these extended hours. Any driving other than for work or school during the extended hours and on the specific route as stated on the privilege is considered driving on revoked license.
You may drive to and from your assessment classes or community service assignment as the program administrator tells you to. This means that if Saturday Classes are part of your assessment recommendations, you may drive to and from class only.
IN ORDER TO GET A PRIVILEGE:
10 days after your arrest you may be entitled to a limited privilege to drive. You may be eligible for a privilege if you are convicted as well. In some circumstances, you may be able to get a privilege 6 months after a REFUSAL to submit to an alcohol test. You will have to get an alcohol assessment prior to getting a privilege and provide some other documentation. You may have to install an ignition interlock device before it will be granted. Your privilege must be very specific.
CALL MY OFFICE AT (828) 254-9505 IF YOU WOULD LIKE MY ASSISTANCE.
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