Wake County Moving Violation Attorney
33 Years of Experience Advocating for Drivers in North Carolina
Moving violations could result in a traffic ticket with a range of consequences like fines, insurance points, and driver’s license points. If you have been issued a ticket for a moving violation, consult an experienced attorney before pleading guilty and paying your fine. You may very well have a strong case for a charge reduction or even a complete dismissal of your case.
Attorney Lawrence J. Kissling III has been practicing law for 33 years, and he helps thousands of clients a year handle their driving disputes in Wake County. Attorney Kissling exclusively handles traffic-related offenses, so he knows the ins and outs of North Carolina’s traffic court system and can provide knowledgeable guidance on your legal options for getting your ticket resolved.
Schedule a free initial consultation today with Lawrence J. Kissling III, PLLC to get started. Representing drivers in Raleigh, Cary, Apex, Wake Forest, Holly Springs, and Fuquay-Varina.
Common Types of Moving Violations
A moving violation is any unlawful conduct committed by a driver while the vehicle is in motion. Note that this is distinct from a non-moving violation, which are violations involving a stationary vehicle (e.g., improper equipment). Moving violations typically result in more serious penalties, including insurance points and driver’s license points (below).
Some examples of moving violations that could result in a traffic ticket include:
- Reckless driving – driving at a speed that could endanger others or otherwise driving in a careless matter with a “willful or wanton disregard” for the safety of others
- Speeding – driving beyond a reasonable speed given the current circumstances that threatens the safety of others or driving faster than a posted speed limit (speeding in a school or construction zone will lead to enhanced penalties)
- Driving on a suspended license – driving while your license has been suspended or revoked until a specified date
- Failing to stop at the scene of an accident – this includes several offenses like hit and runs, failing to contact law enforcement or emergency services, failing to provide your information, etc.
- Following too closely – following too closely to the car in front of you
- Violating child restraint or seat belt laws – North Carolina requires that all drivers and passengers 16 years or older must wear their seat belts in a moving vehicle; children younger than 16 years old must be properly restrained based on their age and weight (e.g., in a car seat)
There are numerous other basic driving offenses that could result in a ticket, such as failing to stop at a red light or making an illegal U-turn. However, the penalties are based on the circumstances and severity of each offense.
Each moving violation carries with it specific penalties. Reckless driving, for instance, is a Class 2 misdemeanor punishable by up to 60 days in jail and $1,000 in fines. Speeding, on the other hand, is punishable by a fine of $10-$50, depending on how much faster you were speeding. The fine could go up to $250 for speeding in a school or construction zone.
All moving violations, however, will result in some points on your driver’s license and insurance. Some examples of the associated point values for moving violations include:
- Reckless driving – 4 points, 4 insurance points
- Speeding – 2-3 license points, 0 – 4 insurance points
- Failing to report an accident – 3 points
- Hit and run – 4 license points, 4 insurance points
- Following too closely – 2 license points, 1 insurance point
- Running a red light or stop sign – 3 license points, 1 insurance point
- Passing a stopped school bus – 5 license points, 4 insurance points
Accumulating a certain amount of points within a period of time will result in a suspension of your license:
- 12 points or more within 3 years; or
- 8 points or more in 3 years following a previous license suspension;
- 6 points in 3 years;
- Speeding over 55 mph and reckless driving within 12 months;
- Speeding more than 80 mph; and
- 2 speeding tickets over 55 mph within 12 months
For a first offense, your license suspension will last for 60 days. A second suspension will last for up to 6 months, and subsequent suspensions will be 1 year long.
If you have been arrested or ticketed for a moving violation, reach out to Lawrence J. Kissling III, PLLC for legal support. While you may be tempted to simply pay the ticket to get rid of it, doing so will mean pleading guilty to the offense and incurring all the penalties listed without having a chance to ask for a reduction. Attorney Kissling can assess the circumstances of your moving violation ticket and explain your legal options. Don’t risk your driving privileges without first exploring your options for legal recourse.
Schedule a free consultation with Lawrence J. Kissling III, PLLC online to learn more.