Traffic offenses are not as clear-cut as being pulled over, pleading guilty, and paying the fine. Not all traffic offenses are considered equal. There are times when it may even make sense to challenge what you may think is a routine traffic charge.
When you have been pulled over for a traffic offense, you should never make any assumptions without knowing your options and the impacts that a conviction may have on you. Before you mail a check or make any decisions, you should consult with an experienced Winston-Salem traffic lawyer. What you may think is something routine could cost your license in the long run. You may even end up in jail because of a traffic charge.
The first question that someone always asks is whether it is worth it to fight a traffic ticket or pay it off. Even paying off a traffic ticket can have collateral consequences for you. If you are convicted of a traffic violation, it will remain with you on your driving record for three years. The effects can build up the more times you are convicted of traffic violations. Call our seasoned criminal defense lawyers to learn more.
Why You Need a Traffic Law Attorney
There is no question that you need an attorney when you are facing misdemeanor and felony charges. You should strongly consider hiring a traffic lawyer in Winston-Salem even when you have been cited for an infraction.
Many moving violations will be assigned points when you are convicted of them. In North Carolina, you will lose your driver’s license if you accumulate 12 points on your license over a three-year span.
For any traffic offense, law enforcement must still try to convict you of the offense. Although most traffic offenses will be tried in traffic court directly, you can still come with a lawyer and have your side of the story heard. The officer needs to show up to testify.
In traffic court, the officer will give their version of what they saw. Remember that the officer has their one day in traffic court, and they may be testifying about dozens of different traffic cases in short order. You may have an opening to challenge the charge. However, you cannot just give a blanket statement that you did not do it or that the officer was wrong. Doing so will not work. Instead, you must have something to back up your own claim of innocence.
Defenses to a Traffic Law Violation
Here are some ways our Winston-Salem lawyers could defend against your traffic ticket:
- The officer could not have seen what happened based on the position of your car and the officer’s location (you should come with diagrams and photographs that can back up your contention).
- You made an honest and reasonable mistake (for example, you could not clearly see a traffic sign because of branches or weather conditions).
- You have witnesses that can back up your side of the story and challenge the officer’s observations.
- It was necessary to do what you did to avoid greater harm.
- The road signage in the area was inadequate to alert you.
- You were not traveling as fast as the officer said you were.
One defense that will not work in traffic court is that you did not know the law. All drivers are expected to know traffic rules, and they will be punished if they make a mistake of law.
If you can successfully defend against your traffic ticket, you will not face any penalties. It would be as if the citation never happened. Still, you should check your driving record to make sure that the stop does not appear.
Consequences of a Traffic Law Conviction
Even if you are convicted of an offense, it does not always mean that you will get points. Some traffic court judges will still make you pay the associated penalty, but they may not give you points. For that reason alone, it is worth it to show up to fight your ticket. Points can mean thousands of dollars of extra auto insurance premiums over the three-year span.
At a certain point, the accumulation of points will cost you driving privileges. Some traffic offenses can mean that you receive five points. For example, passing a stopped school bus is a five-point offense. Reckless driving will mean that you get four points on your license. Most moving violations would result in at least three points on your license.
If your license is suspended under the points system, you can lose your license for:
- 60 days for the first suspension
- 6 months for the second suspension
- 12 months for the third suspension
Before you can get your license back, you must pay a fee. When you accumulate seven points on your license, you could be required to take a driving course, and completing that course would remove three points from your license.
You should at least have a conversation with a Winston-Salem traffic attorney before you make any decisions. You may have more legal options than you previously thought.
I Haven’t Had a Speeding Ticket in Years. Do I need to Hire a Speeding Ticket Lawyer?
If you have received a speeding ticket in Winston-Salem, or the surrounding counties, you may be wondering if you should hire a traffic attorney or pay it off and move on with your everyday life. Deciding whether to pay it off or contest it in court depends on several factors. Here are some things to keep in mind:
- Points on your Driving Record: Accumulating too many points can lead to, in some cases, license suspension.
- Higher Insurance Rates: Points on your driving record can lead to higher premiums.
- Long-Term Impact: Points can stay on your driving record for years.
- Legal Defenses: Contesting a speeding ticket gives you the opportunity to present your case in court. Depending on the circumstances, you may have a valid defense that could result in dismissed or reduced charges.
- Traffic School: In some cases, attending Traffic School can be an option to mitigate the impact of a speeding ticket.
Keep in mind that every situation is unique, and what works best for one person may not be the best option for another. If you are uncertain, seeking legal advice can help you make the best-informed decision.
McMinn, Fradin, Gray & Logan has more than 30 years of experience in Traffic Law. We can help!
Contact us to speak with a Winston-Salem traffic attorney about your speeding ticket, moving violation, or other infraction today!
For a free legal consultation with a traffic offense lawyer serving Winston-Salem, call (336) 485-4907 today
Hire A Traffic Ticket Lawyer in Winston-Salem Today
Several factors can affect the outcome of your case, such as your speed, the county you are charged in, how you were driving, and your previous driving record. Hiring a Winston-Salem traffic lawyer can offer several advantages, including:
- Legal Expertise – They will be familiar with the people and procedures of the Traffic Court in their county.
- Reduced Penalties – They will be familiar with what agreements and pleas they can make on your behalf in that specific county
- Protecting your Driving Record – While this is true for any Traffic Ticket Attorney, the best protection comes from the attorney who makes the best plea arrangement, and that is generally someone familiar with the people and procedures of their specific county court
- Protecting your Insurance Premiums – This is also true for any Traffic Lawyer, but again, you will be best served by the attorney who can reduce the speeding ticket charge so the lowest number of points go against your insurance
- Saving Time and Hassle – A local Speeding Ticket Lawyer can often appear for you, saving you the time and hassle of taking off work and losing pay to appear only to deal with a simple speeding ticket.
In most court settings, lengthy lines and significant confusion are common occurrences. Having the services of a seasoned speeding ticket attorney can provide you with a clearer understanding of your rights and available choices. Your lawyer will also be able to examine a copy of your North Carolina driving record. Many individuals are unaware that these records can influence their court cases and impact insurance rates. With our extensive track record of managing thousands of cases and a legacy of more than three decades in the field, we are ready to represent you.
Contact our team at McMinn, Fradin, Gray & Logan today to schedule your initial consultation.
Call or text (336) 485-4907 or fill out our Free Case Evaluation Form to get started
