Wilmington Traffic Violation Attorneys

Reckless Driving

In certain circumstances, a speeding violation or other traffic offense can lead to a reckless driving charge. In North Carolina, reckless driving refers to driving on a public roadway in such a way that is:

• careless and heedless with willful or wanton disregard for the safety of others; or
• without appropriate caution and at a speed or in a way that endangers or is likely to endanger any person or property.

To determine whether a person's driving qualifies as "reckless" under this statute, a judge might look to factors like the road and weather conditions at the time of the offense, the presence of traffic, whether the driver was paying attention to the road, and their driving speed. As a result, reckless driving charges will depend on each individual case, as the circumstances for a charge may vary.

Convictions for reckless driving are Class 2 misdemeanors punishable by up to $1,000 in fines and up to 30 days in jail for a first offense (up to 60 days for subsequent offenses). In certain situations, a conviction could also lead to license suspension if the person:

• was driving more than 15 mph over the speed limit and over 55 mph;
• was driving more than 80 mph; or
• has a prior conviction from within the past 12 months.

Additionally, all reckless driving convictions will add 4 demerit points to a motorist's driving record and likely increase the insurance premium.

License Revocation and Limited Driving Privileges

Be aware that driver’s licenses will be revoked as a consequence for most traffic offenses, not only for reckless driving. For instance, a license can be revoked for: 

• driving while impaired and excessive speeding;
• refusing to take a breath or blood test when arrested for DWI;
• accumulating too many driver’s license points for traffic offenses; and
• failing to appear for or failing to pay a traffic ticket.

In some situations, it is possible for a driver to request limited driving privileges from a judge that may allow the person to drive for certain limited purposes, such as to and from work, school, or emergency medical care. Violating the terms of your restricted license could result in further charges for driving while license revoked. 

Understanding Your Rights After a Traffic Violation in NC

Receiving a traffic violation can be a stressful experience, but understanding your rights is crucial in navigating the legal process. At Whitley Coleman, we believe that knowledge is power. Our experienced legal team is here to guide you through every step, ensuring you are well-informed and prepared to make the best decisions for your situation.

Here are some key rights you should be aware of:

• The Right to Remain Silent: You are not obligated to answer questions without legal representation present.
• The Right to Contest the Violation: You have the option to challenge the ticket in court, and our attorneys can help you build a strong defense.
• The Right to Legal Representation: You have the right to hire an attorney who specializes in traffic law to advocate on your behalf.
• The Right to Appeal: If you are unhappy with the outcome of your case, you may have the right to appeal the decision.

Our team at Whitley Coleman is dedicated to protecting your rights and ensuring you receive fair treatment throughout the legal process. 

The Importance of Legal Representation After a Traffic Violation in Wilmington

When facing legal challenges related to driving offenses, having a knowledgeable attorney by your side can make all the difference. At Whitley Coleman, we believe that understanding your rights is crucial to navigating the complexities of the legal system. Our experienced team is dedicated to ensuring that you are fully informed about your options and the potential consequences of your case.

Here are some key reasons why legal representation is essential:

• Experienced Guidance: Our attorneys possess extensive knowledge of local laws and regulations, allowing us to provide you with tailored advice and strategies specific to your situation.
• Negotiation Skills: We are skilled negotiators who can advocate on your behalf, potentially reducing penalties or securing a favorable outcome without the need for a court appearance.
• Peace of Mind: Facing legal issues can be overwhelming. Having a dedicated legal team allows you to focus on your life while we handle the complexities of your case.
• Comprehensive Case Evaluation: We will thoroughly assess your case, identifying any potential defenses or mitigating factors that could benefit your situation.
• Support Throughout the Process: From initial consultations to court appearances, we provide continuous support and communication, ensuring you are never left in the dark.

Don’t navigate the legal system alone. Let the Wilmington traffic violation attorneys at Whitley Coleman protect your rights and help securing your future.

Will a Traffic Violation Affect My Insurance Rates?

A traffic violation can have a significant impact on your insurance rates. Insurance companies view traffic tickets as indicators of risky driving behavior. As a result, even a minor infraction, such as speeding or running a stop sign, could cause your premiums to rise. The more serious the violation, the greater the likelihood of an increase in insurance costs.

For more severe violations, such as reckless driving or a DUI, the financial impact could be substantial. In some cases, insurance companies may even consider canceling coverage or refusing to renew your policy. Additionally, accumulating multiple traffic violations over a short period could lead to your classification as a high-risk driver, which typically results in much higher premiums.

In Brunswick County, points added to your driving record from traffic violations can further compound this issue. North Carolina’s points system is designed to penalize repeat offenders, and accumulating points can lead to license suspension, which will also raise your insurance rates.

To minimize the impact of a traffic violation on your insurance, it is advisable to consult with an experienced traffic violation attorney who can help contest the ticket or negotiate a reduction in penalties.