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Car accident ticket in NC

10/7/2019

59 Comments

 
Updated 3/18/2023
Car accident ticket in NC
​A car accident in North Carolina often results in one or both drivers receiving a ticket for a moving violation. This can occur even though the officer did not witness to the wreck. A police report is generally not even admissible in court without the officer being present in court due to the hearsay rule. It is important to realize that pleading guilty to an accident ticket in NC is akin to admitting fault for the accident. With North Carolina being a contributory negligence state that mistake can preclude any opportunity to sue for your own damages even if the other driver was at fault.  
After any accident it is important to immediately notify your insurance company to make sure you comply with any contractual duty or else you may provide your insurance company an opportunity to deny coverage. Most DA’s are willing to dismiss the ticket after your insurance company provides a letter accepting liability and paying for any damages incurred by the other driver.

Can you get a ticket after a car wreck in NC?

At fault drivers often receive a traffic citation for an accident adding insult to injury. Some of the following are the most common tickets issued as a result of an accident:
  • Failure to reduce speed
  • Failure to yield
  • Driving left of center
  • Unsafe movement
  • Red light violation
  • Exceeding safe speed
  • Reckless driving
  • Failure to report accident
  • Hit and Run

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59 Comments

Under 21 DWI in NC

9/8/2019

8 Comments

 
Updated 3/14/2021
Under 21 DWI in NC
The Blood Alcohol Concentration or “BAC” limit for drivers under 21 in North Carolina is 0.00. This “zero tolerance” for underage drinking and driving is deterrence to the extreme. To further this end, a conviction of “driving after consuming” under NCGS 138.3 will result in a one year license revocation just like a DWI. This means a 20 year old who only had 1 sip of beer and blew a 0.01 can lose his or her license for a year. If the underage driver is suspected of being impaired they will also be charged with DWI as well.

DWI vs Driving after Consuming in NC

The "Driving after Consuming" charge only applies to those under age 21, and does not require any actual impairment due to alcohol. In fact any BAC of 0.01 or above can result in the charge. Someone under age 21 can be charged with both DWI and driving after consuming if they were in fact impaired. A DWI charge is basically automatic for a BAC of 0.08 or above. Each charge for first time offenders is a misdemeanor with similar consequences despite DWI having its own special sentencing guidelines.

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8 Comments

Is Marijuana legal in NC?

5/1/2019

19 Comments

 
Updated 12/27/2020
Is Marijuana legal in NC
Marijuana or “weed” is not currently legal to grow or possess in North Carolina. Many people seem to be confused about this with CBD oil signs and Hemp stores seeming to proliferate much like video gambling arcades. There are currently 10 states that have decriminalized possession of marijuana in some form (medicinal and/or recreational) in addition to Washington, DC with that number seeming to rise every year and likely to continue to do so going forward.
​Although currently illegal, North Carolina seems to propose legislation to make weed legal on an annual basis. The latest attempt is NC Senate Bill 58 that would decriminalize possession of up to 3 ounces of marijuana for personal use. Those convicted in the past would even be eligible to go back and have their record expunged. WSOC TV 9 in Charlotte recently did an interview with NC House Bill 766 legislature sponsors who spoke of the need to unclog the jails with people charged with possession of small amounts of marijuana.

Is Marijuana legal under federal law?

Even though several states including Washington. DC have decriminalized marijuana in some capacity it is still technically illegal under federal law. At the moment the federal government appears to see the writing on the wall and is simply choosing to not interfere with states that have chosen to decriminalize personal use. Because of long standing federal law that could be enforced at any moment many banks refuse to work with pot dispensaries and hence most operate as a cash only business. In fact there is actually bipartisan support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act which would essentially allow states to decide the fact of marijuana within their borders. Both President Trump and Attorney General William Barr have signaled support for the legislation. Passage of this may embolden many states to act that were hesitant to openly defy federal law.

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19 Comments

NC Raise the Age Law

1/3/2019

6 Comments

 
NC Raise the Age
​Effective December 1, 2019 the legal age to be charged as an adult for many crimes will be raised to age 18 years of age in North Carolina. The Juvenile Justice Reinvestment Act essentially brings NC in line with the rest of the country as treating most 16 and 17 year olds as juveniles for criminal prosecution purposes. There are of course some major exceptions such as for traffic violations and serious felonies. Although the law still needs to be amended to fix some potential pitfalls this is a major victory for equal justice as NC was essentially putting its own juveniles at a competitive disadvantage by exposing them to adult criminal records for minor offenses such as larceny, trespassing, alcohol offenses, and simple possession of drugs. 

What are the expected benefits of the raise the age law?

  • ​Cost savings
  • Reduce recidivism
  • Encourage juvenile employment
  • Involve parents in the process
  • Consistency with laws across the country
  • Provide delinquent juveniles with treatment
  • Treat kids differently than adults

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6 Comments

Can a child choose which parent to live with in NC?

7/23/2018

75 Comments

 
Updated 2/11/2022
Can a child choose which parent to live with in NC?
​Children are not able to simply choose which parent they want to live with under North Carolina law. That being said, a child’s wishes can be taken into consideration by a judge during a custody trial. How much weight their preference is given by the judge is totally up to the judge. Factors considered by a judge in evaluating the wishes of a child are the age and maturity of the child along with the rationale for their opinion.

Why can’t children decide where they want to live?

​Imagine a child who wants to live with mom or dad because that parent lets them do whatever they want such as play video-games all day or stay out with friends all night. Children often make bad decisions that are not in their best interest. North Carolina law directs our judges to award custody based on the “best interest” standard and this may or may not align with what a child wants or needs.

What age can a child decide which parent to live with in NC?

​There is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.

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75 Comments
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​110 E Jefferson St.
Monroe, NC 28112

(704) 493-6851​

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Contact us
  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
      • Suspended or Revoked License
      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
      • Bankruptcy Disclaimer
    • Debt Settlement
    • Foreclosure Defense
  • Blog