traffic offenses

Tag: traffic offenses

What You Need to Know about License Suspension and Revocation

Written by kwmlaw on May 25, 2023. Posted in Kelly & West News.

Driving is something most of us take for granted. However, North Carolina recognizes driving as a privilege, not a right. “If you abuse it, you may lose it,” as the DMV says.

Losing your license can be a result of one or multiple offenses, some not even traffic-related. You may lose your driving privileges in one of two ways: having your license suspended or revoked. More severe offenses or repeated violations may lead to license revocation.

What is the Difference Between License Suspension and License Revocation?

A suspension means that your driving privileges have been temporarily halted for a specific period. Your license may be reinstated after fulfilling all terms of your suspension, and then you can apply for a new one.

A revocation means that your driving privileges have been terminated. You can’t get your license back until you pass all tests and complete any other requirements. You may later re-apply, but the state may deny your application for several reasons.

The following is an incomplete list of traffic violations resulting in license suspension or revocation:

Driving after consuming alcohol under age 21
Speeding over 15 mph over if the speed limit is 55 mph or more
Two convictions of speeding more than 55 mph in one year
Speeding more than 55 mph and reckless driving
Manslaughter by motor vehicle
Assault by motor vehicle
Conviction of a moving violation while license is revoked
Refusal to submit to blood/breath test
Aid and abet DWI or DWLR
Two traffic citations within one year for a provisional license
Three or more moving violations within one year
Accumulation of traffic points
Driving under the influence of alcohol or drugs
Driving with a suspended license
Use of altered/false license plates
Speeding to elude
Hit and run
Street racing and speeding
Failure to appear or pay court fees

Non-Traffic Offenses

You may have your license revoked due to non-traffic related offenses as well. Having your license revoked due to a non-traffic offense is often up to the judge’s discretion. The following are common violations that may lead to a license suspension or revocation:

Non-DUI alcohol or drug-related offenses
Not paying automobile insurance
Failure to appear or pay court fees
Failure to pay child support
Dropping out of high school
Medically or mentally unfit to drive
A second conviction of possession of an open container

How To Get Your License Back

License revocation and suspension may be settled with or without a hearing. Not all violations require a hearing.

If you are granted your license after a hearing, you will have to follow specific terms and conditions. If you don’t have to go to court, or your hearing didn’t go in your favor, you may be allowed to apply for another license after your suspension period. The state will decide if you are eligible to drive again.

Once you have completed all requirements and your suspension time has ended, you will be eligible to apply for another license. Make sure you have all of the required documents, including proof of identity and insurance. You will also have to pay fees, including restoration and service fees, as well as DWI reinstatement fees, if applicable. These payments are separate from DMV and court costs, and the expense of purchasing a new license.

Do you need help with your license suspension or revocation? Contact the attorneys at Kelly & West so we can answer your questions.

5 Steps to Take if You are in a Rear-End Collision

Written by kwmlaw on April 13, 2023. Posted in Kelly & West News.

With rear-end collisions being the most common car accident, you are probably somewhat familiar with them or have even experienced one. Rear-end collisions occur when a vehicle crashes into another car that is directly in front of it. These accidents are generally the fault of the last car in the collision and most law enforcement officers will cite that driver since had that driver been more careful or followed less closely, the accident would not have occurred.

In the unfortunate case that you have been in a rear-end collision, you should be aware of what steps to take directly following the accident, and who to call if you have suffered any losses.

Call the police. Call 911 and have a police officer come to the scene. A police officer can assess the situation and file a police report. A police report will create documentation of the collision and will also detail how the accident occurred and who is at fault, generally. This information is usually required by the insurance company before they pay a claim.
Seek medical attention. Even if you don’t think you are hurt, be sure to seek medical attention to be checked out. Some injuries are not immediately obvious, such as internal injuries, so you want to be sure that you do not have a major problem and don’t know it so it’s a good idea to be checked out just in case.
Exchange information and speak to witnesses. If both drivers cooperate and are willing to talk, you can exchange contact information so the claim may be more easily resolved. Share insurance company names and write down the information about that person’s vehicle. If there are any witnesses, collect their information and ask if they can provide a statement. Witness statements can be beneficial to you if you end up having to go to court.
Take photos. Take photos of both cars and the scene if you can. You want to make sure to take photos that document the damage to your car, both up close and from a distance. We recommend that you take photos of the other car also as this may be the only chance you get to obtain these photos. Also, be sure to take pictures of the scene and any marks on the road, too. This helps document what happened and can be useful to send to the insurance company later.
Contact a personal injury lawyer. Contacting a Personal Injury Lawyer is the last, but perhaps the most important step. A Personal Injury Lawyer can help you gain the compensation you deserve from the accident. We can be there to guide you through the process and make sure you are compensated for your losses. You may want to hire a Personal Injury Lawyer early on in your claim so your attorney can preserve evidence and document your claim from the outset.

If you have been involved in a rear-end collision and you have been through physical or financial loss, contact our office at Kelly & West. Our experienced lawyers are here for you.