One of the more interesting things that I do on a daily basis is reviewing and interpreting driving records. The main reasons I do this is to resolve insurance issues, determine suspensions and failures to appear. When a suspension is caused by a failure to appear then the record becomes more difficult to read. For instance, a failure to appear that is disposed of after 60 days from the date of notice shows four different dates.
- the offense date,
- the missed court date,
- the failure to appear starting revocation date and
- the date of compliance (or conviction).
When dealing with a suspension these dates are crucial since a conviction of a moving violation that occurs (offense date) between the failure to appear start date and the disposal date (dates 3 and 4) causes a one year suspension.
These dates are also important for insurance purposes because the insurance companies look at all convictions that occur within a 3 year period to determine insurance rates upon renewal. As such, a five year old case that is disposed of within three years of renewal could cause an insurance increase.
If you have a failure to appear or have a case that occurred during a failure to appear period it is essential to have an attorney review your record to determine the best course of action.
Beginning with offenses committed after December 1, 2013 Driving While License Revoked and No Insurance charges have been reclassified as lower misdemeanors. A driving while license revoked is now a class 3 misdemeanor as long as the reason for the revocation was not impaired driving. Driving without insurance is also treated as a class 3 misdemeanor which also makes it a waivable offense. Another apparent benefit of this statute is that pursuant to 20-28(a1) a conviction of driving while license revoked will also be treated as a conviction of a no operators license for license and insurance purposes. The problem is that even though the class of misdemeanor has been reduced the dwlr conviction will still cause a suspension and, therefore, has to be handled properly (dismissal or prayer for judgment).
Charging language. The language of the citation used has been revised to reflect whether the dwlr is for an impaired or non-imparied offense. This is why you will see on the calendar the language “dwlr – non-impaired” meaning the revocation was not related to impaired driving or a refusal.
Texting While Driving Ticket in Raleigh, Wake County, NC
North Carolina prohibits ALL drivers (not just teenagers) from texting or reading a text message while a vehicle is in motion. Exceptions include: Those performing in official duties such as: a law enforcement officer. Penalty: A driver that is caught texting or reading a text message while driving will face a fine of $100 plus court fees of at least $130. The violation will not add points to your driving record and an insurance surcharge will not be assessed.