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“Oops! I missed my court date.”

July 14, 2011 By 3 Comments

Missing a court date can be frustrating.  I’d be happy to help you out!  Give me a call at 919-683-2175

If you woke up this morning and remembered that you forgot to go to traffic court last week (or last last month, or last year, or five years ago), I probably can help you avoid some or all of the consequences.

The first situation I will discuss is the very-recently-missed court date.  By “recent” I mean within the past 20 days.  If it has been 20 days or less since you missed your court date, I can file a motion for a new court date.  Then, on that new date, I handle the case in the normal fashion, and you probably will have avoided the consequences of missing your court date.

If your missed court date was more than 20 days ago, the clerk of court will notify the Division of Motor Vehicles (DMV).  DMV then will send you a letter stating that  unless you take care of the ticket by such-and-such a date, your license will be suspended. In that situation, you will need to get a new court date and resolve the ticket before the suspension date listed on DMV’s letter.

A rather unpleasant consequence that  kicks in after 20 days is the late fee.  Unless you have a really good excuse for missing your court date and then not resolving it within the first 20 days, the court adds a $200 late fee to your court costs.  (That’s pretty harsh,  especially since until about two years ago the late fee was only $50. . . .)  In any case, I sometimes can get the court to forgive the late fee, but you do need to have a good excuse — more than it just slipped your mind.

Sometimes people will call me, often from another state, saying that they went to their local DMV to get their license renewed and were told that their license was suspended because of an unresolved ticket in North Carolina from two — or ten! — years ago.  In that situation, the process is basically the same. I file a motion to reopen the old case, and we work out a plea reduction if possible, and enter the plea.  You then pay the fine and court costs (including the $200 late fee in almost all of those cases).

In those really old cases there is one more step before you are “cleared” to renew your license. in addition to whatever other license renewal fees DMV may charge, they charge an additional fee (at last check it was $50) to remove you from their list of persons who are prohibited from getting a license because of unresolved tickets.

So, it’s obviously a good idea to take care of your ticket on your court date.  But everybody makes mistakes, and if you’ve  missed your court date, there are several good ways to straighten things out.

P.S.

Here’s one final piece of advice on this issue.  Inform DMV when you move!  Clients often tell me that their license was suspended because they didn’t know their court date had changed or because they failed to take some action that DMV supposedly had notified them to take. When I call DMV to find out why my client had not gotten the notice, DMV will tell me that they sent the notice to the address that was on the client’s driver’s license.   The law requires all drivers to notify DMV within thirty days of moving.  As far as DMV is concerned, your official address for receiving official notices is the address that’s on your license. I know it’s a pain, but when you move, get your license renewed with your new address.

Filed Under: Traffic Law Tagged With: , , , , ,

Why Choose Kenneth Duke?

July 8, 2011 By 2 Comments
First, clients benefit from the expertise that I have developed through 26 years of law practice in the Research Triangle area of North Carolina.   I have tried cases in the district and superior courts, and I have tried many workers compensation claims before the North Carolina Industrial Commission.  I  know my way around workers’ comp, personal injury and traffic law. 
Further, you usually will be dealing directly with me.  I do have an assistant, but when you call, as likely as not I will answer the phone.  I usually answer client emails myself.  I am willing to discuss directly with you the pros and cons of the various courses of action to be taken in your case, whether it’s a traffic, personal injury, or workers’ compensation claim. 
Call or email me right now and put my skills to work for you. 
Filed Under: Personal Injury, Traffic Law, Updates, Workers Compensation Tagged With: , , , , , ,

New Court Costs — RE-amended Post!

July 5, 2011 By 12 Comments

Here’s my latest experience on court costs.  If you plead guilty to a traffic infraction, the basic court costs will be $188. If you plead guilty to a non-infraction ticket, the basic costs will be $190.  (How to tell if your case is an infraction or a “regular” ticket?   You’ll need to know the file number, which is separate from the citation number.  If the letters between the numbers are “IF,” it’s an infraction.  If the letters are “CR,” it’s not an infraction. )

If we get your case reduced to improper equipment, which is just about the best break there is, short of dismissal, then there will be an extra court cost of $50.  If the judge wants to (but they usually don’t), he or she can also add a fine.

Finally, let me warn you about the “late fees” that came into effect in August of 2011. If you miss your court date by more than twenty days, you will be charged a $200 late fee!  Occasionally, we can get those forgiven, but just be aware of that if you’ve got a pending ticket.

Have a traffic question? Give me a call at 919-683-2175.

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Areas (Places) I Cover

June 28, 2011 By 5 Comments

I prefer to stick with Durham County and Orange County. My office is a one-minute walk to the Durham County Judicial Building, and I can easily drive over to Hillsborough, the home of the Orange County Courthouse.  Some of the communities in Durham County are Timberlake, Rougemont, and, of course, the City of Durham .  Orange County has Chapel Hill, Carrboro and Hillsborough, plus a few other crossroads. Major roads that go through the area include I-40, I-85 and Highways 15-501, 147, 54 and 55.

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How much are the attorney’s fees?

June 21, 2011 By 3 Comments

I have always had the goal of charging traffic fees that anyone with a car and a driver’s license could pay.  Having said that, the fee varies with the case. For example, the fee would be less for a  “basic” ticket (such as 68 mph in a 55 mph zone)  than it would for a more serious case.  An example of a more serious case would be one in which the speed is high enough to suspend your license.  The fee also is higher if there is more than one charge arising from the same incident. I charge for mileage if a ticket is in Wake County.  

My fee does not include the court costs or any fine.  Often the amount of the court costs and fine will be written on the back of the ticket.  However, those amounts, especially the fine, may change depending upon how we resolve your case. The amounts that may be written on the ticket assume that you plead guilty as charged. If  I get the charges reduced the fine may change. If we resolve your case using a prayer for judgment continued (PJC), there will be no fine, only the court costs.

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Driver’s License Points and Insurance Points

April 17, 2011 By

Driver’s License Points

People often ask, “How many points will I get for this?”

First, you need to know that there are two point systems for traffic cases.   There are driver’s license (DL) points and insurance points.  DL points result from convictions of moving violations (such as running a stop sign, speeding, etc.)  Many people are worried about getting driver’s license points. However, because most minor tickets only carry two or three DL points, and you have to get twelve DL points to have your license suspended, most people don’t need to be so concerned about them.  (On the other hand, if you have a knack for getting tickets, you might want to remember that 12 DL points will get your license suspended!)

Insurance Points

Insurance points are another matter.  Just one insurance point will cause your rates to increase 25% for three years.  Four points, which would result from a conviction of driving 76 mph in a 65 mph zone, would result in a 90% increase for three years.  The charging of higher rates for people with traffic convictions is part of North Carolina’s Safe Driver Incentive Plan.  For a chart that lists how many insurance points apply to each type of conviction and the resulting insurance rate increase, click here.

Depending on your prior record, and what you’re charged with, there are several ways that we can keep your insurance rates from increasing as much, or at all. I have explained some of those methods, such as prayer for judgment continued, nine over, and improper equipment, in other posts.  There are other options as well.

Concerned that a ticket is going to cause your insurance rates to skyrocket?  Call me now at 919-683-2175  for a free consultation. 

Filed Under: Traffic Law, Updates Tagged With: , , , , , , , , , ,

Prayer for Judgment Continued (or “PJC”)

March 20, 2011 By

Have a traffic ticket? Please call me now at 919-683-2175  for a free consultation. 

What about Prayer for Judgment Continued?

With a prayer for judgment continued (or “PJC”), the defendant pleads guilty to an offense, but the judge never enters an official judgment in the case — the act of entering the judgment is “continued” (postponed) indefinitely.

For insurance purposes, each household may have one (1) PJC every three years.  So, if you plead guilty to a charge that ordinarily would result in insurance points, but the judge gives you a PJC, your insurance rates will not go up, as long as your household has not had any other PJCs in the past three years.

PJC’s also are useful if a driver is facing a license suspension.  For drivers license purposes, each driver is allowed two (2) PJCs every five years.  Here is an example of how a PJC could save a person’s license:

North Carolina law [G.S. Sec. 20-16(9)] says that DMV may suspend the licenses of drivers who get two convictions of speeding over 55 mph within a 12-month period.   So, what if you pleaded guilty to driving 64 in a 55 mph zone last March, and then the following February, you get charged with driving 68 in a 55?  If the judge will allow you to have a PJC on that second charge, your license will not suspended.

Please note that just because you have not “used up” your PJCs does not mean that you are entitled to one.  Whether a driver will be given a PJC is within the judge’s discretion.  A driver (and their lawyer) may have to persuade the judge to give the driver a PJC  – so it helps to be polite to the officer and to wear a coat and tie to court!

Note: This information is for general purposes only.  It is not meant to apply to a specific case. Also, this information is based on North Carolina law.  If you are licensed in another state, I suggest that you verify how a plea to a traffic case in North Carolina will affect your license where you live.

Have a traffic ticket? Please call me now at 919-683-2175  for a free consultation. 

 

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Background on Traffic Cases

March 20, 2011 By

Have a traffic ticket? Please call me now at 919-683-2175  for a free consultation. 

Some background information about traffic cases:

Most tickets will cause your insurance to go up. The amount of the increase depends on the ticket. For example, driving 68 miles per hour in a 55 mph zone would result in two insurance points, which would mean a 45% increase.   Driving 78 mph in a 65 mph zone is more serious, and would result in four points, and in an increase of 80%. Usually, I can get these types of charges reduced so that your insurance does not go up as much or not at all.

Some tickets will cause your license to be suspended unless they are reduced. The most common type of suspension occurs when both of these things are true: You are driving over 55 miles per hour and, at the same time your speed is more than 15 miles per hour over the limit. For example, a charge of 74 miles per hour in a 55 mile per hour zone would result in a thirty-day suspension. Again, I usually can get these cases reduced to prevent the suspension.

 Please call  now at 919-683-2175  for a free consultation. 

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