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Driving While Impaired (DWI, DUI)

Whole books have been written about driving while impaired (also known as DWI or DUI).  I will be brief here and say that if you are found guilty (or plead guilty) you could face anything from a fine, court costs and community service all the way to two or more years in prison, depending on your circumstances.

If you retain me, my job is two-fold. First, I will interview you and look at other evidence to see what might be your chances of being acquitted.  Second, I will help you prepare for the sentencing hearing, where a judge decides whether you get a relatively minor penalty or something more serious. There are things we can do ahead of time to increase the chances that you will get a less serious penalty.

Please give me a call at 919-683-2175 to discuss your pending DWI and to get answers to questions you may have.  I am here to help.

“Nine Over”

(Updated 6 February 2014) 

There are several ways to avoid getting insurance points from a traffic ticket.  Besides getting the case reduced to improper equipment, or using a prayer for judgment continued (“PJC”) , there is something called  “nine over.”  What does this mean?  North Carolina’s Safe Driver Incentive Plan, otherwise known as the insurance point system, states how many insurance points a driver gets with each type of conviction.  For example, according to the insurance point chart,  a driver who pleads guilty to driving 58 mph in a 45 mph zone  would receive two (2) insurance points, which would result in a 45% increase in her insurance rates for three years.  However, the same insurance point system has an exception, one that traffic lawyers call “nine over.”  The insurance chart says that a driver will not get any points for:

Speeding 10 mph or less over the posted speed limit; provided all of the following are
true:
• The violation did not occur in a school zone; and
• There is not another moving traffic violation for the experience period (an isolated
Prayer for Judgement Continued (PJC) will not count as a prior conviction for the
purpose of this exception).

So, if  the driver is charged with 58 in a 45, and the ticket is not in a school zone, and she has a clean record for the past three years, then one way to keep her insurance from going up would be to ask the D.A.’s office to reduce the charge to 54 in a 45 (nine mph over the speed limit, or “nine over”), and the driver’s insurance would not increase. (Note: Depending on the circumstances, I might be able to help this person even if she got the ticket in a school zone).

Have a ticket?  Give me a call — Don’t risk losing all those savings you got from changing insurance companies!   919-683-2175.