311 E. Main Street, Durham, NC 27701 Info@MarcusHillAttorney.com

Phone: 919-688-1941

 
 
 

Traffic Tips & Driving Laws

 

In our state and in most of the United States, a drivers license is necessary to work and to live the life we all want. I am proactive in keeping you on the road legally- we will explore all the alternatives to retaining your privilege to drive. Of course, having a privilege to drive is not much help when you can't afford insurance- I'll help you there too!

 

NEWS FLASH:

 

If your license has been revoked due to past impaired driving or multiple traffic convictions, your limited driving privilege can now allow you to drive back and forth to your church or religious service.

 

Not only do you have to move over or slow down when police cruisers or first responder vehicles with lights flashing are on the roadside, now you must also move over or slow down for garbage and recycling trucks with flashing lights.

 

Driving Tips for Driving Safely in a Work Zone

  1. Stay alert! Devote your full attention to the road.
  2. Pay close attention! Look at the signs, equipment and workers.
  3. Keep the lights on your vehicle! Workers and other motorists must see you.
  4. Do not follow too closely to other vehicles Allow adequate space to brake.
  5. Do not go too fast! Obey posted speed limits.
  6. Do not drive slowly! Stay with the flow of traffic.
  7. Do not change lanes in the work area! Stay in your lane and pay attention.
  8. Minimize distractions! Do not change radio stations or talk on your cell phone while driving.
  9. Expect the unexpected! Be aware of the conditions around you.
  10. Be patient! Workers are improving your streets.

Driver's and Insurance Points

Points are given for the following moving violation offenses pursuant to N.C.G.S. 20-16(c):

 

ConvictionPoint Value
Passing a stopped school bus loading or unloading children (NO PJCs) 5
Aggressive driving5
Reckless driving4
Hit and run, property damage only4
Following too closely4
Driving on wrong side of road4
Illegal passing4
Failure to yield right-of-way to pedestrian pursuant to GS 20-158(b)(2)b. 4
Failure to yield right-of-way to bicycle motor scooter, or motorcycle 4
Running through stop sign3
Speeding more than 55 mph3
Speeding through a school zone3
Failure to yield right of way3
No driver license or license expired more than one year 3
Running through red light3
Failure to stop for siren3
Speeding through safety zone3
Failure to report accident where such report is required 3
No liability insurance3
All other moving violations2
Littering involving a motor vehicle1

In case of the conviction of a licensee of two or more traffic offenses committed on a single occasion, such licensee shall be assessed DMV points for one offense only and if the offenses involved have a different point value, such licensee shall be assessed for the offense having the greater point value. See N.C.G.S. 20-16(c).

 

The Safe Driver Insurance Plan (SDIP) establishes rates for drivers based on their accident histories and moving violation convictions. See N.C.G.S. 58-36-65 and N.C.G.S. 58-36-75.

 

12 Points

  • Vehicular Manslaughter (or negligent homicide)
  • Prearranged highway racing or aiding and abetting same
  • Hit and Run Driving resulting in bodily injury or death
  • Driving While Impaired
  • Transporting intoxicants for sale

10 Points

  • Highway Racing or aiding and abetting same
  • Speeding to Elude Arrest

8 Points

  • DWLR or Driving While Vehicle Registration Revoked

4 Points

  • Hit and Run resulting in property damage

Reckless Driving

  • Passing a Stopped School Bus
  • Speeding >75 MPH when posted limit is <70 MPH
  • Speeding >80 MPH when posted limit is ≥70 MPH
  • Driving After Consuming <21

2 Points

  • Illegal Passing
  • Speeding >10 MPH over limit and >55 MPH and <76 MPH
  • Speeding ≤10 MPH over limit in ≥55 MPH zone
  • Following Too Closely
  • Driving on the Wrong Side of the Road

1 Point

  • Speeding ≤10 MPH over limit in < 55 MPH zone* [excluding school zones]
  • Any other Moving Violation [including Exceeding Safe Speed; NOL; Failure to Yield to a Pedestrian]

No Points

  • Improper Equipment, Failure to Display Registration or Inspection or License

* No points are assessed if the driver has no other moving violations during the 3 year experience period. See N.C.G.S. 58-36-75(f).  

 

Motor Vehicle Law - Unlawful use of a mobile phone.

N.C.G.S.A. § 20-137.4

 

Effective: December 1, 2007

 

West's North Carolina General Statutes Annotated Currentness

Chapter 20. Motor Vehicles (Refs & Annos)

Article 3. Motor Vehicle Act of 1937

Part 9. The Size, Weight, Construction and Equipment of Vehicles (Refs & Annos)

 § 20-137.4. Unlawful use of a mobile phone

 

(a) Definitions. -- For purposes of this section, the following terms shall mean:

 

(1) Additional technology. -- As defined in G.S. 20-137.3(a)(1).

 

(2) Emergency situation. -- Circumstances such as medical concerns, unsafe road conditions, matters of public safety, or mechanical problems that create a risk of harm for the operator or passengers of a school bus.

 

(3) Mobile telephone. -- As defined in G.S. 20-137.3(a)(2).

 

(4) School bus. -- As defined in G.S. 20-4.01(27)d4. The term also includes any school activity bus as defined in G.S. 20-4.01(27)d3. and any vehicle transporting public, private, or parochial school students for compensation.

 

(b) Offense. -- Except as otherwise provided in this section, no person shall operate a school bus on a public street or highway or public vehicular area while using a mobile telephone or any additional technology associated with a mobile telephone while the school bus is in motion. This prohibition shall not apply to the use of a mobile telephone or additional technology associated with a mobile telephone in a stationary school bus.

 

(c) Seizure. -- The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone or additional technology, unless otherwise provided by law.

 

(d) Exceptions. -- The provisions of subsection (b) of this section shall not apply to the use of a mobile telephone or additional technology associated with a mobile telephone for the sole purpose of communicating in an emergency situation.

 

(e) Local Ordinances. -- No local government may pass any ordinance regulating the use of mobile telephones or additional technology associated with a mobile telephone by operators of school buses.

 

(f) Penalty. -- A violation of this section shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00). No drivers license points or insurance surcharge shall be assessed as a result of a violation of this section. Failure to comply with the provisions of this section shall not constitute negligence per se or contributory negligence by the operator in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a school bus.

 

CREDIT(S)

 

Added by S.L. 2007-261, § 1, eff. Dec. 1, 2007.

 

HISTORICAL AND STATUTORY NOTES

 

2007 Legislation

 

S.L. 2007-261, § 2, provides:

 

This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.”

RESEARCH REFERENCES

Encyclopedias

Strong's N.C. Index 4th, Automobiles and Other Vehicles § 914, Penalty for Offenses Involving Driving of Commercial Vehicle or School Bus.

N.C.G.S.A. § 20-137.4, NC ST § 20-137.4

The statutes and Constitution are current through S.L. 2013-7, excluding Chapter 6, of the 2013 Regular Session of the General Assembly.

(C) 2013 Thomson Reuters. No Claim to Orig. US Gov. Works

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© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.