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Marcus E. Hill, Attorney at Law | © 2024 | All rights reserved. | Employee LogIn
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!
If your license has been revoked due to past impaired driving or multiple traffic convictions, your limited driving privilege can now allow you to drive back and forth to your church or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.
Remember that you are not entitled to agree to do what the officer wants, unless you get permission from me. Blame it on me: you have to do what I have instructed you. Give your license or identification card to the officer. Don't volunteer any information. Don't agree to ANY tests on the road. Don't submit to a search unless he has a warrant. You will not pass their tests, and you will not gain advantage by doing what he asks. You will only give him enough information to arrest you, prosecute you and possibly convict you.
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.
Points are given for the following moving violation offenses pursuant to N.C.G.S. § 20-16(c):
| Conviction | Point Value |
|---|---|
| Passing a stopped school bus loading or unloading children (NO PJCs) | 5 |
| Aggressive driving | 5 |
| Reckless driving | 4 |
| Hit and run, property damage only | 4 |
| Following too closely | 4 |
| Driving on wrong side of road | 4 |
| Illegal passing | 4 |
| 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 sign | 3 |
| Speeding more than 55 mph | 3 |
| Speeding through a school zone | 3 |
| Failure to yield right of way | 3 |
| No driver license or license expired more than one year | 3 |
| Running through red light | 3 |
| Failure to stop for siren | 3 |
| Speeding through safety zone | 3 |
| Failure to report accident where such report is required | 3 |
| No liability insurance | 3 |
| All other moving violations | 2 |
| Littering involving a motor vehicle | 1 |
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.
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
END OF DOCUMENT
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
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