North Carolina Traffic Law For New Attorneys

Tyler, a white man with brown hair and a beard, wears a white shirt, purple tie and black jacket. Anastasia, a white woman with brown hair, wears a white blouse and black jacket. By Tyler Chriscoe and Anastasia Tramontozzi

Few attorneys enter law school dreaming of being traffic lawyers, yet traffic cases form a large portion of daily district court practice across North Carolina. Outcomes in traffic cases carry real consequences for clients, from impacting employment, to increased insurance costs, to long-term suspension or revocation of one’s driving privilege. Many lawyers handle traffic matters because they are frequent and predictable, but there is a difference between handling these cases and handling them well. Excellence in traffic practice begins at intake. The purpose of this blog is to help all, but especially new attorneys who practice traffic law.

Below are some tips for attorneys to identify at the outset of every traffic case and reasons why these suggestions matter.

I. Identify Who is the Client

It is important to know who your potential client is to determine what outcome is achievable, as well as what outcome will be most beneficial to your client.

An important inquiry at the outset is to determine whether your client possesses a commercial driver’s license (CDL). The stakes are higher for those who have CDLs. The wrong outcome can adversely impact the livelihood of a CDL holder in a different way than a non-CDL holder. Additionally, some employers automatically terminate a CDL holder if the driver accrues any license points because it is incredibly expensive to insure commercial vehicles. Therefore, it is important to always ask a client if she has a CDL.

Another important tip is to obtain your client’s prior driver’s license history. There are numerous dispositions that can result in a suspension of a person’s driving privilege. Knowing your client’s driving history will help you determine what result is necessary for your client to maintain her driving privilege and to obtain a disposition that will not result in the imposition of driver’s license points. An inexperienced traffic attorney goes to court and accepts whatever plea deal the ADA offers thinking that any reduction is the best outcome. A great traffic attorney goes to court knowing her client’s driving history and works to obtain a disposition that avoids suspension or revocation and results in her client receiving no driver’s license points or as few as possible.

II. Understand the Legal Framework Before You Evaluate the Case

At a minimum, familiarize yourself with N.C.G.S. §§20-16, 20-16.1, 20-19, 20-28, and 20-28.1, and the various suspension provisions contained in those statutes.  It is important to note that while certain dispositions may seem like a “good” outcome for a client, a client’s driving status could nevertheless be negatively impacted if the attorney has not considered the likely outcome based on the client’s particular driving history. For example, if your client is charged with 85/55 mph zone, reckless driving, and non-impaired DWLR, and the ADA agrees to dismiss the reckless driving and the DWLR and to amend the 85/55 mph zone to a 64/55 mph zone, pleading your client responsible to the reduced charge of 64/55 mph zone will negatively impact your client’s driving privilege, because pleading guilty to any moving violation during a period of suspension triggers another suspension. Or, when representing a client charged with non-impaired DWLR, first identifying and redressing the failure to appears (FTAs) that triggered the suspension may result in the ADA dismissing the pending DWLR or, at a minimum, offering a reduction of the DWLR to a non-moving violation. And if suspension is unavoidable, knowing the limited driving privilege (LDP) statutes is key so that if eligible, your client still can legally drive even during a period of suspension. It is important to note that LDPs are discretionary to the judge and that many judges require the consent of the ADA before signing a LDP. Also, LDPs have a filing fee and your client’s driving will likely be restricted to certain hours and geographic locations. So, it is important to know your client’s work schedule, family responsibilities, and personal needs to ensure that you can obtain the most flexible LDP for your client.

Additionally, it is important to familiarize yourself with N.C.G.S. §20-16(c) to understand which dispositions result in the assessment of points. Further, it is important to know the difference between insurance points and driver’s license points, and in what scenarios the different points are assessed.

It is also important to understand the nuances of an “Improper Equipment” (IE) versus a “Prayer for Judgment Continued” (PJC). By state law, a person cannot receive an IE when convicted of speeding in excess of 25 mph over the speed limit. See N.C.G.S. §20-141(o)(2). Also, a person cannot receive a PJC when convicted of speeding in excess of 25 mph over the speed limit. See N.C.G.S. §20-141(p). And it is important to remember that a PJC functions as a conviction, so a person who obtains a PJC on a traffic-related misdemeanor is nonetheless accumulating a criminal record. PJCs also may not be accepted in other states, so if your client has an out-of-state license, driver’s license and/or insurance points may still be imposed even if your client was given a PJC.

Finally, be prepared to inform your client whether to be present in court or not. There are certain waivable and non-waivable traffic offenses in North Carolina.

III. Gather Case-Specific Information Through Systems and Local Rules

Use the resources available to you. Regardless of your thoughts on eCourts, it has vital information that you should consult. For example, try to pull a copy of the citation itself. The officer may have included certain notes about their interaction with your client on the citation. You can also use the eCourts Portal to check a client’s history for prior North Carolina traffic offenses.

While state law governs the charge itself and the cap on certain reductions, individual counties can be stricter with their internal policies. So, a great attorney knows the local policies for the counties in which you practice and prepares clients for county-specific resolutions rather than a one-size-fits-all approach.

IV. Address the Client’s Practical and Predictable Concerns

One of the most important factors to consider as a traffic attorney is the relationship you have with your client. For some clients, a speeding ticket could cost them their job. Knowing what a client expects is key to navigating the attorney-client relationship, and if a person’s goals will require a trial, it is helpful to know that information.

You can help a client by setting realistic outcomes. Resist the urge to gain clients by suggesting an unrealistic outcome. Remember, you cannot force the ADA to offer a specific reduction, and trials on traffic tickets can be difficult to win, so prepare your clients with realistic outcomes from the beginning.

Good luck, advocates. And remember . . . it is never “just” a ticket!

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