TRAFFIC Crimes Defense Attorney in Raleigh & Durham, NC
Many traffic offenses in North Carolina are classified as crimes, rather than mere traffic infractions. Criminal charges under North Carolina’s traffic code range from certain simple speeding tickets (anything over 15 mph over the speed limit, or any speeding ticket with an actual speed over 80 mph is a Class 3 misdemeanor), to reckless driving, to driving while license revoked, to misdemeanor and felony death by vehicle. North Carolina’s treatment of routine traffic matters is particularly harsh compared to many states, where you can be stuck with a criminal record for simply admitted to a speed that 80% of traffic drives every day during rush hour.
If you’re charged with a traffic-related misdemeanor or felony, it is critical that you seek out an experienced attorney to guide you through the process, and someone who has the experience and skill to fight the charge at trial if the circumstances dictate that path.
Categories of TRAFFIC Crimes
Speeding Under N.C.G.S. 20-141(j1): Speeding More Than 15 MPH or Over the Limit / Over 80 MPH (Regardless of Limit)
If you get stopped for doing 51 in a 35, even if it’s South Dawson Street in Raleigh where everyone and their mother drives 55, you’ve just been charged with a misdemeanor — a criminal offense. Or if you get stopped doing 81 in a 70 on Highway 40 — even though you’re in the right lane and everyone else is blowing past you on the left doing 85+ — you’ve just been charged with a misdemeanor criminal offense.
Driving While License Revoked: N.C.G.S. 20-1 – Impaired and Non-Impaired Revocations
Driving on a license that was previously revoked for a non-impaired offense (i.e., not a DWI) is a Class 3 Misdemeanor in North Carolina, and can subject you to another revocation and even jail time in some circumstances. Driving on a license that was revoked due to an impaired driving offense (DWI) can lead to jail time, even on a first offense.
Driving While Impaired: N.C.G.S. 20-138.1 – Impaired and Non-Impaired Revocations
Driving While Impaired (DWI) is a serious charge in North Carolina that is treated with zero tolerance. Please see our extensive section of DWI resources for detailed information on DWI sentencing, our DWI FAQ, defense strategies, and more. See our Results section for examples of our results in DWI cases we’ve challenged and reviews from clients of the firm, many of whom we represented on DWI charges. Having a skilled DWI lawyer who has focused on the complexities of the law surrounding DWIs is critical to anyone facing a DWI charge, whether it’s a first offense or your third.
Death by Motor Vehicle: N.C.G.S. 20-141.4 – Misdemeanor and Felony Death by Motor Vehicle
In North Carolina if you are found to be at fault in a car accident that leads to the death of another individual, you can be charged with either misdemeanor or felony death by motor vehicle. The stakes are high if you’ve been charged with either offense, and your first step should be to seek out the right lawyer to defend you.
To be charged with Misdemeanor Death by Vehicle, you must be alleged to have violated any portion of the traffic code other than impaired driving (DWI), and unintentionally caused the death of another individual where the traffic violation is determined to be the proximate cause of death.
To be charged with Felony Death by Motor vehicle, you must be alleged to have committed a DWI, and the fact of driving while impaired is determined to be the proximate cause of death. Felony Death by Motor Vehicle is a Class D felony in North Carolina with a presumptive prison sentence of 51-64 months, though if you are a Level 1 offender, a split sentence is permissible under North Carolina sentencing law.
Call Our Office for a Free, Confidential Consultation
Call a Raleigh traffic crimes lawyer if you have been arrested or charged with any misdemeanor or felony offense in Raleigh or Durham, North Carolina, whether a theft crime or otherwise. Contact us today for a free, confidential consultation and case evaluation at (919) 899-9404.