North Carolina Traffic Law ? Speeding Tickets Points & Insurance ...

September 3, 2011 by North Carolina DWI

THE LAWS IN THE STATE OF NORTH CAROLINA MAY HAVE CHANGED SINCE THE ORIGINAL PUBLISHING OF CLE MATERIALS. ?COUNSEL WOULD BE WISE TO REVIEW THE NOTED STATUTES TO CONFIRM MODIFICATIONS. ?THE CONTENTS HEREIN ARE TAKEN IN PART FROM ?Adventures in Fantasyland, Traffic Law Primer? by Bill Powers. ?The original may be reviewed: ?http://www.powmac.com/CM/DWIPublications/Traffic%20Primmer%20December%20FINAL%20DRAFT%202004.pdf

Bill Powers has published and awaits printing of a ?Traffic Law Quick Reference Guide 2012.?

I. Basics of Traffic Law in NC

North Carolina has two distinct point systems when dealing with traffic violations. The first is that which is enforced by the North Carolina Division of Motor Vehicles (hereafter ?DMV?). Certain traffic citations will, if convicted, add points to a motorist?s driver?s license. An accumulation of these points can lead to an increase in insurance premiums and even eventual suspension of a motorist?s driver?s license. The second point system that runs in conjunction with the DMV point system is the insurance point system created by the Safe Driver Incentive Plan (SDIP). An accumulation of these insurance points will have a direct effect on insurance premiums up to a 400 % increase in rates.1

1 SDIP Rules (See Charts Infra)

2II. Traffic offenses in general

Under N.C.G.S.A. ? 58-20-16 a driver in North Carolina will receive Division of Motor Vehicles points for various moving and non-moving violations. These violations can accumulate anywhere from 2-5 points per conviction and lead to the suspension and revocation of a driver?s license.2 Certain offenses are considered waivable offenses in which the driver issued the citation may forgo an appearance in court by executing a written waiver of appearance or plead guilty to the said charge. NCGS 7A-148. If the court has not been furnished with a written waiver of appearance and the driver has not entered a guilty plea by the notified court date, the driver?s license will be suspended until action by the driver is taken. Other more serious offenses are not waivable under the statute and require a mandatory court appearance. (See More: NCGS 7A-148) If the driver fails to appear in court on the date specified in the citation, an order for arrest will be issued and the driver will be arrested.

a. Revoking and Suspending a license

The DMV has the authority to temporarily suspend and permanently revoke a motorist?s driving privilege.3 Under N.C.G.S.A. ? 58-20-16 a license can be suspended or even revoked without any formal preliminary hearing. Upon making the determination that a license will be suspended, the DMV must notify the licensee in writing. If applicable a hearing may be requested by the licensee typically within 10 days of the suspension notice. One suspension in which DMV will offer no preliminary hearing is where a driver receives a conviction for traveling more than 15 mph over the posted speed limit where the posted speed limit is 55mph or more; or traveling 20 mph over the speed limit when the speed limit is at least 35mph; or traveling over 80 mph no matter how much in

2 Under 20-4.01(36), 47 the words suspension and revocation have the same meaning. Formerly the different uses of the words were to differentiate between revocations that were mandatory by the DMV and suspensions that were within the DMV?s discretion. 3 The words suspend and revoke for practical purposes are interchangeable. For example: A person who is pulled over for a traffic violation while their license is suspended, would be charged with Driving with a Revoked License.

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excess of the speed limit the driver is traveling. Furthermore, a license may be automatically suspended by DMV for various reasons.4

b.

1. Theaccumulationof12DMVpointswithina3-yearperiod.Or8pointsin the 3 years that immediately follow a period of license suspension due to a 12 point accumulation. When a license is suspended for accumulating too many points, the initial suspension may not be for more than 60 days. The second suspension shall not exceed 6 months and the third should be no more than 1 year.

2. The driver has within a period of 12 months received 2 or more convictions for speeding in excess of 55mph and not more than 80 mph.

3. The driver has within a period of 12 months received one or more charges of reckless driving AND 1 or more convictions for speeding in excess of 55mph and not more than 80 mph.

4. The Driver has been convicted of operating a motor vehicle at a speed greater than 75mph where the maximum speed is less than 70 mph.

5. The driver has been convicted of operating a motor vehicle at a speed greater than 80mph where the maximum speed is 70 mph.

Driving with a revoked license

Driving with a revoked license (hereafter DWLR) is considered a Class 1 misdemeanor in the State of North Carolina, thus making the driver subject to active jail time. Appearance in court is mandatory for this offense even if the driver is pleading guilty. Furthermore, if a person is convicted of a moving violation while his license is suspended, the revocation will be extended for one additional year.5 For example if a driver is charged with driving on a revoked license (DWLR) and a citation for speeding arising out of the same incident, even if the DWLR is voluntarily dismissed by the District Attorney, a conviction for speeding will still revoke that Driver?s license. Although the actual charge was dismissed, the license is still in revoked status and a

4 DWI related suspensions are not included. Please see N.C.G.S.A. ? 58-20-16 for DWI and certain other traffic offenses that allow the DMV to revoke a license. 5 Two additional years for a second conviction and permanently for third conviction.

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conviction of any moving violation during a period of suspension will further revoke the license.6 If a driver is convicted of a moving violation while driving in a state of suspension, their driver?s license will be suspended for an additional 12 months. If a driver is convicted of 3 moving violations while in a period of suspension, their license will be permanently revoked.7

III. Traffic offenses and Insurance points

The ?primary purpose of law requiring insurance is to furnish at least partial compensation to innocent victims who have suffered injury and damage as a result of negligent operation of a motor vehicle upon a public highway.? Grant v. State Farm Mut. Auto. Ins. Co., 159 S.E.2d 368 (1968). Insurance companies must become a member of The North Carolina Rate Bureau (hereafter ?Bureau?). The Bureau was created in part to propose and promote insurance rates for private passenger vehicles. N.C.G.S.A. ? 58-36-1(3). These rates are then subject to review by the Commissioner of Insurance.

The Bureau must file what is known as the ?Safe Driver Incentive Plan? (hereafter SDIP). This plan distinguishes among drivers who have safe driving records and drivers who have a record of at fault accidents and convictions for moving violations. Drivers who are convicted of certain moving violations and are found at fault in certain accidents will be assessed SDIP points and thereafter notice additional increases in their premiums. (SDIP Rule 5A)

a. What is a clean risk for insurance purposes?

Under the SDIP certain drivers that have safe driving records are considered ?clean risks? by insurance companies and are entitled to greater discounts on their premiums. To be labeled as a clean risk, the owner, principle operator and each licensed operator in the owner?s household must have at least 2 years of driving experience as a licensed

6 Furthermore, even if the court allows a Prayer for Judgment Continued for the moving violation, the Driver?s license will be further suspended. A prayer for judgment is a conviction with no sentence imposed. 7 Their license cannot be reinstated without a formal DMV hearing.

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driver and have had no SDIP points assessed against them during the 3 years immediately preceding the date of the application. N.C.G.S.A. ? 58-37-35.

b. Moving violations and Insurance Points

The SDIP requires insurers to assess driving record points for various automobile related convictions. SDIP Rule 5B1a(4)(b). A conviction is defined as a plea of guilty, no contest or an actual adjudication of guilt by a judge or jury (even if no sentence is imposed). SDIP Rule 5B. This means that for the purpose of accumulating insurance points, a PJC counts as a conviction. However, the SDIP allows one PJC per household that will have no effect on insurance points once every three years.8 SDIP points generally range from 1 point for a violation such as speeding 10mph or less in excess of a speed limit under 55mph, to 12 points for a DWI.9

Chart for traffic violations and SDIP Points

8 The effect of the preferred rate will be determined by the individual insurance co. 9 See detailed chart on page 6 & 7 for details and exemptions.

DWI Prearranged highway racing Hit and Run Resulting in Bodily Injury or Death

12 SDIP points

400 percent rate increase

Highway racing Speeding to Elude Arrest

10 SDIP points

300 percent rate increase

DWLR (Driving with a revoked license)

8 SDIP points

220 percent rate increase

Reckless Driving Hit and Run (Property Damage Only) Passing a Stopped School Bus Speeding in excess of 75mph (when the speed limit is less than 70mph) Speeding in excess of 80mph (when the speed limit is more than 70mph) Driving After Consuming Under 21

4 SDIP points

180 percent rate increase

Illegal Passing Following too Closely Driving on the wrong side of the road Speeding more than 10 mph over the speed limit (provided that the driver?s total speed is over 55mph but less than 76mph) Speeding 10mph or less than the speed limit (where the speed limit greater than 55mph)

2 SDIP points

45 percent rate increase

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Speeding 10 mph or less (where the speed limit is less than 55 mph) All other moving violations

1 SDIP points

25 percent rate increase

It should be noted that the above chart is superceded by the N.C.G.S.A. which states that any sub classification plan, such as the SDIP, shall provide that with respect to a conviction for speeding 10 mph or less over the posted speed limit there shall be no assessment of points unless there is a driving record consisting of a conviction(s) for a moving violation, except for a prayer for judgment continued, during the three years precedingthedateofapplication.10 N.C.G.S.?58-36-75(f).

More specifically, the SDIP must also provide that, with respect to a prayer for judgment continued, there should be no assessment of points unless the vehicle owner, principle operator, or any licensed operator in the owner?s household has a driving record consisting of a prayer for judgment continued for a moving violation during the drivers ?experience period.? As there are to be no insurance points issued for one PJC per household every three years a second PJC within the household may cause the assessment of SDIP points.

c. Accidents and Insurance Points

The SDIP can issue points for both major and minor at-fault accidents. A major accident is one that results in death, bodily injury or property damage of 3,000 dollars or more. A minor accident is one that results in property damage of less than 1,800 dollars. An at- fault accident where the property damage is more than 1,800 and less than 3,000 is classified as an intermediate accident.

Chart for accidents occurring on or after Jan. 1 200411 and SDIP.

10 The three years preceding the date of application or the preparation of the renewal is called the ?Experience Period.? 11 See SDIP Rules for details on at-fault accidents occurring before January 1,2004.

A major at-fault accident: results in death or bodily injury (where the bodily injury is more than 1,800) or property damage of 3,000 or more.

3 SDIP points

65 percent rate increase

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An intermediate at-fault accident results in property damage in excess of 1,800 but less than 3,000.

2 SDIP points

45 percent rate increase

A minor at-fault accident resulting in bodily injury of 1,800 or less and property damage of 1,800 dollars or less.

1 SDIP point

25 percent rate increase

It should once again be noted that notwithstanding the SDIP chart above, the N.C.G.S.A. states that there should be no assessment of points against a driver where the driver is involved in a minor accident in which there has been no conviction against him for a moving violation associated with that accident and neither the driver nor any other member of the drivers household has a driving record consisting of a moving violation conviction or another at-fault accident during the ?experience period.? N.C.G.S. ? 58-36-75(a)(1)

d. Determining fault in an at-fault accident

The SDIP requires insurers assess points for accidents where the driver was at-fault. SDIP Rule 5B1b. The rule further defines ?at-fault? as synonymous with negligence. And states that no points will be issued where the driver is free of negligence. SDIP Rule 5B, Note 3. Furthermore, the insurers under the SDIP and Prentiss v Allstate Insurance Company are allowed to determine which party is at fault even where there has been no fault issued by the court system. Prentiss v Allstate Insurance Company 144 N.C. App.404, 408.

For example in Prentiss the driver insured by Allstate Insurance Company was involved in a two car accident and cited for ?failing to see before turning from a direct line that such movement could be made in safety.? Although this citation was later dismissed in District court, Allstate Insurance Company found that the driver was at-fault and issued SDIP points thereby removing his safe-driver discount and increasing his premiums. The court in Prentiss concluded that SDIP not just allows but rather requires insurance companies to make determinations of fault in accidents. The court specified that an at- fault accident must mean one that is not adjudicated in court, as there is a wholly

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separate SDIP provision that covers convictions. Prentiss v Allstate Insurance Company. Put simply, even if found not guilty and/or not ?responsible? of a traffic violation, an insurance carrier (based on the damages pay out), may still assess insurance points.

NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background

WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law.

Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. ?The Law Office of Bush & Powers is no longer a legal entity, as Tom Bush & Bill Powers are no longer law partners. ?Bill Powers is managing partner of Powers McCartan, pllc.

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Source: http://northcarolinadwiblog.com/2011/09/03/north-carolina-traffic-law-speeding-tickets-points-insurance-consequences/

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