There are three main outcomes of any traffic ticket case: you can be found guilty as charged, guilty of something else, or not guilty.
If you’re found guilty, you may face the following consequences…
- Points on your driving record;
- License suspension;
- License revocation;
- Jail time; and
Additionally, if you are found guilty of a traffic violation, the conviction will remain on your driving record forever. However, the points that may be assigned to your record will be dismissed after three years.
So, three years after you’re found guilty, the DMV and insurance company will no longer use those points against you, your license, or your insurance rates.
Ideally, you will be found not guilty of the charges against you. In this case, you will walk away successful and free from any negative consequences of the charge.
What Happens If You Lose Your Case
Clients will often ask me, “If I lose this case, will I face harsher consequences than if I would have just paid the ticket?”
This is a very good question, but it is a difficult question to try and answer.
In my experience, the cases that lose at trial and are found to have no reasonable basis for a fight will face a “trial tax”. This is a stiffer penalty imposed by the judge to account for the fact that the court believes you to have wasted their time.
Can I point to a specific example to confirm this? No. But it does happen – I’ve seen it.
This is why it’s important that you can trust your attorney – because you need a legal advocate who is truly looking out for your best interests.
If I meet someone whose case is indefensible, I make it a point to say, “Hey, I know you want to fight this, but we don’t have any legal defenses.”
I will explain that if we go to trial and it comes out that you were going 100 miles an hour in a residential area, the judge will punish you for trying to fight an obvious offense.
In these situations, I will instead encourage my clients to let me work out something with the DA – out of court. By doing this, you can find a resolution to your case that will truly work to your greatest advantage.
If I Win My Traffic Ticket Case, Will My Driving Record Be Cleared Immediately?
Just because an officer charged you with speeding, you won’t have an offense published to your driving record until you are found guilty. The only thing that will appear on your driving record is a conviction.
Therefore, if you beat the case, (if the judge finds you not guilty or the case is dismissed), it won’t show up on your driving record.
Why You Should Always Consult With An Attorney
It’s always worth your time to speak with an attorney who can help you determine whether or not it’s worth fighting your ticket. This is true regardless of whether you decide to hire that attorney or not.
Speaking with a lawyer will help you create a framework on how to evaluate the next steps. This way you can find the answers to questions such as:
- What do you need to be considering in this case?
- Is it worthwhile for you to retain an attorney?
- What do you have on your driving record from within the past three years?
- Do you already have points?
- Who else is on your insurance policy?
- Are they likely to get points in the next three years?
- Have they gotten points while they were covered under this insurance policy?
Knowing the answers to these questions can make a world difference in your case. And remember: The more points on record – and the more people that are on your insurance policy – the much more likely it is you need a lawyer.
The Mitigating Factors Of Pleading Guilty
In North Carolina, the defense bar has negotiated the right for certain people charged with traffic tickets to mitigate the negative aspects of a guilty plea…
This is done by completing an online driving course that opens up the door to an entirely new realm of negotiation with the DA.
This course is four hours long and costs $65-$75. Additionally, you can benefit from this course by paying the one-time enrollment fee – as opposed to paying an increased insurance premium over the span of months or years.
If you are curious about whether this course would be a good fit for you, you should contact an attorney at your earliest convenience.
With So Much At Stake, Why Face This On Your Own?
Hiring our firm brings a wealth of knowledge, understanding, and experience that you just can’t have without being a practicing attorney who is in these courtrooms and handling these cases every single day.
I have prosecuted the law, I have defended the law, and I have written the law as a member of the North Carolina House of Representatives. I understand these cases inside and out, I know what the law is, why it is that way, and how it is likely to be applied and enforced in these courtrooms.
Everyone at my firm has relationships with court personnel that have been developed over decades. What’s more, we bring a passionate sense of advocacy to the table. We don’t just want to represent you – we want to help relieve some of the anxiety and fear that comes with the uncertainty of these charges.
Each of us has dedicated our lives to ensuring that folks are getting treated fairly when they’re traveling through our area – and to holding the law enforcement accountable for what they’re doing both inside the courtroom and out on the streets.
Discover The Difference That An Expert Can Make
At Baskerville & Baskerville, you can find a level of expertise that is hard to beat.
Our staff boasts a retired District Court Judge, a retired member of the North Carolina House of Representatives, and a team of lawyers who have all served as a former Assistant District Attorney.
That means that each of us has prosecuted these cases from the district attorney’s seat – so we know what to look for. We know what cases can be won, and we know what cases can be beaten.
These experiences make our firm completely unique as the members of our firm have prosecuted, practiced, judged, and written the law.
If you are facing a legal problem that seems insurmountable – you don’t have to lose hope. Contact our firm to schedule an appointment for a consultation and get on the road to your best case scenario.
For more information on Traffic Violations In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 572-4495 today.