If you have been cited for a traffic offense, it is crucial to hire an attorney. An experienced traffic ticket attorney can help you prepare your case and defend your rights in court. At Girdwood & Williams, PLLC, our firm has helped thousands of clients defend themselves against traffic tickets in Wilmington, NC, and New Hanover, Pender, and Brunswick Counties. Our goal is to provide guidance as you navigate the complexities of the North Carolina legal system, help you prepare a defense against the charges, and ensure you fully understand what to expect throughout the process. Here is our guide to how to fight a traffic ticket in North Carolina.
Hire an Experienced Traffic Ticket Attorney
You have the right to representation by an attorney for any traffic violation. Your attorney can ensure you understand the consequences or potential penalties for the charges against you. They can also offer legal advice, help you prepare a defense, negotiate with the prosecutor on your behalf, and represent you in court. To find an experienced attorney in the North Carolina area, you can:
- Ask friends, family, or colleagues for recommendations
- Request that the court appoint an attorney to represent you in certain cases
- Read online reviews for local attorneys in your area
- Get estimates for the cost of legal representation
- Schedule a consultation to ask questions and assess the attorney’s skills, experience, and legal strategies
Make Sure You Understand the Details of the Citation
Not all traffic citations require a court appearance. Your ticket will include a court date, but your attorney may be able to properly dispose of your case before you need to appear in court. If you live outside of the county or state in which the ticket was issued, you may be able to have your attorney appear on your behalf at the court date. You can also waive your court date by agreeing to pay the fine and any other additional fees online prior to your court date; however, this option isn’t available with all traffic offenses. Keep in mind that if you do waive your court date, you are essentially pleading guilty to the charges in the citation, and you may face additional penalties. Your attorney can also request a reduction of the charges or fees associated with your citation or petition for dismissal of your case.
Be Aware of the Possible Penalties for Your Charges
Your attorney should explain to you the possible penalties for your charges. Your penalties will depend on many factors:
- Your age
- Your driving record and criminal record
- The offense or charges against you
- Whether you were impaired at the time of the accident
- The circumstances of the offense
- Whether anyone was injured or any property was damaged
- The age(s) of any passenger(s) in your vehicle
The North Carolina Division of Motor Vehicles, or the DMV in your home state, may assess points against your driver’s license or suspend your license. If you are found guilty of a DWI in North Carolina, your license may be suspended regardless of your driving record. You may also face jail time, court fees and fines, or prison time, depending on the severity of the charges and your criminal record. A guilty or responsible verdict can also increase your auto insurance rates.
Gather Documentation About Your Case
Your attorney can help you gather the necessary documentation to support your case. This may include:
- Dashcam footage
- Traffic camera or security camera footage
- Eyewitness testimony
- Testimony from passengers
- Diagrams of the scene
- Mechanic’s report for your vehicle
- Photos and video of the scene
- Laboratory results or blood test results
- Medical records
Dispute the Charges or Evidence
Your attorney can help you prepare a legal defense. This may include challenging the specific evidence presented by the prosecution or the officer who issued the traffic ticket, disputing the claims or charges against you, or arguing other specific defenses. Some common defenses used to dispute traffic citations, auto accidents, or DWIs include:
- No posted speed limit
- Damaged, unclear, or missing traffic lights or signs
- Poor roadway conditions or poorly maintained street or parking lot
- Improperly collected or mishandled evidence
- Chain of custody issues or evidence tampering
- Violation of civil rights
- Lack of probable cause or reasonable suspicion for the traffic stop
- Unsubstantiated or false field sobriety test results
- Inaccurate blood test or breathalyzer results
- Challenging the officer’s personal opinion or judgment
- Challenging the officer’s presentation of the evidence
- Arguing that the violation was a Mistake of Fact
- Arguing that specific circumstances justified your violation
- Arguing that your offense was necessary to prevent harm
- Arguing alternative explanations for impairment
Enter Into a Plea Agreement or Request Reduced Charges and/or Fines
Your attorney can help you negotiate a plea agreement with the prosecution. A plea agreement is an official legal document between you and the court in which you plead guilty to a lesser charge. Your attorney may also be able to negotiate reduced fees or fines.
Request a Dismissal of Your Charges
Your attorney can also request that the charges against you be dismissed. They will need to present compelling evidence to the court, either in a court pleading or at a hearing, that proves one or more of the mistakes or defenses listed above.
Explore Alternative Resolutions
The court sometimes allows defendants to resolve traffic tickets using alternative resolution. This means that rather than go to jail or have your license suspended, you may be able to attend traffic school or other court-mandated terms in exchange for a dismissal or reduction of your charges.
Schedule a Consultation With Our North Carolina Attorneys
If you are facing a traffic ticket in Wilmington, NC, or New Hanover, Pender, or Brunswick Counties, our attorneys at Girdwood & Williams, PLLC can help. Call us now or reach out to us online to schedule a consultation. We will go over the details of your case, explore your options, and discuss potential legal strategies. We have over 33 years of experience and handle minor traffic violations and tickets as well as more serious offenses like DWIs and DUIs.