Speeding Tickets for Teens in Raleigh NC… Will I go to jail?

December 16, 2011 by  
Filed under Criminal Law, Traffic Law

New Law Affects Teen Drivers in NC – G.S. 20-13.3

Tell your teen driver to slow down! It could cost them big after the New Year. The UNC School of Government reports that: On January 1st, 2012 the new law on Civil License Revocations for Provisional Licensees goes into effect. It’s a scary law that can land a teen driver in jail and result in a 30 day suspended license for speeding 15 mph over the posted speed limit (among numerous other moving violation).

The newly amended law, G.S. 20-13.3, will affect 16 and 17 year old drivers that have been issued a limited learner’s permit or a provisional license issued by NC DMV pursuant to G.S. 20-11. These drivers are defined as “provisional licensee[s].” G.S. 20-13.3(a)(4). This new law does not affect 15 year old drivers that have been issued Provisional Licenses because under North Carolina state law someone under the age of 16 cannot be arrested.
The new law is activated by commission of a “criminal moving violation,” which are driving offenses that are punishable as a misdemeanor or felony offense. This includes Reckless driving (G.S. 20-140) and Speeding more than 15 mph over limit or more than 80 mph (G.S. 20-141(j1))… Both of which are not uncommon for teens to be charged with.

Please see the end of this article for a complete list of criminal moving violations.

Under the new law a provisional licensee’s permit or license is subject to revocation under G.S. 13-3 if: (1) a law enforcement officer has reasonable grounds to believe that the provisional licensee has committed a criminal moving violation, (2) the provisional licensee is charged with that offense, and (3) the provisional licensee is not subject to a civil revocation pursuant to G.S. 20-16.5 for the same underlying conduct.
Bottom Line – If your teen speeds they risk license revocation and jail! Contact The Gurney Law Firm if you or your teen has been charge with a traffic or criminal offense (919) 930-4027. Mr. Gurney is a criminal defense attorney in Raleigh, NC and serves Raleigh, Cary, Garner, Apex, Wake Forest and all of Wake County.

The following offenses are criminal moving violations:
• G.S. 20-137.4: Operating a school bus while using a mobile phone
• G.S. 20-137.4A: Operating a school bus while using a mobile phone to text or access electronic email
• G.S. 20-138.1: Driving while impaired
• G.S. 20-138.2: Driving while impaired in a commercial vehicle
• G.S. 20-138.2A: Operating a commercial vehicle after consuming
• G.S. 20-138.2B: Operating a school bus, school activity bus, or child care vehicle after consuming alcohol
• G.S. 20-138.3: Operating a motor vehicle by person less than 21 after consuming alcohol or drugs
• G.S. 20-138.5: Habitual impaired driving
• G.S. 20-138.7(a): Operating a motor vehicle while there is an open container of alcohol in the passenger area and while the driver is consuming or has consumed alcohol
• G.S. 20-140: Reckless driving
• G.S. 20-141(j1): Speeding more than 15 mph over limit or more than 80 mph
• G.S. 20-141(j3): Speeding in a commercial motor vehicle carrying a load that is subject to the permitting requirements of G.S. 20-119 and (i) driving 15 mph or more over the posted speed, or (ii) driving 15 mph or more over the permit speed
• G.S. 20-141.3: Operating a motor vehicle willfully in a prearranged speed competition, or operating a motor vehicle willfully in speed competition, or allowing one’s vehicle to be operated in a prearranged speed competition, or wagering on a prearranged speed competition
• G.S. 20-141.4: Felony death by vehicle, misdemeanor death by vehicle, felony serious injury by vehicle, aggravated felony serious injury by vehicle, aggravated felony death by vehicle, repeat felony death by vehicle
• G.S. 20-141.5: Speeding to elude arrest
• G.S. 20-141.6: Aggressive driving
• G.S. 20-149(b): Improper operation by an overtaken driver causing a collision resulting in serious bodily injury, bodily injury, or property damage
• G.S. 20-157(a), (h), (i): Failing to move over for law enforcement or emergency vehicle giving warning signal, or violating G.S. 20-157 and causing damage to property or injury, or violating G.S. 20-157 and causing serious injury or death
• G.S.20-166(a), (a1), (b), (c), (c1): Failing to stop and remain after a crash resulting in serious bodily injury or death, or failing to stop and remain after a crash resulting in injury, or failing to provide information or render assistance following a crash, or failing to stop and remain after a crash resulting in damage to property or non-apparent injury
• G.S. 20-166.1: Failing to notify law enforcement or other owner following crash, or failing to provide proof of insurance to DMV upon request
• G.S. 20-166.2: Failing, when a passenger in a vehicle involved in a crash, to remain at the scene, or provide information, or render assistance
• G.S. 20-167.1: Transporting spent nuclear fuel without notifying NCSHP in advance

The Gurney Law Firm handles all traffic tickets in Wake County. If you have received a speeding ticket in Raleigh and need a Traffic law lawyer contact us at (919) 930-4027. The Gurney Law Firm handles traffic and criminal defense in Raleigh, Wake Forest, Wakefield, Cary, Apex, Holly Springs, Durham and the rest of the Triangle.

NC Expungement Law: Getting an Expunction of Criminal Record in NC

Expungement in NC: Getting an Expunction of Criminal Record

As an expungement lawyer in Raleigh I get asked by clients how they go about getting their criminal record expunged. Many people who are applying for jobs or graduate school are finding it hard because of their criminal record. The Gurney Law Firm handles expungements for its client’s so they can move on with their life. There is more than one way a lawyer can get offenses off your criminal record, but the most effective and most common is getting an Expungement.

Am I eligible for an NC Expungement of my criminal charge(s)?

Pursuant to the North Carolina General Statutes, people in certain situation are entitled to have specific criminal charges or their whole criminal history expunged. Being eligible depends on different factors including age, guilty or not guilty, case dismissed and/or the type of charge (for example – Misdemeanor, Felony, Drug Charges, Drug Paraphernalia Charges…). To determine if you are eligible to have your criminal charges expunged contact The Gurney Law Firm.

In general you may obtain an expunction under North Carolina Law for:
- Expunctions on basis of age
o Certain misdemeanor convictions for offenses committed before the age of 18 and 21
o Older misdemeanor larceny convictions
o Discharge and dismissal or conviction of certain gang offenses
o Discharge and dismissal of cyber bullying offenses

- Expunction of Dismissals and Similar Disposition
o Dismissal or finding of not guilty of misdemeanors, felonies, and certain infractions
o Charges resulting from identity theft
o DNA records
o After pardon of innocence

- Expunctions of Drug related offense
o Discharge and dismissal of certain drug related offenses
o Finding of Not Guilty or dismissal of certain drug related offenses
o Conviction of certain drug related offenses

How do I get an expungement in North Carolina?

Hire an NC expungement attorney and have them work through the process of eligibility, hearings, paper work and cost. You do have the option of trying to go the pro se rout, but it is not recommended because there is a lot at risk when trying to clean your record and a mistake could be very costly. A good North Carolina expungement lawyer can take you through the detailed process.

What is the effect of a have a criminal charged expunged of my record?

Basically an expungement is supposed to place the person back in the same position as if they were never charged with the crime. So, after an expungement you can legally say that you were never charged with that expunged crime. An order of expungement purges all official state and county records of the incident. All records of the arrest, charge and disposition of the case are erased permanently off your public record. The only record kept is a confidential file by the North Carolina Administrative Office of the Courts (usually called the NC AOC). These confidential files are only able to be seen by Judges of the General Court of Justice for the purpose to see if you have been granted a previous NC Expungement.

What if I am not eligible to get an expungement?

In this case you need to contact an NC Expungement Lawyer who can review your case and explore other options such as reopening your case and or filing a Motion for Appropriate Relief.

After my record is expunged can I say I was never charged with a crime? What about College Applications, Job Application or Apartment Applications?

Yes! If the charge or charges have been expunged then you can legally say you were never charged with the crime. All record of the charge has been wiped clean (except federal agencies like the FBI and a confidential file held by the AOC)

What is the expungement process? How long will it take?

In Wake County the Clerk of Courts office advises that the expungement process can take between 6 and 8 months. This timeline can vary depending on the case. The factors affecting this timeline are the defendant, the expungement lawyer handling your expungement, the County where the charge(s) originated from and the efficiency of the AOC and the SBI.

Every County (all 100 Counties in NC) may handle the expungement process a little differently but in general: The expungement process starts at the county level where the expungement clerk will review, collect fees, check eligibility and process the paperwork. It will then move to the State Bureau of Investigations (NC SBI) for a background check of your criminal history. Records from all 100 counties in North Carolina will be checked. Next the Court will search confidential records to determine if an expungement of your record has been previously done under N.C.G.S. 15A-145, 15A-146 or N.C.G.S. 90-96. Then it will check conviction records on the State and Federal level. Then the case is kicked back down to the county the Order of Expunction was started and upon review a Judge will sing an order directing all public entries related to the expunged offense be purged from the public records. This includes all records by police and the courts. Then the clerk will communicated with the sheriff’s office, police and federal agencies. (It should be noted that each county may handle the expungement process differently).

Why get an expungement of your criminal history in NC?
- Applying to School (Grad School, Law School, Medical School, Business School)
- Applying for jobs
- Getting licensed for different occupations
- Trying to get an apartment
- Applying for student loans (Having drug related offenses on your criminal record can make you ineligible for loans, grants and certain work assistance under the Higher Education Act of 1998)
- Owning a gun or possessing a gun in NC (In North Carolina if you have a felony conviction on your record your rights may be eliminated or extremely limited)
- Working with children (Whether volunteering or employment at a place where you are working with kids may not be possible with certain offenses on your record)
- Adopting children with a criminal history can be hard if not impossible for some people

A Raleigh Expungement lawyer will often hear their clients ask…. Can I get an expungement? How do I get this charge off my criminal record? If you have question about an expungement you should contact a Raleigh Criminal Lawyer like Eric Gurney.

The Gurney Law firm is a criminal defense firm in Raleigh, NC. We handle all criminal matters (Serious felony and misdemeanors) and expungements. If you need a criminal lawyer in Raleigh, Durham, Cary, Fuquay-Varina, Apex, Knightdale or Wake Forest contact criminal defense attorney Eric Gurney. If you need a lawyer that handles expungements contact us at (919) 930-4027.