Traffic Attorney in Raleigh

October 22, 2011 by  
Filed under Traffic Law

Traffic Attorney in Raleigh

If you got a traffic ticket or DWI in Raleigh, Wake Forest, Garner, Apex, and Cary or anywhere in Wake County you should contact The Gurney Law Firm at (919) 930-4027.  Traffic offenses are the most common charge given by police… But they have serious consequences if they are not handled properly.

A simple wake county speeding ticket can seriously raise your car insurance rate.  A DWI is even worse.  It is important to work with a traffic attorney in Raleigh.  Being found guilty on a traffic offense can cause your insurance to go up between 25% and 400%.

If you have been charged with a traffic offense in WakeCounty I urge you to contact The Gurney Law Firm at (919) 930-4027.  Mr. Gurney is a traffic attorney in Raleigh and is available to talk to you about your case.

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

October 18, 2011 by  
Filed under 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 in North Carolina:

  • 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


Fight Your Speeding Ticket

October 17, 2011 by  
Filed under Traffic Law

Pretty much everyone I know has received a speeding ticket at some point in their life. Speeding tickets in Wake County are very common and happen to people in all walks f life.  But what do you do if you get one? A simple speeding ticket can end up costing you a lot if it’s not handled correctly.Your first step should be to consult an attorney who handles traffic law.  Here at The Gurney Law Firm we handle Wake County traffic tickets with due diligence and understanding.  It is important to understand the impact traffic tickets can have on your license and your insurance.

Contact The Gurney Law Firm if you have received a speeding ticket or DWI in Wake County and let us help.  The Gurney Law Firm serves all of Wake County including Raleigh, Durham, Apex, Cary, Wake Forest, Rolesville, Zebulon, Holly Springs, Garner, Morrisville, Wendell, Knightdale and Fuquay-Varina.

The Gurney Law Firm has experience with Traffic Violations, Speeding Tickets and Moving Violations. Let us fight and negotiate for you to minimize your exposure to license and insurance points. In many traffic cases we can represent you in court without you having to appear.

  • Speeding Tickets
  • Careless and Reckless Driving
  • DWI / DUI
  • Failure to Change Address
  • Expired or No Registration
  • DMV Hearings
  • Limited Driving Privilege
  • Driving While License Revoked
  • No Operator’s License
  • Failure to Wear a Seatbelt
  • Speeding
  • Speeding in a Work Zone
  • Speeding in a School Zone
  • Fail to Avoid Accident
  • Prayer for Judgment
  • All Other Traffic Charges

It is worth your time and money to contact an attorney.  Let us know if you we can help (919) 930-4027.

Social Security Disability in North Carolina

Social security disability law is a very interesting and complex area of law… It is so complex that some people feel more comfortable hiring a lawyer to guide them through the process.  One of the reasons for this is because when you want to file a claim you must deal with the federal government and dealing with them can get frustrating (i.e. dealing with the IRS, Post Office… and the dreaded DMV!).

Social Security Disability benefits are handled by the Social Security Administration.  This is a federal agency that is governed by the Social Security Act and Regulations.  You can visit their site on disability here at

Social Security Disability benefits were put into place to help people and families when they are unable to work because of a physical
or mental condition that will last for at least one year or cause death.  The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security.  Check this link for the Social Security Disability calculator to see how much you might expect if you win

What does it mean to be disabled according to the Social Security Administration?  Here is their definition…

“Disability” under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

  • You cannot do work that you did before;
  • We decide that you cannot adjust to other work because of your medical condition(s); and
  • Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability.

Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings and investments.

When working with an attorney or filing for benefits on your own it is important to remember a few things…

  1. Make sure you have a basic understanding of what you need to apply and the process… do your homework or call an attorney to assist you (visit the link provided above for info from the SSA).
  2. No benefits are payable for partial disability or short term disability.
  3. Social Security pays for only total disability.
  4. It is important to file a claim as soon as you become disabled.
  5. If your claim is denied then appeal it!
  6. If you have any questions call The Gurney Law Firm at (919) 930-4027.

Wake County Speeding Tickets… To Pay or Not Pay?

October 12, 2011 by  
Filed under Traffic Law

Wake County Speeding Tickets…….. To Pay or Not Pay?

Every day in North Carolina, thousands of people across the state, are pulled over by the police and given traffic tickets. Here in Wake County some of the most common traffic offenses are Speeding, Driving While License Revoked and DWI. Once you receive a ticket you should contact an attorney and see if they can resolve your issue with minimal damage to your driver’s license and your auto insurance rates.

Traffic violations carry the threat of increased insurance points and license points. The goal of any good traffic law attorney should be to minimize your exposure to these points and see that the client receives quality representation.

For some of the more minor charges, i.e. speeding, the defendant has the option to just mail in a check and plead guilty to the charge. Unfortunately some people do this and waive there right to challenge the traffic violation. People do this because they don’t understand the true cost a guilty plea has or they just don’t want to deal with it. Some may think that they are saving money by not hiring an attorney but in the long run it can cost you so much more. In many cases a guilty plea on a traffic violation can result in your insurance rate going up 25% to 400%. And this increase can last up to 3 years!

In addition to receiving insurance points (which make your insurance rates higher) you are at risk of getting license points. Points on your license can lead to your driver’s license being revoked.

If you have been charged with any traffic offense please call The Gurney Law Firm at (919) 930-4027 and see how your traffic charge can be resolved best.