Teens & Traffic Tickets

Last week was National Teen Driver Safety week, a week designated to remind us what we already know- the dangers of teen driving. I have represented many recently licensed teenagers who were involved in crashes, issued speeding tickets or cited with violating restricted license provisions.

It is important to understand the graduated license requirements in North Carolina. Shea Denning recently did an excellent summary in the NC Government blog. While your teenage driver may not remember their algebraic formula for the SAT, most teenage drivers I speak to can tell you exactly when, where and what time they can drive when they turn 16. The issue becomes whether they abide by the requirements. Many times young drivers were not engaging in reckless behavior when cited. Often they were only driving home from a babysitting job or a person's house. As a defense attorney handling these cases, it is important to separate these cases from the cases where reckless and careless behavior was engaged in.

Many parents ask if they should immediately enroll their teen in traffic school after receiving a traffic ticket or other traffic violation. I am often asked about Brakes traffic school in Mecklenburg County. Talk to an attorney first. Each case is different. As an attorney who handles traffic cases, I want to see the teen's driving record, speak to the driver, know how many family members are on the insurance policy and understand the circumstances around the case. Often overlooked is the teens performance in school. This is very helpful when negotiating a case.

Putting your teen behind the wheel likely ranks in the top three most anxious moments for parents. If the teen is then cited with a traffic ticket, it becomes extremely stressful for families.  As an attorney who works with teen drivers and parents regularly in North Carolina, there is often avenues that can be pursued which would prevent a license revocation or insurance increase. Talk to an attorney before going to court.

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Traffic Tickets and Fishing Expeditions

fishing expedition

noun, Informal.

1.  legal proceeding mainly for the purpose of interrogating an adversary, or of examining his or her property and documents, in order to gain useful information.

2.any inquiry carried on without any clearly defined plan or purpose in the hope of discovering useful information.

 dictionary.com

Nearly everyone has received a traffic ticket. Almost everyone has gone fishing. Are the two mutually exclusive? Not in criminal law.

Police officers give hundreds of traffic tickets. In North Carolina, State Troopers give thousands. What police agencies cannot do during a traffic stop is go on a "fishing expedition." An officer can issue a traffic ticket. However, once that ticket is issued, an officer may not continue the contact with the driver or passenger to investigate issues that were unrelated to the initial reason for the stop.

The US Supreme Court issued a substantial ruling this week in Rodriguez v. United States.

In Rodriguez, the defendant was initially stopped by a police officer for veering onto the shoulder of a state highway in Nebraska. After the officer did a license and warrant check on both the driver and the passenger came back clean, the officer issued a warning ticket to the driver. The officer then asked the driver for permission to allow his "drug dog" sniff around the vehicle. The driver did not consent to this search by the dog. Seven or eight minutes later a second officer arrived, dog sniff search was conducted and methamphetamine was discovered. UNC School of government wrote an excellent summary of the case here.

The Court ultimately held that an officer cannot extend a traffic stop beyond the time necessary to complete the "mission" of the stop; specifically, the time to "address the traffic violation that warranted the stop.. and attend to related safety concerns." A police officer's authority to detain a driver and his vehicle ends when the issues tied to the traffic infraction are completed or reasonably should have been completed. An officer cannot, as dictionary.com correctly defines, carry on a "fishing expedition" in the hope of discovering information.

Police officers will continue to use traffic stops as gateways to conduct full investigations.  However,  this important Supreme Court ruling will require police officers to justify their continued contact. True transparency will take place when all officers are equipped with cameras/voice recorders. Only then will we know the true extent of the expedition.

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Should I Take Traffic School Before My Court Date?

Traffic school can be both a good and unnecessary option when you have received a speeding or other traffic violation. Confusion over this choice seems worth clarifying, since my office frequently receives calls regarding this subject.

The question begins when drivers in Mecklenburg County, or within the Charlotte area, receive a speeding ticket. During the traffic stop, the citing police officer suggests attending traffic school prior to the court date.

Traffic school can be required in some situations but not in the majority of traffic violations. For example, sometimes the District Attorney will require traffic school for a speed reduction. Other judges may require traffic school before a Prayer for Judgment (PJC) is granted.

Additionally, there are several different types of traffic school:

• 4 hour (green school)
• 8 hour (red school)
• Alive at 25 for younger drivers, and recently added
• "Behind the Wheel" traffic school where drivers complete parts of the class in vehicles. This new course is geared toward younger drivers who are historically higher risk drivers.

However, the majority of drivers who received a traffic ticket will not need to take traffic school. For example, drivers with good driving records or cited speeds slightly over the speed limit may not have to take traffic school.

A police officer is neither an attorney nor a judge. While perhaps meaning well (knowing full well that you are upset having received the speeding ticket), the officer issuing the ticket should not be giving legal advice during a traffic stop.

An attorney can be helpful in defining how each driver may best respond to the issuance of a traffic ticket.

For more information about traffic school in Mecklenburg, Gaston and Union county, click here.

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Do I Have To Come To Court For My Traffic Ticket?

Question: Do I need to come to court for my traffic ticket?

Police Officers issue hundreds of tickets daily in Charlotte. If the speed is over 15 mph, the police officer will likely state "Your appearance is mandatory. You can't pay this ticket online."  

However, most traffic tickets can be handled by an attorney without the defendant coming to court. NCGS 7A-148 acknowledges the necessity for courts to operate efficiently. As such, the North Carolina court system has a specific list of traffic tickets that can be resolved by an attorney without the client being present. A simple one page waiver signed by the client is sufficient for the court. 

The Law Office of Carilyn Ibsen is familiar with this process. Clients are very relieved to hear that they will not need to take a day off work or travel from another state to have their ticket resolved. Many times these tickets can be resolved with an outcome that prevents any insurance increase. 

Charlotte Traffic Ticket Updates Provided By The Law Office of Carilyn Ibsen PLLC (888)543-2427