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Questions Answered by Kristen Dewar
1 Answer | Asked in DUI / DWI for North Carolina on
Q: What is the time frame for Habitual DWI? ie. Is it 3 DWI's in 7 years or 10 years?
Kristen Dewar
Kristen Dewar
answered on Feb 28, 2018

As per N.C. General Statutes §20-138.5, the time frame is 3 or more prior DWIs within 10 years of the date of a new DWI charge.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a parking ticket in a no parking anytime zone where there are two signs contradicting each other. Can I fight it?

First of all, there is a no parking one way sign pointing to the right and I parked on the left of the sign. On the other side, the left side, there is a no parking anytime sign about a car length an a half away from the first sign. Can I fight the ticket for that? A couple other points to go along... View More

Kristen Dewar
Kristen Dewar
answered on Feb 28, 2018

A parking ticket? Those usually have the ways to appeal them written on the back of the ticket, or online on the company's/city's website. You may be able to appeal it based upon the conflicting signs.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: What happens if you get a speeding ticket for doing 80 in a 60 and have a permit and it’s the first time
Kristen Dewar
Kristen Dewar
answered on Feb 28, 2018

If you received this ticket in NC, what will happen depends upon your driving record, and the policies of the District Attorney's Office in the county where you received the ticket. Best advice is to contact an experienced traffic attorney in the county where you've been charged who can... View More

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: I have 2 speeding tickets, from 2 different officers, going nomore than 15mph over for both. Best way to beat them?

best way to beat the tickets without points on my license or insurance.. also, my court dates for both tickets are on the same day, could I reschedule the court date so that my chance of the officers not showing will increase? Hellpppp!

Kristen Dewar
Kristen Dewar
answered on Feb 20, 2018

The best way is to hire an experienced traffic attorney to handle these tickets for you. And the "officer not coming to court" is not really a reliable way to get a dismissal on a traffic ticket in NC. Depending on the county, the officer isn't even required to be present at your... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets and Federal Crimes for North Carolina on
Q: Hi I am a British citizen serving in the Royal Marines commandos

In October I was caught speeding on route to Charlotte NC. I was charged with 2 offences ( speeding and speeding which could endanger persons/property)

My court date was in January however as I am in the UK and away on deployment I did not attend. I also didn't have a lawyer to... View More

Kristen Dewar
Kristen Dewar
answered on Feb 14, 2018

If you received that ticket in Charlotte, from the sounds of it, it is more likely that a Failure to Appear has been issued. Mecklenburg County doesn't typically issue Orders for Arrest for tickets like yours. Basically, your driving privileges in NC are indefinitely suspended.

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Trying to pay old fines, I was told I would have to come and appear infront of the DA mecklenburg county whats that mean

My licenses is currently revoked because of fines in another state which I am currently paying off as well if I i can remember correctly I have missed a court date in Mecklenburg county for a speeding ticket however past fines I have been able to pay off the fact that when I called to inquire about... View More

Kristen Dewar
Kristen Dewar
answered on Feb 6, 2018

If you missed a court date in Mecklenburg County for a speeding ticket, you likely have a Failure to Appear, which is not like an Order for Arrest. I would advise you to contact an experienced traffic attorney in Meck who can add that ticket back on the docket for you, and handle the Failure to... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a speeding ticket today for going 24 over in a 55,I think I have 3 pts on my DL, will my DL be suspended? lawyer?

I’m not sure about having 3 points on my DL already so don’t quote me, would it be worth hiring a lawyer?

Kristen Dewar
Kristen Dewar
answered on Feb 1, 2018

You definitely need to contact an experienced traffic attorney in the county where you received that ticket. Don't handle it yourself.

1 Answer | Asked in Criminal Law for North Carolina on
Q: In NC can a 15 yr old female be arrested, charged for assault and battery with property damage? How can we protect him?

My nephew is 17 his ex girlfriend is 15 so far she has assaulted him at school ( slapped him 18 times and spit in his face) she was suspended from school, a few weeks ago. Just today she assaulted him in a mall parking lot, punching him, pulling him out of his vehicle, slapping and punching him... View More

Kristen Dewar
Kristen Dewar
answered on Feb 1, 2018

Yes she can be charged, but since she is under 16, she will be tried as a juvenile. You should be able to go through the usual channels in order to press charges.

1 Answer | Asked in Criminal Law for North Carolina on
Q: How can I find out what is going on in a nc criminal case if I have my court case number? (Accurate free information)

I did a search and found this (Court Disposition, Dismissal With Leave). What exactly does that mean? Please help me! Thanks in advance.

Kristen Dewar
Kristen Dewar
answered on Feb 1, 2018

Dismissed with Leave usually means that you failed to appear in court, and enough time passed that in order to move the case off the active court docket, the case was marked as Dismissed with Leave. The "with leave" part means that the District Attorney's Office has the ability to... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I was changed with expired tags and no insurance 2 yrs ago and now I have a no license ticket, how do i handle this

I've missed my court date too.

Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

Hire an experienced traffic attorney to handle this for you. Sounds like you have a Failure to Appear on that old ticket that's likely suspending your driving privileges. They will put together a plan, and will help get that old ticket back on the docket, and handle the new no license charge.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I received a citation for speeding 52 in a 35. My court date was set for December 14, 2017. I did not go to court on

that day because my daughter had my first grandchild, I filed a motion and it was allowed. Now my new court date is coming up. I want to have my speed reduced or dismissed. The ticket stated I had a CDL A license. When a Officer in NC signs a citation what is his signature meaning?

Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

It is rare that a speeding ticket is dismissed, but reductions are usually done, but that depends on the rate of speed and the policies of the county's District Attorney's Office. If you have a CDL, that will limit the types of resolutions possible. Not sure what you mean by the signature... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a ticket for expired tags court day feb 28th , but I plan on letting the car go back before then .What should I do
Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

If you mean you won't own the car anymore by the court date, you can bring documentation of such to the court date (junk receipt, bill of sale, etc.), and show it to the assistant district attorney. They'll likely dismiss the charge if you can show you no longer own the car.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Son is scheduled for basic training in 8 days. Got a ticket last night. Can this be resolved this quickly?

The ticket was for reckless driving. Was sitting at a stoplight, kissing a girl. Light turned green and he did not take off.

Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

The ticket can be resolved quicker - an attorney could have the case moved up, or some counties participate in the online system to request reductions to tickets online before the court date. But given the nature of the charge, I recommend hiring an experienced attorney to handle this ticket for... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Daughter got 1st speeding ticket 41 in 25. She is so upset. Does she go to court and see if they will drop pts
Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

41/25? Sounds like that might be also in a School Zone. She should hire an experienced traffic attorney to handle that ticket for her. If this is her first ticket, an attorney will likely be able to get her a good reduction that will minimize insurance points. The possible reduction also will... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for North Carolina on
Q: My girlfriend wrecked my car after lending it to her, I received a ticket and was not even there? Is this legal?

She went to the bar with some friends which I had no idea she was doing and left intoxicated, she flipped my car and hit two mailboxes. She not only received a ticket from the officer but so did I? How is this legal?

Kristen Dewar
Kristen Dewar
answered on Jan 31, 2018

I need more information, like what were you charged with on your citation?

3 Answers | Asked in Traffic Tickets for North Carolina on
Q: Can I fight a speeding ticket over 30? They didn’t get me with a radar gun or anything
Kristen Dewar
Kristen Dewar
answered on Jan 19, 2018

It's not usually worth your time to fight a speeding ticket (e.g., have a trial) - and they don't have to have a radar gun to find you guilty of speeding over 30mph over the speed limit. Judges will rely on the officer's training and experience to determine how fast you were driving.... View More

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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: What can I do for this traffic violation?

I received a citation regarding a violation, where I accelerated at an intersection with yellow turning to red and by the time I started crossing, it was already red. There was already a huge truck that was turning left along with me in the parallel lane but I was charged with the violation. I am... View More

Kristen Dewar
Kristen Dewar
answered on Jan 19, 2018

I recommend hiring a traffic attorney who practices in Wake County; you do have options here, particularly with a record like yours. I don't recommend just paying that ticket.

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I had recently got a ticket for my tags being revoked, what do I show at my court apperance?

On my citation it says " CANCL/REVOK/SUSP CERTIF/ TAG

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

If you've had your tags corrected since you got that ticket, bring your updated registration card with you to court and present it to the Assistant District Attorney. If you haven't fixed the tag, I would ask for a continuance at your next court appearance, and let them know that you need... View More

3 Answers | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: The officer said to bring a letter from the insurance company when I went to court, but I don't know what letter I need.

The ticket is for failing to maintain my lane. I hit a guard rail and totaled my car, but no other vehicles were involved. The state trooper said that if I brought in a letter from my insurance company, the ticket would probably be dismissed, but I have no clue what letter that would need to be.

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

Contact your insurance company, and ask them for a letter confirming that your insurance company is covering the financial costs of your accident. They are very familiar with these types of letters; they issue them all the time. Bring that letter with you to court, and the ticket will likely be... View More

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: It's been 3 yrs since I received my first DUI. I haven't been charged in court yet. Loosing my license for a year,

Would the judge just give me time served since it's been 3 yrs

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

You've had a pending DWI for 3 years? Sounds like you should be speaking with an attorney regarding your case - you have what we call a Turner issue. There is some current litigation concerning the statute of limitations that the State has to prosecute people charged with misdemeanors, like... View More

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