Questions Answered by Amanda Bowden Houser

Q: Received my first citation ever officer said he clocked me at 97 in 65 limit . i was charged with speeding and reckless

2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Answered on Feb 15, 2019
Amanda Bowden Houser's answer
Bite the bullet and hire a local traffic attorney. You don't need F. Lee Bailey for a traffic ticket - not even for 30+ over & C&R. So just pick the cheapest attorney out of the many solicitation letters you received and roll with that. Oh, and stop speeding! Even if your speedometer was completely broken, at 30+ over - you knew you were going too fast.

Q: How can I go about getting visitation without a laywer?

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 13, 2019
Amanda Bowden Houser's answer
The best way to handle it is for her to do right and work with you to allow visitation that doesn't come with strings attached in the form of control or lectures - that's free for both of you. However, since she is likely not going to do right - the next best thing is for you to hire an attorney and force her to do right. Since she can not afford an attorney, it shouldn't cost you too much to put her in her place.

Q: My husband had a DUI 10 years ago, he never paid the fines or took the classes. What’s the next step to get his license?

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Feb 13, 2019
Amanda Bowden Houser's answer
There is no next step. He has to comply with what the Court ordered or he will likely never get his license back.

Q: I signed a loan for my husband to get a car. It’s in my name. We are currently separated and seeking divorce.

1 Answer | Asked in Divorce for North Carolina on
Answered on Feb 10, 2019
Amanda Bowden Houser's answer
Yes, if he refinances in his name or the loan is paid off. Otherwise - no.

Q: My passenger side view mirror is broken , in the state of Nc how much of a ticket would it be if I got pulled over ?

1 Answer | Asked in Traffic Tickets and Car Accidents for North Carolina on
Answered on Feb 6, 2019
Amanda Bowden Houser's answer
You'd likely get a warning (unless you are a jerk to the stopping officer). If ticketed it'd likely be for Improper Equipment - about a $263 ticket.

Q: My son's father was written out of work by a doctor. He went before the judge and got support owed for my son suspended.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 6, 2019
Amanda Bowden Houser's answer
Apparently a doctor disagrees with your assessment that he can work despite the video of him 4 wheeling.

As to what you can do - you can hire an attorney but there is no guarantee it would pay off for you in the end. Wish I had better news. Best of luck.

Q: Can the traffic citation be transferred to the local court in a different state?

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Feb 5, 2019
Amanda Bowden Houser's answer
You should never pay off a ticket - even if you are allowed to do so. Lucky for you your ticket is likely a criminal traffic citation which prevents you from doing what dum dum's do which is simply pay it off. And of course you can not transfer a traffic ticket to a court closer to you for your convenience. Just hire a traffic attorney in the area where you got the ticket and be done with it. If your address on your ticket is correct, you should get a crap ton of letters from local traffic...

Q: There is a warrant out for my arrest for failure to appear in 2013 that is preventing me from getting my license back

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Feb 4, 2019
Amanda Bowden Houser's answer
I am concerned that you don't know what to do in this situation and yet could still potentially be licensed to drive. When you have car trouble - you call a mechanic. When you have legal trouble (and this is most definitely legal trouble) - you call an attorney. In your case a traffic attorney in the area where you got the tickets. Best of luck.

Q: Divorced by default less than 1 year husband never moved out during separation and we never notarized separation agreeme

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 3, 2019
Amanda Bowden Houser's answer
If you got divorced without being separated for one year, then you and / or your spouse likely committed fraud and possibly felony perjury. While a separation agreement is required to be notarized to be valid in North Carolina, there is no requirement that you have a separation agreement at all. So unless you asked for and were granted equitable distribution in your divorce (which is likely fraudulent) - you now are likely not entitled to anything and are barred from any further remedy other...

Q: Is it illegal to make a right turn on red at a railroad stopping when no sign indicates the contrary and no train

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for North Carolina on
Answered on Feb 2, 2019
Amanda Bowden Houser's answer
In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.

Q: I was recently caught speeding doing 60 in a 35

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Jan 29, 2019
Amanda Bowden Houser's answer
You hire a local traffic attorney. If the address on your ticket is correct you will likely get a crap ton of letters from traffic attorneys. You do not need F. Lee Bailey for a traffic ticket so pick the cheapest one and roll with that.

Q: Is it appropriate to file 12B6 in a divorce from bread and board? Filed for PSCS but still living in the home w/chldrn

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Jan 28, 2019
Amanda Bowden Houser's answer
You need an attorney, as how you are describing things makes no sense. If your are living together and she has filed a divorce from bed and board - she is essentially asking the court to kick you out. And if you don't hire an attorney ASAP she may very well prevail.

Q: NC Elective Share calculation - Can someone explain the calculation in layman terms?

2 Answers | Asked in Estate Planning, Family Law and Probate for North Carolina on
Answered on Jan 25, 2019
Amanda Bowden Houser's answer
Essentially, a deceased person could have taken any number of incredibly simple steps legal and / or illegal to ensure his or her surviving spouse gets absolutely nothing upon his or her death but cutting the surviving spouse out of a will is not one of them. So if the surviving spouse is domiciled in NC and finds they have been cut out of or inadvertently omitted from a will, the surviving spouse is allow to claim an "elective share" as set forth in simple layman terms directly in NCGS §...

Q: Does a lawyer have to draw up a will in nc can you hand write your own and have it notarized

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 25, 2019
Amanda Bowden Houser's answer
A holographic or handwritten will is valid in North Carolina. All that is required is that the testator be at least 18 and of sound mind and that the will be entirely handwritten and signed by the testator - no witnesses or notary are required (but they are recommended). It is not recommended that you do a will this way as it is just an complete invitation for disaster but it is allowed by state law.

Q: The person I hit called the cops after we exchanged information and now I’m getting a ticket!

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Jan 17, 2019
Amanda Bowden Houser's answer
Yes, it can. Which is why you should have called to police yourself at the scene. If the FRSAA is all you get charged with it will likely get dismissed if you can show proof that your insurance company covered the other person's damage. In the future - trust no one.

Q: Termination of parental rights in nc

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 16, 2019
Amanda Bowden Houser's answer
Do you have a question?

Q: how can I file for visitation without a lawyer?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 13, 2019
Amanda Bowden Houser's answer
If you can afford to pay child support you can afford to have an attorney help. Ms. Averett has provide an excellent suggestion. One thing is for sure, you may have to prove yourself to a Judge but you do not have to prove yourself to the mother - she does not get to dictate or control what visitation you are allowed with your child unless you allow her to do so. Best of luck.

Q: I would like to know my rights for a divorce.

2 Answers | Asked in Divorce and Family Law for North Carolina on
Answered on Jan 12, 2019
Amanda Bowden Houser's answer
You need to be separated for at least a year to be eligible for divorce in NC. At this point you likely need to consult with a local family law attorney who can review your situation in more detail and lay out your options for you. Best of luck

Q: Will I be able to get emancipated? Do I have any other options on what I can do?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 3, 2019
Amanda Bowden Houser's answer
You do what most every other teenager has done since time immemorial - keep your head down, your mouth shut and your nose clean (figuratively speaking) and respectively muddle through til you are 18 and then you can do whatever you want. If you want to go the emancipation route, you have to prove to a Judge that you are the equivalent of a mature self sustaining adult - something you very likely are not able to do (nor likely will be at 18 either).

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