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Questions Answered by Kristen Dewar
2 Answers | Asked in Traffic Tickets for North Carolina on
Q: My girlfriend got pulled over doing 90 on a 60 and has never been in trouble. What should she do about this situation?

We got pulled over in Haywood county where she was going 91 on a 60 mph interstate road. She has never been pulled over or gotten in trouble at all. I was wondering what the best case scenario would be for her to do to either get it dismissed or at leased dropped down to nothing but fines, so that... Read more »

Kristen Dewar
Kristen Dewar answered on Jan 16, 2018

You guys should hire a local attorney to represent her on this ticket. It is not likely to be dismissed, especially with this high speed. It is exceedingly rare that speeding tickets are just dismissed in NC. Depending on her driving record, she may be able to get a reduction, but this is a high... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: A Case Dismissed, Future Jobs at Risk?

Someone has a case over a domestic issue, when really it is not anything but overreacted people and emotions. The case is supposed to be dismissed from too many continuations of "victim" not showing. For the defendant who has no criminal history, if this case is removed, does she have to... Read more »

Kristen Dewar
Kristen Dewar answered on Jan 10, 2018

Generally, dismissed charges do not appear on a commercial criminal background check typically run by potential employers.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: What will happen if I'm on probation for a misdemeanor and get a citation for expired registration but engine light Is

On And tag is a year old but I'm not able to afford to get car fixed before court date?

Kristen Dewar
Kristen Dewar answered on Jan 10, 2018

Well, Expired Registration is a Class 3 misdemeanor in NC, and if you're on probation in NC, a possible conviction on a Class 3 misdemeanor while on probation *ALONE* is not enough to revoke your probation. You may be able to ask for a continuance at your court date, and put it out a few... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I have an unpaid speeding ticket of $60 in NC which is now $440 because of penalty. Any chance of paying less than $440?

I have moved out of the NC and never received a notice to new address. I came to know about this in Florida DOT while renewing my licence. I thought I paid the ticket but figured out that the online payment didn't go through. Please help

Kristen Dewar
Kristen Dewar answered on Jan 10, 2018

It may be possible to pay less than that, but we would need more facts, especially which county you received this ticket in. You would also need to hire an attorney to take care of this for you, as it would require a court appearance.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Under what circumstances can a 90-96 be used twice, if any?
Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

You can only receive 1 90-96.

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: If a citation is issued in NC, but the officer names the wrong defendant can the ticket be dismissed?

I mean all the information is incorrect for defendant - a totally different person, address, but vehicle info is correct

Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

Generally the State can amend the charges with a statement of charges after the fact; what do you mean by the wrong defendant? If it's a spelling error or your middle name was used instead of your first name, these are not fatal errors resulting in dismissal.

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1 Answer | Asked in Criminal Law for North Carolina on
Q: My wife didn't take charges out but the deputy that came did. After say there was nothing he could do. My wife doesn't

Want the charges on me. I haven't been served yet is there anyway to get them dropped without me being served and going to jail

Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

No, there isn't. It will need to play out.

1 Answer | Asked in Criminal Law, Civil Litigation and Juvenile Law for North Carolina on
Q: My 17yr daughter was caught shoplifting and we were never called isnt that required since she is a minor?

She was caught merchandise returned undamaged and noone contacted us. We werent made aware until legal letters came stating we were being held civilly liable for her actions. If I wasnt aware and she wasnt with us and we didnt even get a call about it how are we responsible? She asked if they were... Read more »

Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

1) In NC, 17 year olds accused of crimes are currently still charged and treated as adults, so there is no requirement for anyone to contact you if your 17 year old daughter is charged with a crime. This does not fall into Juvenile Law, as in NC, your daughter for the purposes of criminal law, is... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: can i request more time to get insurance because of unemployment and reset court date?
Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

You will likely be able to request a continuance at your next court date, and the judge will likely grant that.

1 Answer | Asked in Car Accidents and Traffic Tickets for North Carolina on
Q: I got a ticket for driving with bad tags, well the car was wrecked and is a loss so what do i do now that the car isn’t

Drivable

Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

Get a letter from your insurance company or mechanic stating that the car is a write-off and has been junked, and present that letter in court. The ticket will likely be dismissed if you can present this kind of documentation.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: 2 speeding tickets in one day. Both for 69 in 55 limit. What should I do? Can I take driving classes for both? Should I?
Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

You should contact an experienced local traffic attorney in the county or counties where you were charged in order to discuss your options. You should not assume you can take driving classes - different district attorney's offices have differing policies as to whether they even accept... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for North Carolina on
Q: Had a ticket10 years ago got sick never renewed them is that ticket still on my record if I'm in a different state
Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

This question is a bit confusing, would definitely need more information or for the question to be clarified to give you a real answer. And if the ticket is from a different state, you should probably forward this question to the Justia board for that state.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I recieved a ticket for riding without a helmet.

If i pay the ticket including the court costs associated do i need to appear?

Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

No, if you pay the ticket, you do not need to appear. I still suggest contacting a local traffic attorney in the county where you were charged to see if paying this ticket without looking for a possible reduction or consideration is truly in your best interest.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I have had insurance since October 4,2017. I got pulled over on 12/03/2017 for no insurance what do I do?

I had an old policy that I cancelled on 8/01/2012 because I had paid the premium. Of $200+. I had to get a new policy in October on the 4. I got pulled over on 12/03/2017 saying I had no insurance since August and my tag was taken. I recieved my property tax papers dated on 11/27/2017 saying I had... Read more »

Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

I would bring all paperwork stating that you did have insurance as of October with you to court, and show that to the Assistant District Attorney. They may dismiss the ticket if you can show you actually did have insurance when you were pulled over.

1 Answer | Asked in Criminal Law for North Carolina on
Q: I asked my court appointed counsel to attain my case discovery and its been six months and still nothing what do I do?
Kristen Dewar
Kristen Dewar answered on Jan 4, 2018

The DA's office may be the cause of this delay. I wouldn't immediately assume that it was due to your attorney. I suggest contacting your attorney to follow up.

1 Answer | Asked in Criminal Law for North Carolina on
Q: My wife has an 18 year old drug charge that we would like to have expunged.

This happened while she was driving a friend who was in possetion and she was charged also. The only other thing on here history is a misdemor check charge from 30+ years ago. How do we go about removing this?

Kristen Dewar
Kristen Dewar answered on Dec 20, 2017

Your wife would be eligible to expunge the drug charge. Contact an attorney in the county where she was charged to verify eligibility.

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I press charges against someone f I don't go to court will I get a failure to appear if I'm the one who press the charge
Kristen Dewar
Kristen Dewar answered on Dec 16, 2017

No, you won't get a failure to appear as the prosecuting witness. If the defendant doesn't appear, he or she would be subject to a Failure to Appear/Order for Arrest.

1 Answer | Asked in Traffic Tickets and Consumer Law for North Carolina on
Q: I got a ticket for aiding and abetting cause I let someone drive my car under age. Will that raise my insurance price
Kristen Dewar
Kristen Dewar answered on Dec 16, 2017

This ticket is a misdemeanor as well - insurance is one thing, but this charge is also criminal. Contact an attorney in the county where you were charged to represent you.

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