SPEEDING FINES, etc.

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l.   Speeding Fines Chart
ll.  Schedule of Points for Traffic Violations (non-commercial vehicle)
lll. Schedule of Points for Traffic Violations (commercial vehicles)
IV. Minor Traffic Violation (MTV) Court
V. Ignition Interlock System Information
VI. Vehicle Seizure Law - Owner Release Process
VI. North Carolina Department of Motor Vehicles

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SPEEDING FINES CHART

In addition to the fines listed below, court costs (currently $100.00) will be assessed for each speeding violation.

This is the speeding fines chart for the 30th Judicial District of North Carolina. I am uncertain about it applicability in other districts within the state.

Effective October 1, 2002, court costs have changed from $90.00 to $100.00.

For a list of traffic offenses for which court appearance may be waived, click here.
For a list of traffic offenses for which court appearance is mandatory, click here.

For each mile over 45 miles per hour (over the posted speed limit) add an additional $10.00 to the fine of $150.00.

CHEROKEE l CLAY l GRAHAM l HAYWOOD l JACKSON l MACON l SWAIN

G.S. 20-16(c) - ASSESSMENT OF LICENSE POINTS 

(c) The Division shall maintain a record of convictions of every person licensed or required to be licensed under the provisions of this Article as an operator and shall enter therein records of all convictions of such persons for any violation of the motor vehicle laws of this State and shall assign to the record of such person, as of the date of commission of the offense, a number of points for every such conviction in accordance with the following schedule of convictions and points, except that points shall not be assessed for convictions resulting in suspensions or revocations under other provisions of laws: Further, any points heretofore charged for violation of the motor vehicle inspection laws shall not be considered by the Division of Motor Vehicles as a basis for suspension or revocation of driver's license: 

Schedule of Point Values  (non-commercial)

Passing stopped school bus .............................................5 
Reckless driving .......................................................4 
Hit and run, property damage only ......................................4 
Following too close ....................................................4 
Driving on wrong side of road ..........................................4 
Illegal passing ........................................................4 
Running through stop sign ..............................................3 
Speeding in excess of 55 miles per hour ................................3 
Failing to yield right-of-way ..........................................3 
Running through red light ..............................................3 
No driver's license or license expired more than one year ..............3 
Failure to stop for siren ..............................................3 
Driving through safety zone ............................................3 
No liability insurance .................................................3 
Failure to report accident where such report is required ...............3 
Speeding in a school zone in excess of the posted school 
zone speed limit .........................................................3 
Failure to properly restrain a child in a restraint or seat belt .......2 
All other moving violations ............................................2 
Littering pursuant to G.S. 14-399 when the littering 
involves the use of a motor vehicle ......................................1 

CHEROKEE l CLAY l GRAHAM l HAYWOOD l JACKSON l MACON l SWAIN

Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle 

Passing stopped school bus ............ 8 
Rail-highway crossing violation ............ 6 
Careless and reckless driving in violation of 
G.S. 20-140(f) ............ 6 
Speeding in violation of G.S. 20-141(j3) ............ 6 
Reckless driving ............ 5 
Hit and run, property damage only ............ 5 
Following too close ............ 5 
Driving on wrong side of road ............ 5 
Illegal passing ............ 5 
Running through stop sign ............ 4 
Speeding in excess of 55 miles per hour ............ 4 
Failing to yield right-of-way ............ 4 
Running through red light ............ 4 
No driver's license or license expired more than one year ............ 4 
Failure to stop for siren ............ 4 
Driving through safety zone ............ 4 
No liability insurance ............ 4 
Failure to report accident where such report is required ............ 4 
Speeding in a school zone in excess of the posted school 
zone speed limit ............ 4 
Possessing alcoholic beverages in the passenger area of 
a commercial motor vehicle ............ 4 
All other moving violations ............ 3 
Littering pursuant to G.S. 14-399 when the littering 
involves the use of a motor vehicle ............ 1 

The above provisions of this subsection shall only apply to violations and convictions which take place within the State of North Carolina. The Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle shall not apply to any commercial motor vehicle known as an "aerial lift truck" having a hydraulic arm and bucket station, and to any commercial motor vehicle known as a "line truck" having a hydraulic lift for cable, if the vehicle is owned, operated by or under contract to a public utility, electric or telephone membership corporation or municipality and used in connection with installation, restoration or maintenance of utility services. 

No points shall be assessed for conviction of the following offenses: 

Overloads 
Over length 
Over width 
Over height 
Illegal parking 
Carrying concealed weapon 
Improper plates 
Improper registration 
Improper muffler 
Improper display of license plates or dealers' tags 
Unlawful display of emblems and insignia 
Failure to display current inspection certificate. 

In case of the conviction of a licensee of two or more traffic offenses committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have a different point value, such licensee shall be assessed for the offense having the greater point value. 

CHEROKEE l CLAY l GRAHAM l HAYWOOD l JACKSON l MACON l SWAIN

MINOR TRAFFIC VIOLATION (MTV) COURT

We now have Minor Traffic Violation (MTV) courts in four of the seven counties in the 30th Judicial District. The counties with MTV courts include Haywood, Jackson, Macon and Cherokee. The scheduled MTV courts are included on the 6-month calendar published by the District Court. A copy of that 6-month calendar is available on the "Calendars" page of this web site. To access the "Calendars" page, click here.

PROCEDURES FOR MINOR TRAFFIC VIOLATION (MTV) COURT

If you do not pay your citation before the court date indicated on your ticket, you, or an attorney on your behalf, MUST come to court. Failure to appear in court will result in a driver’s license revocation.

TIME: You may come to court any time between 9:30 A.M. and 12:00 Noon. You are encouraged to come early. No pleas will be taken after 12:00 Noon unless you were in line before 12:00 Noon. Please bring your pink citation with you.

PLACE: 

Jackson County: Please come to the Jackson County Justice and Administration Center, 401 Grindstaff Cove Road, Sylva, North Carolina located off Exit 83, Highway US23/74, Sylva.

Haywood County: Please come to the old Dayco Union Hall located at the corner of Hendrix Street and South Main Street (formerly Old Balsam Road) Exit 98 of Highway US 23/74; exit 27 of Interstate 40, Waynesville, NC.

Macon County: Please come to the Macon County Courthouse lcated on Main St. in Franklin.

Cherokee County: Cherokee County Courthouse located at 75 Peachtree St., Murphy.

You will be asked by the District Attorney how you intend to plead to the violation charged on a first come, first serve basis.

NO ADVICE: No member of the District Attorney's office, Clerk of Court's office, or any law enforcement office can give you legal advice. Call an attorney or your insurance agent before your court date to obtain information regarding how the citation may affect your insurance rates and/or driver's license.

FINES: No checks will be accepted. ADDITIONAL TIME TO PAY YOUR MONEY CANNOT BE GIVEN.

NOT GUILTY PLEAS: If you desire to plead not guilty, you must appear in MTV court and the presiding judge will assign a trial date.

BEFORE COURT: If you or your attorney feels that your good driving record would help you in securing a plea to a reduced charge or in obtaining a Prayer for Judgment Continued (PJC), you should obtain and bring with you to court a certified copy of your driving history from the North Carolina Department of Motor Vehicles. You may obtain a certified copy of your driving history by picking up and filling out a form from your local county North Carolina Drivers License Examiners Office. Mail the completed form along with a $7.00 fee to the appropriate address to obtain your driving history.

If you received a citation as a result of a traffic accident, please bring with you a letter from your insurance agent stating that the insurance has paid all of the damages from the accident. If you chose to pay the damages yourself and not report the accident to your insurance company, bring a letter from the victim stating that all of the victim's damages from the accident have been paid in full.

If you received a citation for expired registration, expired inspection, or expired driver's license, bring proof of correction and/or renewal to court with you. Bring a Xerox copy of the document and/or license to place in the court file.

PLEASE DO NOT COME OR CALL THE CLERK'S OFFICE, JUDGE'S OFFICE OR DISTRICT ATTORNEY'S OFFICE BEFORE THE COURT DATE TO GET A REDUCTION OR A DISMISSAL. THEY ARE NOT STAFFED OR EQUIPPED TO HANDLE THESE CASES ON A DROP-IN BASIS.

FAILURE TO COME TO COURT WILL RESULT IN YOUR DRIVER'S LICENSE BEING REVOKED. You may also have to pay additional fees to have your license restored.

CHEROKEE l CLAY l GRAHAM l HAYWOOD l JACKSON l MACON l SWAIN

IGNITION INTERLOCK SYSTEM

First Offenders:  As of July 1, 2000, a first offender convicted of driving while impaired with a BAC (breath alcohol content) of .16 or above is required by law to drive only an ignition interlock equipped vehicle. Judges may also choose to require the interlock of first offenders convicted with less than a .16 BAC.

Multiple Offenders: The Division of Motor Vehicle uses the interlock in the hearing process, which determines conditional restoration for petitioners convicted of two or more DWI offenses in a seven-year period.

How is the Interlock verified?:  Some judges may require the first offender to show proof of installation (from the interlock vendor) prior to issuing the limited driving privilege. Other judges may not. DMV requires multiple offenders to have vendor’s verification of installation prior to conditional restoration.

How long is the Interlock required?: First offenders must have the device for one year, either during suspension or afterwards when applying for a regular drivers license with DMV. Multiple offender terms vary from 2 to 7 years, depending on the number of convictions in a seven-year period and whether the last conviction occurred before or after July 1, 2000.

INSTALLATION OF THE INTERLOCK

If the ignition interlock is part of a DWI offender’s requirements to drive, the person may call Monitech, Inc., at 1.800.521.4246 to schedule an appointment for installation. In many cases, verification of the interlock is required before a privilege is granted.

When to call? Appointments can normally be scheduled within two weeks, sometimes three. The first offender, if conviction is probable, may wish to call four weeks in advance of the court date. By calling early, appointment can be more easily scheduled to coincide with conviction and help reduce interruption of the driving privilege.

Installation prior to conviction, without court documentation, may require prepayment of lease fees beyond the first 2 months. If required, such lease fees are refundable upon conviction.

The interlock must be installed on all vehicles to be used by the participant and on all vehicles registered to multiple offenders. With proper authorization, work vehicles and registered vehicles “not in possession” may be exempted.

Installation does not damage the vehicle. Small holes may sometimes have to be drilled under the dash or hood. Electrical connections are guaranteed and returned to normal working order upon removal.

Upon calling, a time and date for the installation will be provided as well as specific directions to the nearest service center.

PLEASE REMEMBER

·        A licensed driver must drive the interlock program participant to the installation unless prior to conviction or otherwise noted by the presiding judge.

·        All installations and service are by appointment.

·        At installation, a verification form will be provided as proof of installation.

·        A manual is provided for study and a demo interlock with which to practice. A technician is available to go through the manual with the driver and family to assist in learning the testing technique.

·        Failure to follow rules and directives by the Courts/DMV may result in loss of driving privileges. Monitech has no input or recourse in reporting such failures.

·        An emergency number is available 24 hours a day/seven days a week to assist in testing and unit difficulties.

·        Alcohol contamination of any type or from any source can cause test failure. Test failure will result in vehicle lockout and possible loss of driving privilege.

·        Driving a vehicle without interlock is subject to a charge of driving while license revoked and loss of license.

IMPORTANT INFORMATION TO KNOW BEFORE INSTALLATION

The ignition interlock is a small alcohol breath analyzer that resembles a CB radio. It is not difficult to use, but does require the driver to blow air into the unit each time before the vehicle is started and randomly thereafter. The ignition interlock…

• Requires $176.00 at the time of installation. This cost includes $70.00 for installation, $100.00 for the first 2 month’s advance lease fee and $6.00 sales tax.

• Costs $50.00 per month to lease (plus $3.00 tax)

• Costs $70.00 to change vehicles.

• Requires one to two hours to install.

• Requires the user to be present during installation.

• Sometimes requires a refundable deposit if installed prior to conviction.

• Is for all cars and trucks but not motorcycles

• Can be used by other drivers in the family

• Is monitored every two months for violations at which time the next 2 month’s advance lease fee is required ($106.00)

• Is alcohol specific with no “false” positives.

• Requires early return for service and possible loss of driving privilege if violations occur.

Any additional information can be obtained from Monitech, Inc. 1.800.521.4246

The above information is taken from a brochure prepared and distributed by Monitech, Inc.

CHEROKEE l CLAY l GRAHAM l HAYWOOD l JACKSON l MACON l SWAIN

VEHICLE SEIZURE LAW - OWNER RELEASE PROCESS

Guidelines for Processing Innocent Owner Pretrial Release Petitions in Vehicle Seizure Cases Beginning 1 January 2002

A.    Short Description of the New Innocent Owner Release Process

A non-defendant owner seeking the permanent pretrial release of a vehicle on the grounds that he or she is an innocent owner must file a petition with the clerk. Just as in the past, the petitioner must (1) demonstrate his or her innocence, (2) provide proof of ownership and financial responsibility and (3) execute an acknowledgment.

Unlike in past years, however, the clerk, rather than the District Attorney or a judge, will make the innocent owner determination. If the clerk is satisfied by the greater weight of the evidence that the petitioner has met the statutory requirements for innocent owner release, the clerk will order the release of the vehicle to the petitioner upon the payment of all towing and storage costs. If the clerk denies the petition, there is no right of appeal, but the court may reconsider the innocent owner issue at the forfeiture hearing.

This revised innocent owner release process is discussed in detail below.

Step-By-Step Review of the Innocent Owner Release Requirements Effective 1 January 2002, pursuant to the revised N.C.G.S. § 20-28.3(e1)

1. Filing of petition: A person other than the defendant may file a petition with the clerk seeking the permanent pretrial release of the seized vehicle on the grounds that the petitioner is an "innocent owner." The petitioner should use form AOC-CR-330 (Revised 01/2002).

2. Proof of innocence: In order to qualify as an "innocent owner," the petitioner must fall within one of the following five categories set out in N.C.G.S. § 20-28.2(al)(2):

(a) The petitioner "did not know and had no reason to know that the defendant's license was revoked."

(b) The petitioner "knew that the defendant's drivers license was revoked, but the defendant drove the vehicle without the person's expressed or implied permission, and the owner files a police report for unauthorized use of the motor vehicle and agrees to prosecute the unauthorized operator of the motor vehicle."

(c) The petitioner's vehicle "was reported stolen." In other words, the defendant stole the vehicle from the petitioner and used it to commit the impaired driving offense that gave rise to the seizure.

(d) The petitioner "is in the business of renting vehicles, and the vehicle was driven by a person who is not listed as an authorized driver on the rental contract."

(e) The petitioner "is in the business of leasing motor vehicles... [held] legal title to the motor vehicle as a lessor at the time of seizure and.., had no actual knowledge of the revocation of the lessee's drivers license at the time the lease [was] entered."

The petitioner will indicate his or her category by checking the appropriate box on form AOCCR-330 (Revised 01/2002).

3. Proof of ownership: The petitioner must prove that he or she owns the motor vehicle. Specifically, the petitioner must demonstrate that he or she is a person "in whose name a registration card or certificate of title for [the seized] motor vehicle [was] issued at the time of [the] seizure." See N.C.G.S. § 20-28.2(al)(3a) (1999 & Supp. 2000). The clerk can verify this from the records of the Division of Motor Vehicles using the STARS system. Form AOC-CR330 (Revised 01/2002) addresses this requirement.

4. Proof of financial responsibility: The petitioner must prove "the existence of financial responsibility" for the vehicle. The petitioner should obtain a form FS-1 from his or her insurance company in order to provide this proof. Form AOC-CR-330 (Revised 01/2002) addresses this requirement.

5. Execution of acknowledgment: The petitioner must execute a written document acknowledging the following information set forth in N.C.G.S. § 20-28.2(al)(1):

(a) "The motor vehicle was operated by a person charged with an offense involving impaired driving while that person's drivers license was revoked as a result of a prior impaired drivers license revocation."

(b) "If the motor vehicle is again operated by this particular person, at any time while that person's drivers license is revoked, and the person is charged with an offense involving impaired driving, the motor vehicle is subject to impoundment and forfeiture."

(c) "A lack of knowledge or consent to the operation will not be a defense in the future, unless the motor vehicle owner has taken all reasonable precautions to prevent the use of the motor vehicle by this particular person and immediately reports, upon discovery, any unauthorized use to the appropriate law enforcement agency." By completing form AOC,CR-330 (Revised 01/2002), the petitioner will have executed this acknowledgment.

6. No prior acknowledgment: Even if the petitioner satisfies each of the foregoing requirements (innocence, ownership, financial responsibility and execution of an acknowledgment), the clerk may not release the vehicle to the petitioner if the petitioner has previously executed an acknowledgment for a seized vehicle involving the same person who is the defendant in the current case. The clerk can determine whether the petitioner has previously executed an acknowledgment using the STARS system. If the clerk finds that the defendant has previously executed an acknowledgement involving the same defendant, the clerk may release the vehicle to the petitioner only if the petitioner demonstrates that he or she took "all reasonable precautions to prevent the use of the motor vehicle by this particular person and immediately report[ed], upon discovery, any unauthorized use to the appropriate law enforcement agency." Form AOC-CR-330 (Revised 01/2002) addresses this requirement.

7. Special requirement for lessors: If the petitioner is in the business of leasing vehicles, the petitioner must agree "not to sell, give, or otherwise transfer possession of the…motor vehicle to the defendant or any person acting on the defendant's behalf." Form AOC-CR-330 (Revised 01/2002) addresses this requirement.

8. Burden of proof: The "greater weight of the evidence standard" is the standard the court is required to use at forfeiture hearings in vehicle seizure cases. See N.C.G.S. § 20-28.2(e) (1999 & Supp. 2000). Accordingly, the petitioner must prove that he or she has satisfied the criteria for release by the greater weight of the evidence. To prove a fact by the greater weight of the evidence the evidence in support of the fact must be "of greater weight than that offered in opposition to it." In other words, the evidence supporting the fact must be more credible or more persuasive than the evidence to the contrary.

9. Nature of proceeding: The revised N.C.G.S. § 20-28.3(el) refers to a "proceeding" conducted by the clerk on the innocent owner pretrial release petition. 

(a) The statute affords the clerk great discretion with regard to the level of formality of the innocent owner release process. For example, the clerk may choose simply to meet with the petitioner and review the petition, or the clerk may prefer to hold a more formal hearing. The clerk may also choose to take the matter under advisement for a reasonable period of time rather than issuing an immediate decision.

(b) The statute affords considerable discretion to the clerk with regard to the types of evidence that the clerk chooses to consider. For example, the clerk may choose to hear evidence from persons other than the petitioner, such as the defendant or a law enforcement officer.

10. Order granting or denying the petition: AOC-CR-332 (Revised 01/2002) will be used to grant or deny the petition. This form (as revised) contains the necessary findings of fact, conclusions of law and order. The clerk will send a copy of the order (whether it grants or denies the petition) to the District Attorney and to the attorney for the county school board. If the order grants the petition, the clerk will also notify DMV (using the STARS system) that a release order has been entered.

11. Reconsideration of clerk's denial of petition: If the clerk denies the petition, the court may reconsider the innocent owner issue at the forfeiture hearing. There is no right to appeal from the clerk's decision, however.

12. Towing and Storage Costs: Every release order must require the payment of towing and storage costs and the court may not waive this payment requirement.

13. Effective date: These new procedures apply to innocent owner pretrial release petitions in seizure cases where the underlying offense was committed on or after January 1, 2002.

CHEROKEE l CLAY l GRAHAM l HAYWOOD l JACKSON l MACON l SWAIN