North Carolina Drivers Ticketed For Reckless Driving Speeding In Virginia
What happens in Virginia does not stay in Virginia. North Carolina licensed drivers beware: If you violate Virginia law and are convicted of a reckless driving violation, or any other traffic violation, then the conviction will be reported to the North Carolina Department of Motor Vehicles (DMV). The Virginia court will first report the conviction to the Virginia DMV. The Virginia DMV will create a driver record based on the conviction, if a driver record does not already exist, and forward the conviction information to the North Carolina DMV. The North Carolina DMV will then post the Virginia conviction to the North Carolina driving record, but will not assess demerit points to the North Carolina driving record for the out-of-state Virginia conviction. However, the North Carolina DMV may suspend driving privileges in North Carolina depending on the conviction. Insurance points will then be assessed according to the North Carolina Insurance Rate Bureau. Thus, a Virginia conviction may lead to a driver’s license suspension by the North Carolina DMV and significant insurance increases according to North Carolina Department of Insurance policy. NOTE: Virginia does not have Prayer For Judgement.
Hire A Virginia Reckless Diving Lawyer Experienced Defending North Carolinians
Riley & Wells Attorneys-At-Law has been defending North Carolina licensed drivers for over 25 years and our lawyers have over 40 years of collective experience. Our law firm receives calls every day from clients in North Carolina. We have the experience to properly defend your reckless driving case. Call today for a free case evaluation. NOTE: issuance of a Virginia Uniform Summons (the “traffic ticket”) is NOT a conviction.
How Can Speeding Turn Into A Misdemeanor Criminal Reckless Driving Offense
Virginia code 46.2-862 is the most commonly enforced Virginia reckless driving law. This law criminalizes speed where the speed evidence is either 20 miles per hour above the posted speed limit or in excess of 80 miles per hour. On many Virginia interstates near North Carolina, the speed limit is 70 miles per hour. Thus, the North Carolina driver will be cited for misdemeanor reckless driving if travelling 81 miles per hour. A very serious law with very serious consequences on the North Carolina licensed driver that can be imposed by the Virginia Judge, the Virginia DMV, the North Carolina DMV and finally the North Carolina motorist’s automobile insurance company.
North Carolina Drivers Need A Local Virginia Lawyer For All Traffic Violations
The North Carolina DMV and automobile insurance companies are notified when there is a conviction. No notification is made with the issuance of the Virginia Uniform Summons. Thus, every North Carolina licensed driver who has been cited in Virginia for any traffic violation needs a Virginia traffic attorney. Most North Carolina residents want to protect their driving privileges, their driving records, and their automobile insurance policies. Even minor speeding tickets and low level traffic infractions can be very expensive in the long run if not properly defended. The North Carolina DMV will suspend a North Carolina drivers license if there is a conviction for speeding in excess of 55 mph and at least 15 mph over the speed limit in any state.
To avoid a suspension, the ticket must be contested. According to N.C. 20-16, the North Carolina DMV has the authority to suspend driving privileges as follows:
- 2 convictions of speeding over 55 mph within a 12 month period
- 1 conviction of speeding over 55 mph and 1 conviction of reckless driving within a 12 month period
- 1 conviction of speeding over 55 mph and 1 conviction of aggresive driving within a 12 month period
- a conviction for speeding over 75 mph where the maximum speed is less than 70 mph
- a conviction for speeding in excess of 80 mph where the maximum speed is 70 mph
North Carolina Department of Insurance Safe Driver Incentive Plan
The North Carolina Safe Driver Incentive Plan (SDIP) was created by state law to give drivers a financial incentive to practice safe driving habits. SDIP points are charged as follows for convictions and at-fault accidents occurring during the Experience Period (the three-year period preceding either the date an individual applies for coverage or the insurance company prepares to renew an existing policy). No SDIP points will be charged for Speeding 10 mph or less over the posted speed limit provided the violation did not occur in a school zone and there is not another moving traffic violation for the experience period.
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By Mitch Wells 5/17/2016