How Do You Get a Traffic Ticket Dismissed in North Carolina?

Traffic violations may seem minor, and you may believe the simplest solution is to just pay the fine. However, there can be significant consequences to this choice. Fines, license points, higher insurance costs, and even a suspension of your driving privileges could impact your personal life and financial stability. More serious traffic violations can even result in jail time. If you are in this position, you may be wondering, “How do you get a traffic ticket dismissed in North Carolina?”

Three Choices for a Traffic Ticket

North Carolina is known for its beautiful and scenic roadways. Whether you’re traversing the roads in your day-to-day life or visiting iconic sights like Walker Falls, the Wright Brothers’ National Museum, or Grandfather Mountain, North Carolina roads have much to offer. One of the few negative consequences of driving our roads is traffic violation citations. If you have received a traffic ticket in North Carolina, you will typically have three options:

• Plead not guilty. If you plan to plead not guilty, you will attend a court hearing and attempt to get the ticket dismissed or reduced. In limited circumstances, there is an online interview option to request a dismissal or speeding reduction.
• Plead guilty. If the ticket is waivable, you can pay the fine for the ticket and any associated fees without attending court. It is recommended that the ticket be paid 24 hours before you are scheduled to appear in court. If you are required to appear in court, then you can plead guilty in the courtroom and pay the associated costs following your court appearance.
• Negotiate a plea. In exchange for pleading guilty, the violations and/or subsequent penalties are reduced. One option for some people is a Prayer for Judgement Continued (PJC), which offers leniency for first-time offenders.

Regardless of how you feel about your ticket or your guilt, you should speak with an experienced Monroe traffic violation lawyer before deciding on your course of action. They can help you explore your options and determine the most advantageous option to choose for your circumstances. They can also explain the potential consequences of each option so you can make a more informed choice.

Attempting a Traffic Violation Dismissal

The potential success of getting your traffic ticket dismissed depends heavily on the type of ticket you received and the circumstances of the traffic stop.

In instances of fixable issues like driver’s license, auto insurance, or registration offenses, you can request a dismissal online through eCourts. The site allows you to fill in a document with information from your case that gets sent electronically to the District Attorney’s office for review. To qualify, you must show that you fixed the deficiency that caused you to receive the ticket.

Outside of the types of violations listed, you will need to get your case dismissed through other routes. Potential reasons for a traffic violation dismissal include:

• Medical or emergency situation. If you received a ticket, such as speeding or failing to stop at a stop sign, for actions related to a medical or other emergency situation, the court may consider dismissing the charge.
• Lack of signage. Road signs, such as speed limit signs, school zones, and other traffic instructions, must be present and legible. If the relevant signs were missing, not visible, or unclear, there may be grounds for dismissal.
• Procedural errors. Law enforcement is responsible for following specific procedures when conducting a traffic stop and writing traffic tickets. Failure to follow these procedures can result in a dismissal of the ticket.
• Refutable evidence. Local security cameras, dash camera footage, or photos of the location where you received the ticket can refute the claim the officer made when you were pulled over. If the ticket is for speeding, you can challenge the device’s accuracy or pacing technique.
• Good driving record. Some courts may offer leniency if you do not have any prior traffic violations and you can show a clean driving record.

How to Fight a Traffic Ticket

The main determinant of successfully fighting a traffic ticket is the evidence you are able to collect to support your claim. This process can feel overwhelming, especially if you do not know where to start. This is one of the areas where a skilled traffic lawyer can make all the difference.

A traffic lawyer can help you determine the types of evidence that will most support your reason for dismissal. Evidence that could be helpful in your request for a dismissal includes:

• Dashcam footage
• Eyewitness accounts
• Photographs of the scene
• Identified errors in the documents filed by the law enforcement officer
• Documents proving an emergency

Though this evidence is usually helpful, it is far from a complete list that can be used to support your claim for dismissal. A traffic lawyer can help you build a comprehensive defense and then present it clearly and professionally to the prosecutor or the judge.

FAQs

Q: Can I Get a Traffic Ticket Dismissed in North Carolina?

A: It is possible to get some traffic tickets dismissed in North Carolina. Some tickets are deemed fixable, like expired registration tickets, and can be dismissed if you get your registration reinstated and submit a form. Other tickets can be dismissed by fighting them in court. More than 50% of traffic stops resulted in a citation, and each will require a tailored defense strategy for a successful outcome.

Q: How Do I Know if My Traffic Ticket Is Waivable?

A: When you receive the ticket, law enforcement will typically note whether the offense is waivable and the costs you will need to pay in order to choose this option. If you are unsure if your ticket is waivable, you can find both the list of mandatory appearance tickets and waivable tickets on the Current Waiver Lists page of the North Carolina Judicial Branch site.

Q: What Is the Ideal Excuse to Appeal a Speeding Ticket?

A: The ideal excuse to appeal a speeding ticket depends on the circumstances of your specific case. Nearly 40% of the traffic stops in North Carolina in 2024 were speed limit violations, but each individual stop will require a unique defense strategy. For example, if you were speeding because of a medical emergency, then presenting evidence that shows the emergency would be the ideal defense.

Q: What Happens if I Do Not Pay My Traffic Ticket?

A: If you do not admit guilt by paying your traffic ticket, then you must resolve your ticket in another way before your court date. If you do not, then you must attend the court date on your ticket. Failure to attend your court date can result in a Failure to Appear being issued against you 20 days after your court date.

Traffic Ticket Support

In 2024 alone, the consequences of a traffic ticket can be far-reaching and could even result in a license suspension lasting between 60 days and one year. If you are looking for routes to get your ticket dismissed, then speak with the experienced team at the Law Offices of Huffman & Kendrick.