Tag Archives: raleigh traffic lawyer

Are All Raleigh, NC Traffic Tickets Public Record?

Maybe you were speeding, buzzed through a stop sign, or made an illegal left turn somewhere while in an unfamiliar area. However, it happened, you find yourself with a traffic ticket.

It might seem like a small thing, but Raleigh, NC traffic tickets can add points to your driving record. Enough points can suspend your license. But are they public record that anyone can find?

A Ticket Is A Court Case

Police officer pulling a blue car over on the side of the road to give them Raleigh, NC traffic tickets.Anytime you’re issued a traffic ticket, you’re given a court date to appear. You can hire a traffic ticket attorney and have them take care of it. This, of course, is depending on the charge and severity. For instance, running a stop sign is not as severe as a DUI or vehicular manslaughter, for which you will be required to go to court, and possibly spend time in jail. But they will all have a court date.

A “waivable” traffic ticket is one you can pay the fine for and be done with it. This means that you’ll waive your right to trial, plead guilty, and accept the points and or other consequences of that ticket. This only applies to charges like minor traffic and equipment violations, not something more serious like DUI.

Can Anybody Find My Ticket?

Yes, but it’s not as easy as you think.

Only someone who has a “vested interest” can find your Raleigh, NC traffic tickets upon request, if they have the required information needed to find it. These individuals must agree to the website’s terms of service.

Anyone requesting the information online will be required to read and certify:

I certify under penalty of law that I am entitled to personal information from the requested driving record under one or more of the permissible uses listed in the federal Driver Privacy Protection Act.*

I am aware that there are federal criminal and civil penalties for knowingly obtaining, disclosing or using this personal information for a purpose not permitted under DPPA (18 U.S.C. Sections 2721-2724).

I also understand that North Carolina G.S. 20-43.1 prohibits someone from obtaining personal information from a driver record by purposely or knowingly misrepresenting his or her identity or the use for which he or she is seeking that information. Anyone who does so may be charged with felony tampering with a public record.

While your personal information (name, address, etc.) are not publicly available under Chapter 123, Section 2721 of the U.S. Code (Driver Privacy Protection Act), and N.C. G.S. 20-43.1, some parties and/or entities can access your driving record (including personal information), some personal information may be disclosed upon request. They include:

  • You, the driver, to receive your own driving record
  • Insurance companies, for rating or underwriting, claims, and anti-fraud activities
  • Employers to verify information for commercial drivers’ licenses
  • Private toll operations, to identify drivers
  • To notify owners of towed or impounded vehicles
  • In the course of normal business (conditions apply)

The entire list of interested parties who can access your driving record can be found on North Carolina’s DOT website.

Caveat—Lawyer Advertising

The NC Department of Public Safety states on its website that if you receive an unsolicited letter from an attorney offering help with your traffic ticket, it’s the result of getting your name from the Clerk of Superior Court, and has nothing to do with the officer who issued it.

Need Help With Raleigh, NC Traffic Tickets?

If you’ve received a traffic ticket and would like to learn more about your options, contact our offices any time or call 919-832-0307. Dewey P. Brinkley is Raleigh’s leading traffic ticket attorney, and can help neutralize the effects of traffic tickets on your driving record.

Yes, You Can Be Ticketed For Texting And Driving – Even If You’re Not Moving

At the Law Office of Dewey P. Brinkley, people from all over Raleigh and Wake County call us or stop by our office with questions regarding traffic law in North Carolina. One comment that we often hear (surprisingly) is, “I was ticketed for texting and driving, but I wasn’t even moving.” In North Carolina, it is not illegal to use a cell phone while driving (except in certain circumstances), but the state has banned all texting while driving.

Raleigh NC Texting While Driving Attorney | Dewey Brinkley Law

If you were ticketed for texting and driving, you can benefit by calling the leading Raleigh traffic attorney, Dewey P. Brinkley. We will work closely with you, one-on-one, to try and mitigate the consequences of this ticket, and we provide professional service while protecting your interests. For a free, no-obligation consultation with Raleigh defense attorney Dewey Brinkley, call our law firm today at (919) 832-0307.

Texting and Driving Laws in North Carolina

In North Carolina, there is no law banning mobile, hand-held phone use while driving, except for drivers under 18 years old and school bus drivers. However, the State of North Carolina bans all texting while driving, and if a police officer sees you texting (or emailing, messaging, etc) while driving, then the police officer can pull you over and issue a citation.

It is important to note, that in an attempt to reduce and eliminate driving while texting (which is said to be almost as dangerous as driving while impaired), police officers can give you a ticket for texting while driving even if you aren’t moving. The specific statute regarding this law is § 20-137.4A, and it states:

  • “It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
    • (1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
    • (2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.

In other words, if you are looking at your phone in your lap, or simply have your phone in your hand, then a police over may be able to pull you over on the grounds you were texting and driving. In some cases, police officers may issue a ticket for reckless or careless driving, as opposed to texting while driving.

However, and this is important, the law doesn’t apply to GPS, apps, and games. This somewhat muddies the differences between texting and, for example, setting a destination in your GPS. Technically, to charge you for this traffic violation in a court of law, the judge would have to prove that 1) you were using the smartphone and 2) you were conducting text-based communications.

Contact the Law Office of Dewey P. Brinkley

There are many nuances to this law, and, in some cases, it can be difficult to prove that you were, in fact, texting while driving. Nonetheless, if you weren’t moving (aside from being lawfully stopped or parked), you can still receive the ticket. If found guilty, you could be facing a $100 fine and the costs of the court. If you’re a school bus driver, as defined in G.S. 20-137.4(a)(4), and you were caught texting while driving, you could be facing a class 2 misdemeanor.

If you were pulled over and ticketed for driving while texting, whether you were moving or not, make sure to call the Law Office of Dewey P. Brinkley as soon as possible. We offer professional, experienced-backed criminal defense. Call our Raleigh law firm at (919) 832-0307 for a free, no-obligation consultation.