Laws
Laws are made to protect everyone. The leading cause of traffic fatalities in North Carolina is speeding.
Motorists should plan ahead to allow enough time to arrive safely at his or her destination.
Remember, it is easy to speed. It takes restraint not to exceed the posted speed limit.
Crash reports investigated by all of North Carolina's law enforcement agencies are forwarded to the North Carolina Division of Motor Vehicles.
You may obtain copies of crash reports from the Division of Motor Vehicles one of three ways:
- By calling (919) 861-3098
- By visiting in person the DMV Raleigh Central Services at 4121 New Bern Ave.
- By mailing your request TR-67A form to:
- NCDOT-DMV Traffic Records Section
3106 Mail Service Center
Raleigh, NC 27697-3106
The Division of Motor Vehicles will provide certified copies at a cost of $5.50 and citizens must fill out a TR-67A form.
Obtaining a North Carolina Driver's License
The Highway Patrol does NOT issue drivers licenses. Drivers licenses must be obtained from the Division of Motor Vehicles (DMV) of the Department of Transportation.
The Law
DWI Commercial
In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04. The most significant aspects of the state's DWI law make punishment more severe for the impaired driver in general and the repeat offender in particular.
For offenders who fall into one of the five levels of misdemeanor DWI, Level I being the most serious and Level V the least, the likelihood of spending time in jail has increased.
Level V:
Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.
Level IV:
Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.
Level III:
Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
Level II:
Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
Level I:
Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
Level I and II drivers are repeat offenders, persons whose license are revoked, impaired drivers, impaired drivers who are transporting young children and impaired drivers who hurt someone in a crash.
Impaired drivers must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.
Felony DWI
For Habitual DWI offenders, drivers who have had four prior DWI convictions within the past ten years, DWI becomes a more severe felony. But more importantly, the Habitual DWI statute mandates a minimum active jail term of one year -- a sentence that CANNOT be suspended. Offenders must also go through a substance abuse program while in jail or as a condition of parole.
Seizure and Forfeiture of Vehicles
The Governor's DWI Initiative takes away from repeat DWI offenders the means to drive while impaired; namely, their cars.
Under the new provision, a law enforcement officer can seize a driver's car if the officer charges that person with DWI and that person was driving while his or her license was revoked due to a previous impaired driving offense. The seizure happens at the time of the arrest and NOT after the case has come to trial.
If a court convicts the driver of DWI and of committing the offense while driving with a revoked license due to a previous impaired driving offense, the judge will order the vehicle forfeited. The school board can then sell the vehicle and keep the proceeds, sharing the money with any other school systems in the county, or keep the car for its own use. The law does allow vehicle owners to get their cars back if they were not the driver convicted of DWI but only if they satisfy the court that they are an innocent party.
Littering is against the law and carries a sizable fine.
The minimum fine for a first offense of littering is $250 with maximum fines going as high as $1000.
Subsequent offenses can bring community service requirements and fines of up to $2000.
If you see someone littering on the highway, you can call *HP and you will be connected to the nearest Highway Patrol dispatch center.
You can also report litterbugs through the Dept. of Transportations's Swat-A-Litterbug Program.
North Carolina's Move Over law protects State Troopers and other law enforcement officers and emergency and utility workers stopped along side our highways.
The Highway Patrol has taken steps to ensure more safety for citizens and troopers. In January, 2002, the state's Move Over law took effect requiring motorists, if they can safely do so, to move one lane away from any law enforcement or other emergency vehicle that is on the side of the highway. This law includes utility vehicles that are on the side of the road restoring electrical service during an unplanned event such as a hurricane or ice storm. The utility vehicles are required to have a flashing amber-colored light.
The law requires motorists slow down and approach cautiously when an emergency vehicle is stopped on the shoulder of the roadway with its lights flashing. Motorists are required to move over to another lane away from the emergency vehicle on a multi-lane highway or slow down on a two lane highway and can do so safely. Motorists must slow down while maintaining a safe speed. G.S. 20-157 (f).
A violation of the move over law will result in a mandatory fine of $250.00 plus court costs.
Incident Involving Trooper M. G. McLamb
August 11, 2005, Cumberland County
On August 11, 2005, at approximately 1:00 P.M. Trooper M. G. McLamb was conducting a traffic enforcement stop on US 301 near the NC 59 Exit just south of Fayetteville in Cumberland County.
Trooper McLamb was standing on the driver's side of the stopped vehicle and had just turned to return his patrol car when he was struck. A motorist failed to move over and decrease speed and struck Trooper McLamb.
Trooper McLamb was treated and released.
The Move Over law requires motorists to approach cautiously when an emergency vehicle is stopped on the shoulder of the roadway with its lights flashing. Motorists are required to change lanes away from the emergency vehicle on a multi-lane highway or slow down on a two lane highway and can do so safely. Motorists must slow down while maintaining a safe speed. G.S. 20-157 (f).
Effective July 1, 2006, fines increased to $500 along with the possibility of being charged with a felony if a collision occurs that results in serious injury or death.
District Attorney's Office
Questions concerning a traffic ticket issued by a trooper or other law enforcement officer should be directed to the District Attorney for the county in which the ticket was issued. The telephone number for the District Attorney can be located in the State Government section of the telephone directory or you may click here.
Clerk of Court
Questions about the court date or location should be directed to the Clerk of Superior Court of the county in which the ticket was issued. The clerk's number is listed in the State Government section of the telephone directory under judicial or courts.
Court Costs
The fine entered by the officer on the back of the ticket is set by the Conference of Chief District Court Judges and not by the officer. Current court costs can be found here.
Failure to appear in court
DMV will revoke a person's drivers license or the right to drive on an out-of-state license if the person fails to appear in court or fails to pay the fine and costs. The revocation will remain in effect until the ticket is paid and the person goes to court.
Paying a fine
Payment of fines and costs are not made to the officer but to the Clerk of Superior Court. The Clerk does NOT accept personal checks but only money orders or bank checks. The Clerk will accept cash only when paying in person.
Court appearances
The Conference of Chief District Court Judges, not the officer, establishes a list of those charges which may be paid without a mandatory court appearance and those which require a court appearance.
Lawyers who advertise
Some lawyers may send a letter to a person receiving a ticket. The lawyers obtain the names and addresses from the Clerk of Superior Court. The officer issuing the ticket has no control over the advertising. The U.S. Supreme Court has ruled that lawyers have a constitutional right to advertise.