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Archive for the ‘DWI/Traffic’ Category

Browsing Post with the Tag: DWI/Traffic

What is a Prayer for Judgment Continued (or PJC)?

Thursday, October 7th, 2010

What is a Prayer for Judgment Continued?A possible disposition for a criminal or traffic charge (either an infraction, misdemeanor, or a felony) unique to North Carolina state courts, is a Prayer for Judgment Continued, or PJC.  When requesting a court to grant a request for a PJC, the proper way attorneys ask is to request that the “judgment be continued,” or to request that the court “continue judgment.”  While a PJC is an excellent result in many cases, it may not be the best result for all criminal or traffic cases.

Our experience has been that the effect of a PJC is highly misunderstood by most people, including lawyers or other legal professionals not experienced in traffic or criminal law.

The effect of a PJC for traffic violations is controlled by statutes and varies with the context in which it is considered.  A PJC may or may not avoid points, and the rules are different with respect to driver’s license points (or DMV points) or insurance points.   We have posted an article explaining more details about what a PJC is and how it may affect one’s record on our site, and a brief summary of how a PJC may affect insurance and DMV points for traffic violations.

Any time you are considering requesting a PJC, you should always consult with an experienced criminal or traffic lawyer.  If you have a pending court date for a criminal matter or traffic violation, call Attorney David Collins at Collins Law Firm for a consultation at 910-793-9000.

At Collins Law Firm, we have been practicing criminal and traffic law in Southeastern North Carolina for over a decade and David Collins has been licensed to practice law in both North Carolina and South Carolina since 1993.  The counties we cover for criminal and traffic matters include (County/Seat of Court): Brunswick County/Bolivia, NC; New Hanover County/Wilmington, NC; Pender County/Burgaw, NC; Columbus County/Whiteville, NC; Bladen County/Elizabethtown, NC; Sampson County/Clinton, NC; Duplin County/Kenansville, NC; and Onslow County/Jacksonville, NC.

Labor Day is Over – Fall is Almost Here

Wednesday, September 8th, 2010

Fall Leaves and Roots by Zach DotseyLabor Day is over, school started back and it is almost fall. We hope everybody had a safe and enjoyable Labor Day weekend. There was heavy traffic in most parts of the country and if you happened to get a speeding ticket or traffic citation in Southeast North Carolina, Collins Law Firm can help.

In most cases, so long as you have a clean driving records for speeding tickets at non-excessively high speeds, we can avoid court appearances and points on both your insurance and DMV record. For people with violations already on their record, there are still ways in most cases that points can be avoided. In some cases the defendant may have to go to driving school and in some cases a Prayer for Judgement Continued (PJC) maybe used. However, PJC is a valuable option to dispose of a traffic charge which should only be used when necessary.

For example, if there are multiple members of a household and one person uses a PJC, if another person in the household gets a traffic citation within the next three years and receives a PJC, insurance points will assessed for that violation.

Collins Law Firm has been representing people charged with traffic citations, speeding tickets, and other criminal charges in Southeast North Carolina for over ten years and we will be happy to discuss your situation with you by phone at no charge if you receive a traffic citation. Call the Collins Law Firm at (910) 793-9000.

Labor Day Weekend

Friday, September 3rd, 2010

Wilmington Traffic | Source: WWAYTV3.com

Hurricane Earl has passed our area, and thankfully without inflicting much serious damage to our area.

Now we are heading into a busy Labor Day weekend. The American Automobile Association (AAA) is predicting a 10% increase in travelers on the road this year over last year. They predict that about 34.4 million people are likely to take trips of at least 50 miles.

That means that everyone needs to take greater precautions and plan for heavier traffic and slower travel paces. Law enforcement is likely to be stepped up this weekend and many people will likely receive speeding tickets or other traffic citations, and there are likely to be more accidents on the road than on non-holiday weekends. There are also likely to be impaired drivers and boaters who will receive DWI/DUI’s and BWI/BUI’s (boating while impaired/under the influence).

Anyone who receives a ticket or other criminal charges, or who is involved in an accident can call Collins Law Firm for a consultation about what we can do to help. We have been serving Southeastern North Carolina around the Wilmington, NC area for over ten years, representing people charged with traffic tickets or other criminal charges and people injured in traffic accidents or crashes.

Please be safe and have a wonderful weekend!

Collins Law Firm

Out of State Speeding Tickets

Monday, August 23rd, 2010

If you get a speeding ticket outside of North Carolina as a North Carolina licensed driver and just pay it off, it could cause your license here to be revoked.   Because of the Interstate Driver License Compact, the vast majority of states exchange information for moving convictions in motor vehicles.  If you get a speeding ticket in a member state for speeding more than 15 miles per hour over the speed limit, and the speed at which you are charged to have been speeding is 55 miles per hour or more, your license in North Carolina will very likely be revoked.   Similarly, if you are charged with speeding more than ten miles per hour over the speed limit in a 70 mile per hour zone or higher, your license in North Carolina will very likely be revoked.

Once the NC Department of Motor Vehicles gets notification of such a conviction, the NC licensed driver will be sent notification of the pending revocation and given notice of the right to have a hearing.  If the DMV hearing is not requested properly within the time frame allowed for such a request, the revocation will go into effect and it will no longer be possible to request a hearing.

If you have received such a notice, Collins Law Firm can help.   Give us a call at (910) 793-9000(910) 793-9000 to discuss the details.

What to Do if Stopped by Law Enforcement While Driving

Friday, August 20th, 2010

We would like to offer some advice on what to do if you are stopped by a law enforcement officer while driving a motor vehicle.

If you are stopped by a law enforcement officer while driving, stop at the closest place where you can park and where it will be safe for the officer to approach your vehicle.  Then roll your window down, and put your hands on the steering wheel at the ten and two o’clock positions so the officer can see your hands.  This will help the officer see that you are unarmed and do not pose a threat.

You should always be polite and cooperative with law enforcement officers.  However, this does not mean that you must consent to a search or perform any roadside field sobriety tests if requested.  You also have a right to confer with an attorney even before your rights are read to you.

If you are suspected of impaired driving you may refuse the roadside field sobriety tests, but the refusal may be considered by a judge in a probable cause evaluation, though refusing the roadside tests will not cause a license revocation.  However, if you are placed under arrest for impaired driving and asked to submit to a chemical test of your breath or blood and refuse, your license can be revoked for that refusal.  The details of the revocations can be complicated.  For more information, call us any time.

Do not drive while impaired!  It is very dangerous and it is a very serious crime.  However, if you are stopped or arrested for impaired driving, you can call Collins Law Firm at (910) 793-9000(910) 793-9000 for legal advice and representation.