North Carolina Motorist with Traffic Ticket in New York
This article contains information for North Carolina motorists that received a traffic ticket in New York State. The page discusses the consequences in North Carolina and New York.
Impact in North Carolina
North Carolina is a party to the Driver License Compact agreement. As such G.S. 20-4.24 Page 1 § 20‑4.24 provides:
(a) Reports. – A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction …….
If the laws of a member state do not describe the listed violations in precisely the words used in this subsection, the member state shall construe the descriptions to apply to offenses of the member state that are substantially similar to the ones described. A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any other offense or any other information concerning convictions that the member states agree to report.
(b) Effect. – A state that is a member of the Drivers License Compact shall treat a report of a conviction received from another member state of the compact as a report of the conduct that resulted in the conviction. For a conviction required to be reported under subsection (a), a member state shall give the same effect to the report as if the conviction had occurred in that state. For a conviction that is not required to be reported under subsection (a),a member state shall give the effect to the report that is required by the laws of that state.
Thus it appears that out-of-state violations will appear on your North Carolina record and a North Carolina motorist will face the same consequences as if the violation occurred in North Carolina.
Of particular concern are out-of-state tickets for speeding over 75 mph. General Statute 20-16(a)(10) & 20-23 provides for the suspension of NC motorists for speeding more than 75 mph. Our firm has seen cases where NC motorists unaware that a speeding ticket in NY will have such consequences in NC and have simply pleaded guilty to a speeding ticket in NY and then received a suspension notice in NC.
For confirmation and more detailed information on how an out-of-state violation would impact a North Carolina license, one would need to contact a traffic ticket attorney that practices in North Carolina. To handle the ticket in New York, you need to contact a traffic attorney that practices in New York.
Suspension in North Carolina for Non-Compliance with New York
If you fail to comply with a traffic ticket in New York, either by not answering the ticket or not appearing in court, your North Carolina license will be suspended. North Carolina law (N.C. Gen. Stat. 20-4.20) provides:
Division to transmit report to reciprocating state; suspension of license for noncompliance with citation issued by reciprocating state.
(a) Upon receipt of a report of noncompliance, the Division shall transmit a certified copy of such report to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident resides or by which he is licensed.
(b) When the licensing authority of a reciprocating state reports that a person holding a North Carolina license has failed to comply with a citation issued in such state, the Commissioner shall forthwith suspend such person's license. The order of suspension shall indicate the reason for the order, and shall notify the person that his license shall remain suspended until he has furnished evidence satisfactory to the Commissioner that he has complied with the terms of the citation which was the basis for the suspension order by appearing before the tribunal to which he was cited and complying with any order entered by said tribunal.
In other words, if a North Carolina motorist gets a ticket in another state and does not answer the ticket or does not appear in court, their North Carolina license will eventually get suspended. It will be cleared in North Carolina once the NCDMV (North Carolina Department of Motor Vehicles) receives paperwork confirmation from the sister state that the ticket was answered.
Impact in New York
The New York State Department of Motor Vehicles (DMV) creates an internal driver license number for any motorist that receives a traffic ticket in New York State. This license number is utilized to calculate violations within 18 month intervals, requiring an additional driver responsibility assessment fee for reaching six points in 18 months and ordering suspension for reaching eleven points in 18 months. New York State cannot suspend a North Carolina motorist’s driver’s license, but they can suspend the New York State driving privileges of an out-of-state motorist. A North Carolina motorist driving in New York with suspended New York State privileges is in the same position as a New York motorist driving with a suspended license in New York. The North Carolina motorist would be subject to arrest on the side of the road and misdemeanor or possible felony charges.
Disputing a Traffic Ticket in New York
Fighting a traffic ticket in court is typically an unpleasant experience. Usually there is the long travel time and the many hours spent in court. Being in a courtroom is not fun. The judge and the prosecutor are not on your side. They are generally unfriendly, and do not expect that they will be sensitive to your situation or inclined to accept your version of events.
Disputing a traffic ticket in New York can be easy with a traffic ticket attorney involved. This is because the person that received the ticket does not need to appear personally in court. Nor does the defendant have to have an excuse or defense in order to get the charges reduced or dismissed. In New York, your attorney can go to court in your place and speak for you in court. This means you would not have to attend traffic court in New York to get your charges reduced or dismissed. Your attorney can figure out what works best for your case, whether to present the court with a valid defense, challenge the charges on procedural grounds, or utilize any diversion dismissal program that is available in the relevant jurisdiction. For more detailed information, it is best if you contact a New York law firm whose main practice area is Traffic Law.
Benjamin Goldman Law Office
If you are a North Carolina motorist and were issued a traffic ticket in New York State, you can get in touch with the Benjamin Goldman Law Office. We are a New York traffic ticket law firm that operates across the entire state. Lawyers from our firm have handled cases in most of the approximately 1000 justice courts in New York. We fight tickets in the Brooklyn Traffic Violations Bureau of New York City and in the Champlain Town Court by the Canadian border. Our attorneys have experience with almost all types of traffic-related charges in New York. We handle common speeding tickets and more serious charges like driving with a suspended license. The team at the Benjamin Goldman Law Office persistently and diligently pursues the best possible disposition for each case. The efforts of our lawyers are reflected in the many five-star reviews our firm has received. The testimonials typically speak about the customer service we provide our clients and the results we obtain for them. The Benjamin Goldman Law Office provides motorists with a free consultation. You can contact us at your convenience. Someone from our firm will be glad to discuss your case, the circumstances leading up to the issuance of the citation and determine what makes the most sense for your situation. Our team can be reached by phone call, text message, website submission, or email.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.