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Traffic Ticket That was'nt paid in North Carolina

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drh0510

Junior Member
What is the name of your state? North Carolina
I received a ticket for no insurance and driving without my license back in 1999. I want to do the right thing and apply for my license, I do have the proof that I have insurance but not proof yet that I have my license, since the licensing agency said I had to clear up this matter first. What can I expect when I go into court? I truely want to take care of all of this and be a legal driver, but I still do not have proof of the license. Please help.What is the name of your state?
 


Hey There

Member
4-19-08
drh0510

A Google Search will give you directions by typing in
Reinstating a driver's licence in North Carolina
Click on
Lee County - Reinstatement of Driver's License
NOTICE TO NORTH CAROLINA DRIVERS LICENSEE'S:
The N.C. Department of Motor Vehicles will not renew your drivers license if you have failed to pay a traffic citation anywhere in the UNITED STATES.
FIRST STEP:
To have your privilege to operate a motor vehicle reinstated you are required to dispose of your traffic citation in the appropriate jurisdiction. If your traffic citation was issued in North Carolina do the following:
Determine if your appearance in North Carolina can be waived or is mandatory. Provided below are instructions for each. After compliance with the court, the Department of Motor Vehicles will be notified by the clerk's office.
If your traffic citation was issued in another State, you must contact the court in that jurisdiction to determine their requirements. The North Carolina Court System cannot assist you. You should also contact the North Carolina Department of Motor Vehicles/ Driver's License Division to obtain additional information for compliance with their requirements.
Waiver of Appearance in North Carolina
(An appearance may only be waived upon a plea of guilty/ responsible and payment of the fine and costs set by law.)
If your offense appears on the attached list of offenses for which an appearance may be waived, you may not be required to appear in court. Follow the instructions provided at the top of that list.
In addition to any fine and/or costs required, there is an additional $50.00 restoration fee due to the court, that should be added to any additional amounts owed the court.
If your traffic citation was received in Harnett County, follow the instructions for making payments to the clerk of superior court.
(NOTE: This clerk's office will only accept payment for traffic citations issued in this county. If you received a traffic citation in another county in North Carolina, you must dispose of the traffic citation in the county that it was received.)
Mandatory Appearance
If your offense appears on the mandatory appearance list, you or an attorney appearing for you must appear in person before the judge to have your case disposed.
* If you are appearing in person, contact the District Attorney’s Office to be advised of the date(s) that your case may be disposed of in court.
* PLEASE REMEMBER in Harnett County you must come to the District Attorney’s Office before 9:00 AM on a Monday or Thursday to have your case added to the docket for that day.
In the court, you will be held to the same standard as an attorney, if representing yourself.
* If you do not reside in North Carolina, an attorney to practice law in Harnett County may appear on your behalf. You should contact an attorney to inquire about waiver of your appearance.
SECOND STEP:
Contact the Department of Motor Vehicles/ Driver's License Division. They will assist you with information on their procedure, to include the amount of the reinstatement fee to be paid to that office.
 N.C. Department of Motor Vehicles - Driver's License Divisions
1100 New Bern Avenue
Raleigh, N.C. 27697
Telephone: (919) 715-7000
Email: Division of Motor Vehicles
OR click on
INSTRUCTIONS ON COMPLYING WITH TRAFFIC CITATIONS WHEN THE COURT (A Cumberland County Website)
which has the same information.

Good Luck on This
Hey there
 

drh0510

Junior Member
Thank you so much for your help, so you don't think they will throw me in jail since it's been so long since I paid it:eek:
 

Hey There

Member
Bits of information from the internet

4-21-08
drh0510

In SOME jurisdictions.
Failure to appear is a misdemeanor offense
A bench warrant (MAY )be issued
A court order (MAY) suspend a driver's licence
In MANY jurisdictions,
in order to clear a failure to appear
a driver must pay the original amount for the citation
AND the penalty fees for the failure to appear.
****Notice the words SOME and MANY

------------------------------------------------------------------------------------
SOURCE:Failure to appear (FTA) - Criminal Law Lawyer Source
-------------------------------------------------------------------------------------

A failure to appear CAN include arrest and incarceration. Twenty days after your failure to appear, the North Carolina Department of Motor Vehicles the driver WILL have his licence suspended and will have to pay you additional fines and penalties before his license is restored or renewed._________________________________________________________

( Source:) North Carolina Magistrates Association (2005)
Note: CAN doesn't mean will do so.
_________________________________________________________

Failure to Appear and/or to Pay a Fine

A driver's licence will be revoked when the DMV is notified that the driver has failed to appear in court or to pay fines for the citation
Driving privileges remain revoked until the DMV receives notice that
the matter is taken care of.
(Source:Driving demerit points - XCOPPER: Traffic and speeding ticket ...)
_________________________________________________________
My Observation for a day at Failure to Appear cases.
A $250.00 fine was the only penalty for Failure to Appear added to the fines and assessments of the original violation.
I have never heard of anyone taking care of past traffic violations ending up with more than a $250.00 fine.
From the websites I've checked drivers who are originally charged with infractions are fined not jailed.
_________________________________________________________
Some lawyers will give a one time consultation to explain the options available to a driver for a small fee,$50.00? or sometimes for no fee.
A local lawyer should be able to point you in the right direction for resolving this matter. In the yellow pages of a phone book the adds should indicate which lawyers do so.

Keep us posted
Best Regards,
Hey There
 

dworrill

Member
You are not going to jail for that. They RARELY charge a misdemeanor FTA in addition to the original charges. An attorney could possible go in and plea responsible and ask them to nunc pro tunc it back to the orginal offense date and strike the FTA. This would magically show your DMV record as if it was taken care of back in 1999. Whether that county would do that I don't know. Or you could go in and ask them to dismiss the insurance and you plea to the nol. Then ask for a pjc.
 

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