Do you have the "REAL" ID?
The North Carolina DMV has begun to offer a form of identification that satisfies a new federal ID requirement for boarding planes, entering federal buildings, military bases and nuclear facilities.
The "real" ID works and looks like a normal driver’s license but has a gold star in the upper right-hand corner. The star indicates that you’ve met the ID standards spelled out in the federal REAL ID Act.
To get a REAL ID, an applicant has to provide documents that show who they are, where they were born, where they live and that they have a Social Security number. The documents that meet the requirements to prove these things include:
-a birth certificate
-a valid U.S. passport or immigration documents
-a Social Security card
The federal government will begin requiring REAL ID for air travel. It was also be required to access other federal facilities such as military bases beginning on Oct. 1st, 2020. Those without a state-issued ID (with the gold star) would still be able to board a plane. However it would require a driver’s license and another form of identification, such as a passport.
Licenses that do not meet the requirements will include the words “Not for Federal Identification.”
A common question that arises is concerning the termination of parental rights. When parental rights are terminated, all legal ties between the parent and child are severed. This cannot be done consensually. A court must find grounds for the termination, and that the termination is in the child’s best interests.
In North Carolina, termination of parental rights proceedings are held in juvenile court before a district court judge. There is no jury. The petitioner (the person attempting to terminate the parental rights) must (1) show that there are grounds for the termination, and (2) that it is in the child’s best interests to terminate the parental rights. The petitioner must show by clear and convincing evidence that grounds for the termination exist, and that the termination is in the child’s best interests.
NCGS 7B-1111 sets out several grounds for terminating parental rights in North Carolina. A petitioner needs to prove at least one ground to successfully have a respondent’s parental rights terminated. Some of the ground which justify a termination include abuse, neglect, willful abandonment, the assumption of child custody by one party and the failure to pay child support by the other, a child born out of wedlock with the failure to establish paternity or legitimize the child, the failure to provide proper care and supervision when the child needs specialized care, a conviction of a serious felony such as murder or a sexually related offense.
Even upon the petitioner proving one of the grounds justifying termination, a judge must still find that the termination is in the child’s best interests. To that end, an evidentiary hearing must be held with sworn testimony. A parent cannot simply consent to the termination, even if they want to, fail to file a responsive pleading, or fail to appear at the termination hearing.
Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County, and the Lake Norman area. If you want to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation.
State law has mandated seat belt use by NC drivers for more than 30 years. The seat belt law has changed a lot over time. As a result, not everyone is clear on who is covered, what is required, and what the penalties are for seatbelt violations.
1. Everyone in the car must buckle up!
G.S. 20-135.2A(a) requires that every occupant of a motor vehicle manufactured with seat belts must have a seatbelt fastened properly on a persons body when the vehicle is in forward motion on a street or highway.
A handful of exceptions apply to the following people and motor vehicles:
2. A motor vehicle may not be stopped for a back-seat passenger’s failure to buckle up!
An officer who has reason to believe that a driver or passenger does not have a seat belt properly fastened on his or her body may stop the car to investigate. A law enforcement officer who has reason to believe that there is a rear passenger without a seat belt may not pull the car over. That’s because G.S. 20-135.2A(d1) categorizes the failure to buckle up in the back seat as a secondary violation. A officer who has lawfully stopped a vehicle for another reason and learns in the process of a rear seat belt violation may, of course, give a ticket to the driver for this offense.
3. What is the penalty for front seatbelt violations?
The penalty for a seat belt violation has significantly increased since seat belt use was first mandated. Back in 1986, a violation of the seat belt law was punishable by a fine of $25. No court costs were assessed.
Today, the penalty for a front-seat occupant’s failure to wear a seat belt is $25.50 plus $154.50 in court costs. That is $180.
The costs of a rear seat violation are a lot simpler. That penalty is a flat $10 and no costs may be assessed.
If you need an attorney to help you with a Seat Belt Violation please contact Adkins Law today. Our attorney's are located in the Huntersville, Lake Norman area. We specialize in Traffic/ DUI. For all other information regarding a Seat Belt Violation click here.