There are 2 important point systems related to driving in NC. There are DMV points and insurance points
DMV points, or license points, are points that are assessed to you by the DMV. Your driver’s license will be suspended if you accumulate 12 or more DMV points within a 3 year period. Below is a list of driving charges, and the amount of DMV Points associated with each charge: Offense-------------------------------------------------------------DMV Points Manslaughter or Negligent Homicide--------------------------Suspended Pre-arranged Highway Racing----------------------------------Suspended Hit and Run (injury/death)--------------------------------------Suspended DWI (.08 BAC or more)------------------------------------------Suspended Transporting Illegal Liquor for Sale-----------------------------Suspended Highway Racing-------------------------------------------------Suspended Speeding to Elude Arrest---------------------------------------Suspended Driving While Revoked or Suspended--------------------------Suspended Aggressive Driving (Comm. Lic.)---------------------------------6 Points Aggressive Driving (Class C License)----------------------------5 Points Reckless Driving-------------------------------------------------4 Points Hit and Run (property damage)----------------------------------4 Points Passing a Stopped School Bus-----------------------------------5 Points Speeding (75 mph or greater when limit < 70)------------------Suspended Speeding (80 mph or greater when limit 70)---------------------3 Points Driver Under 21 Driving after Consuming Alcohol/Drugs-------Suspended At-FaultAccident (injury/death > $800)--------------------------Suspended Illegal Passing----------------------------------------------------4 Points Following Too Closely--------------------------------------------4 Points Driving on Wrong Side of Road-----------------------------------4 Points Stop Sign/Stop Light Violation-----------------------------------3 Points Speeding Through a Safety Zone---------------------------------3 Points Driving with no Operator’s License-------------------------------3 Points Failure to Yield Right of Way-------------------------------------3 Points Failure to Stop for Siren-------------------------------------------3 Points Driving with no Liability Insurance--------------------------------3 Points At Fault Accident (property damage > $1,800, but < $3,000)------3 Points Speeding (>10 mph over limit when speed limit is > 55, but < 76)--3 Points Speeding when limit is 55 mph or greater------------------------3 Points Speeding when limit is 55 mph or less---------------------------2 Points Speeding in School Zone-----------------------------------------3 Points All other Moving Violations---------------------------------------2 Points Failure to Restrain Child in Restraint------------------------------2 Points At-Fault Accidents (injury or property damage < $1,800)---------3 Points Littering from vehicle---------------------------------------------1 Point Non-Moving Violations-------------------------------------------0 Points Adkins Law Attorneys are happy to help clients with any traffic violation. Call us today with any question you may have or to get help with your traffic violation.
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There are several different types of Child Custody:
How is Custody Determined? Court will decide where the child will live and what type of custody will or should be awarded to each parent. If the parents have come to an agreement, the courts will often take that into consideration before making the decision for the family and the child. If no agreement can be made, then the court will choose based on the “best interests” of the child. The court considers a wide variety of factors to determine the best arrangement for custody of the child. The factors the courts consider:
Adkins Law can help you understand any and all complexities of your child custody case. Call Adkins Law today for more information and to schedule a consultation. Adkins Law is committed to being there for you no matter what stage of life you are going through. If you are in need of assistance with Family Law Issues, Estate Planning for your family or even a Traffic Law issue. We are here to help you! Call us today to set up a consultation.
Adkins Law is located in the Lake Norman, Huntersville area, we specialize in Family Law, Estate Planning, and Traffic/DUI. Call us today to set up a consultation.
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 -W-2 form 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.” Make sure the next time you are at the DMV to get your Federal ID.
Adkins Law is located in the Lake Norman and Huntersville area. We specialize in Traffic/ DWI. Call us today if you are in need of legal assistance. 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. Adkins Law is here for you this Valentine's Day. Contact us today to set up a consultation with one of our Family Law Attorney's in the Lake Norman and Huntersville area.
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. If you have gotten a traffic ticket we can help. Call us today to speak to Lake Norman and Huntersville attorney's that specialize in Traffic, Family and Estate Planning. Adkins Law looks forward to helping you!
What happens if you were evicted in North Carolina? At this point you have been served with either a summons or a complaint. This means that you as the tenant are being noticed for not paying the rent, you have violated the lease agreement with your landlord. This is where you have a couple options as the tenant. Most of the times a tenant will move out after receiving notices like this. Sometimes a tenant will fight the eviction in court.
If you are wanting to fight an eviction with your current landlord in court. Then you may need to speak with a lawyer in Huntersville, NC. Adkins Law serves the Lake Norman area. NC GS § 42-33 Upon receiving a notice to quit for nonpayment of rent and at any time before a final judgment is rendered, a tenant may pay the rent due in full in addition to any accrued late fees. However, the landlord may not be obligated to accept the payment. North Carolina law allows waiver of the ten-day notice provision if the waiver is conspicuously stated in the lease agreement (this is called a “forfeiture clause”). If an appropriate waiver exists, the landlord may proceed with the eviction even after tender of payment. Adkins Law would be happy to help in this matter. Huntersville lawyers here to represent you. If you need assistance in your eviction case or would like to schedule a free consultation with an eviction attorney in Mecklenburg County, please contact Adkins Law. Adkins Law is If you need assistance in evicting a tenant or would like to schedule a consultation with an eviction attorney in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Call (704) 274-5677 to arrange a consultation. |
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