Legal Question in Traffic Law in North Carolina

while driving my daughter to school one morning, I was behind a police officer and 2 dump trucks going extremely slow. I go around the police officer and 2 dump trucks when the passing lane is clear. about a mile down the road, the same police offer stops me and gives me a ticket for G.S. 20-140(B). At the time of ticket, I had a cdl learner permit (now expired) but was not driving a CMV. Also at the same time, I got a driving while license revoked and child restraint ticket. I did not know my license were revoked until i was stop, however, I got this straightened out on my own because it was no fault of mine. Then I hired an attorney to take care of the tickets for me. My attorney gets the DWLR and child restraint dismissed but gets a PJC on the reckless driving. Months later, I receive notice from DMV that I have 4 points on my license for reckless driving and was told that when i was stopped I had a CDL permit and a PJC would not keep points of my license. My lawyer says that a PJC should not carry points. Who is right here? What if anything can I do now to get my license points cleared?

Asked on 5/05/13, 8:17 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

I already explained to you in my prior answer that a PJC is completely ineffective if you have a CDL license (even a permit counts). So DMV is correct that you have now have 4 points on your license and probably a nice little insurance increase to boot. Your attorney should have inquired whether you have a CDL license or not (relying on your traffic ticket to have the correct information is insufficient - a formal driving history record check should have been requested) - that is a standard question on our traffic intake sheets and is something I personally look into on every PJC request I make because it is so critical. You should go back to your attorney, explain the problem and ask them to fix the situation at no addition cost to you. If the attorney gives you any grief about it, simply explain to them that you will consider looking into a malpractice claim as well as a grievance to the NC State Bar - that will change their tune quite quickly.

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Answered on 5/05/13, 8:57 pm

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