| Q. | I just received a ticket and the officer told me that I could pay the fine and court costs directly to the clerk’s office and would not need to appear in court. Is that true? |
| A. | There are some offenses for which you can waive your right to appear in court and simply pay the court costs and fine prior to your court date. However, if you pay the amount due without appearing in court, you are admitting guilt or responsibility for the charge. This may have an impact on your driver’s license and on your automobile insurance. You therefore should seek the advice of an attorney before waiving your right to appear and paying the ticket in advance. You should also read the information on your ticket carefully. |
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| Q. | I received my ticket in another county. Can I handle the ticket in my home county, or will I have to travel to the county where I received the ticket? |
| A. | You will have to handle the ticket in the county where you received the ticket. You may want to retain an attorney in that county. |
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| Q. | Because of a traffic violation, DMV or the court has revoked my driver’s license. I still need to commute to and from work. Is there anything I can do? |
| A. | In certain circumstances, the court may grant you a limited driving privilege. This will allow you to drive under very limited circumstances, such as commuting to and from work. You should discuss with your attorney whether you may be eligible for a limited driving privilege. |
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| Q. | I have been convicted of DWI and the court has ordered me to install an ignition interlock device on my car. What is an ignition interlock? |
| A. | The ignition interlock is a device that analyzes the alcohol concentration of a person's breath. It resembles a CB radio. There is a control module that attaches under the vehicle's dashboard or beside the front passenger area console. The mouthpiece into which the driver must blow is attached to the control module by a coil cord.
In order to start the vehicle, the driver must (1) blow into the sample head
and (2) press a button on the device in a particular sequence. The device is
calibrated at a particular alcohol concentration. A driver whose alcohol
concentration exceeds this calibrated level will be unable to start the
vehicle and will be "locked out" by the device for a period of five to thirty
minutes, depending on the alcohol concentration level. At the end of the
lockout period, the driver may attempt to start the vehicle again.
Once the automobile is operating, the device will randomly require the driver
to blow into the sample head (1) at some point between five to fifteen minutes
into the trip and (2) again at some point fifteen to forty-minutes into the
trip. These tests can be accomplished without stopping the vehicle and
therefore are called "rolling tests."
At the sixty-minute mark of every trip, the device will inform the driver that
he or she must perform a standing test. The driver must stop the car and
perform the same procedures he or she used to start the vehicle initially.
If the driver does not perform a rolling or standing test when requested, the
device will cause (1) warnings to issue from the control module and (2) a
siren to begin sounding from under the hood. At no time, however, will the
device cause the car to cut off while it is in operation.
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| Q. | Who do I contact to have this device installed? |
| A. | To date, DMV has approved only one interlock vendor – Monitech, Inc. Monitech has installation centers in various locations around the State. You or your attorney should contact Monitech directly at 1.800.521.4246 to arrange for installation. You can also visit Monitech on line at www.monitechnc.com.
A law enforcement officer has seized my car because I or someone else committed an impaired driving offense using my car. What can I do to regain possession of my car?
The law allows defendant owners, non-defendant owners and lienholders to petition for the release of a seized vehicle. The vehicle may be released to a defendant owner, a non-defendant owner or a lienholder under certain circumstances. The Office of the Clerk of Superior Court in the county where your car was seized will have copies of the necessary petition forms. You may want to consult an attorney for assistance with the petition process. |
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| Q. | I don’t have a lawyer. What can I do? |
| A. | You can call the NC Find-a-LawyerLawyer Referral Service at 1.800.662.7660 for a referral to an attorney in your area who can assist you. |
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