Criminal Traffic Law FAQ
What is a misdemeanor?
What is a felony?
What is the difference between a felony and a misdemeanor?
What are my rights if I am stopped, searched, or arrested by the police?
Do I need a lawyer if I am charged with drunk driving?
Who is held responsible for a drunk driving injury?
Do I have to take a Breathalyzer test if the police ask me to?
The police did not read me my rights when I was arrested. Will my case be dismissed?
Am I at fault if I rear-end another vehicle?
What is a criminal traffic offense?
What is a civil traffic infraction offense?
What is a misdemeanor?
A misdemeanor is a petty offense. It is a less serious crime than a felony, punishable by less than a year of confinement. The confinement is in a city or county jail, rather than a penitentiary.
What is a felony?
A felony is a serious crime, such as arson or murder. In addition, if the law provides for imprisonment for an offense that is longer than one year, the offense is usually considered a felony. A felony arrest remains on your record forever and can be used against you for sentencing purposes on future cases, regardless if you were guilty or innocent of that previous charge.
What is the difference between a felony and a misdemeanor?
Generally, the potential punishment is the deciding factor in whether a crime falls into one category or the other. If imprisonment for longer than a year is the punishment provided by law, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor.
What are my rights if I am stopped, searched, or arrested by the police?
Your rights are as follows
- You have the right to ask why you have been stopped
- The police may "pat-down" your clothing if they suspect you are carrying a concealed weapon, but you have the right to refuse any additional search.
- If you are arrested in North Carolina, the police must tell you that you have the right to remain silent and the right to talk to a lawyer.
Do I need a lawyer if I am charged with drunk driving?
If you have been arrested for operating a vehicle while under the influence, it is in your best interest to contact an attorney at Hopper Law Firm. Our attorneys know the NC state laws governing a drunk driving arrest and will be your advocate and defender in your case.
Who is held responsible for a drunk driving injury?
Anyone driving under the influence of alcohol or another substance, which causes an accident, is considered negligent. The driver convicted of DUI or DWI has the liability to pay for all damages, but may not be the only person considered negligent or liable. Those who provided the alcohol may also be considered negligent and liable for damages. Many states have laws which impose liability on bars, clubs, restaurants, or hotels which supply liquor improperly.
Do I have to take a Breathalyzer test if the police ask me to?
Yes. To fail to take this is a criminal offense for which you can be charged. Immediately contact an experienced DWI lawyer at Hopper Law Firm to assist you with your case.
The police did not read me my rights when I was arrested. Will my case be dismissed?
Failure to advise you of your Miranda rights does not automatically result in dismissal of the case against you. It is possible to get your statements thrown out in certain circumstances, but you should discuss the facts of your case fully with a knowledgeable and experienced criminal law attorney at Hopper Law Firm. Contact us today.
Am I at fault if I rear-end another vehicle?
Almost always, yes. The law states that you must maintain a safe distance to be able to stop safely if a car stops in front of you.
What is a criminal traffic offense?
A criminal traffic offense such as driving under the influence, fleeing a police officer or leaving the scene of an accident, requires a court appearance and it carries with it criminal penalties which may include a fine, court costs and/or the possibility of a jail term.
What is a civil traffic infraction offense?
A civil traffic infraction is a non-criminal charge that can be disposed of by payment of a civil penalty, requesting a court hearing, or election of a defensive driving course. A court appearance is not required, except in cases where the violation involves serious bodily injury or death of another person.
