North Carolina has two different systems for awarding points based on traffic violations. One system is created by the North Carolina Department of Motor Vehicles (DMV) that assigns points based on convictions for traffic violations. Another system is the insurance point system that is created by the Safe Driver Incentive Plan (SDIP).
Drivers can receive different DMV points for moving and non-moving violation convictions. Depending on the severity of the moving or non-moving violations:
1 point for littering pursuant to N.C.G.S. 14-399 when the littering involves the use of a motor vehicle
2 points for all other moving violations
2 points for failure to properly restrain a child in a seatbelt
3 points for speeding in a school zone in excess of the posted school zone speed limit
3 points for failure to report accident where such report is required
3 points for no liability insurance
3 points for driving through safety zone
3 points for failure to stop for siren
3 points for no driver license or license expired for one year
3 points for running through a red light
3 points for failure to yield the right of way
3 points for speeding in excess of 55 mph
3 points for running through a stop sign
4 points for failure to yield right of way to bicycle, motor scooter or motorcycle
4 points for failure to yield right of way to pedestrian pursuant to N.C.G.S. 20-158(b)(2)b.
4 points for illegal passing
4 points for driving on wrong side of road
4 points for following too closely
4 points for hit and run, property damage only
4 points for reckless driving
5 points for aggressive driving
5 points for passing a stopped school bus.
This point system including points awarded for convictions while driving a commercial motor vehicle can be found on pages 28-30 of the North Carolina Department of Motor Vehicles 2012 Driver Handbook.
Subsequently, your driving privileges can be revoked if you are convicted of:
- Driving any vehicle more than 15 miles per hour over the speed limit, if you are driving at a speed higher than 55 mph.
It will be taken for 60 days if you are convicted of:
- A second charge of speeding over 55mph and more than 15mph above the speed limit within one year; or
- Speeding plus reckelss driving on the same occasion.
(Page 30, NCDMV 2012 Drivers Handbook)
The North Carolina Department of Motor Vehicles will accept two PJCs within a 5 year period so that your license may not be suspended. However, as discussed below, for insurance points only one PJC is recognized every three years within a household/insurance policy so that your insurance rates do not increase.
Insurance points are given using a different point system that is set up through the North Carolina Department of Insurance. These points can cause a percentage increase to your insurance policy based on the driving conviction you received. However, THERE ARE EXCEPTIONS to receiving insurance points:
Speeding 10 mph or less over the posted speed limit; provided all of the following are true:
- The violation did not occur in a school zone; and
- There is not another moving violation for the experience period (an isolated Prayer for Judgement Continued [PJC] will not count as a prior conviction for the purpose of this exception).
One PJC for each household every three years; however:
- A second PJC may cause points to be charged according to the underlying convictions.
It is important that you hire an experienced criminal defense attorney who can help you receive a PJC or moving violation that will not affect your driving record - including points with the DMV or insurance points. Call Raleigh and Wake County traffic ticket attorney Wiley Nickel today to discuss your options for your traffic ticket.