Have you ever received a speeding ticket in North Carolina? Did you just pay it off by mailing back the citation with payment? If you did that you probably found that your insurance rates went through the roof. Filing a motion for appropriate relief may be a way to reverse the bad effects caused by that decision.
When you pay a traffic ticket you are pleading guilty. When you plead guilty to a traffic offense, points are applied to your driving record and to your insurance record. What does this mean? It means your insurance rates will increase. In North Carolina, insurance companies can surcharge you per point placed on your record. This is why it is good to consult with Attorney before your scheduled court date. My advice is DO NOT pay off your Raleigh area traffic ticket until you speak with a Wake County Speeding Ticket Attorney.
If you are looking for a Traffic Defense Attorney and or an Attorney to handle a speeding ticket in Wake County Please Call The Law Offices of Wiley Nickel, PLLC at 919-585-1486.
If you paid your ticket and are seeking to escape the consequences of that mistake there is a way to reverse the points by having the case re-opened. This is called a motion for appropriate relief. Legal documents must be filed and served on the District Attorney’s office requesting that the case be re-opened. You should contact a traffic ticket lawyer in your area to assist you with this. It is not cheap, but it will save you insurance points and money in the long run.
The Law Offices of Wiley Nickel assists clients with representation with Wake County Traffic Tickets, Traffic tickets in Raleigh, License Restorations, reckless driving charges, high speed violations, warrant strikes, and other infractions. Feel free to contact us at 919-585-1486 for a free consultation.
A Motion for Appropriate Relief (also called a MAR Motion) is a motion that can be filed on behalf of the defendant after the Judge or Jury's Verdict. The motion re-opens the case (much like an appeal) but the case stays at the District or Superior Court trial level. The basis for the motion depends on when it is filed. MAR's filed within 10 days of the verdict can assert more errors than MAR's made beyond ten days. A MAR Motion is often a better idea than an appeal and in some cases can be filed even if the Defendant has appealed the verdict. Errors that can be asserted within the 10 day window include:
- Any error of law
- A verdict that is contrary to the weight of the evidence
- The defendant did not receive a fair or impartial trial
- The sentence was not supported by the evidence presented
Outside the 10 day window there are nine (9) errors that can be the basis for a MAR Motion.
- Acts that Do Not constitute a Violation of Law
- Examples include when the statute proscribing the crime for which the defendant was convicted was repealed before he or she committed the offense at issue or when the defendant was convicted of sale of a controlled substance in violation of G.S. 90-95(a)(1), but the substance that the defendant sold was not a controlled substance.
- Trial Court Lacked Jurisdiction
- Examples include an assertion that an indictment was fatally defective or an allegation that an unreasonable period of time elapsed between the entry of a prayer for judgment continued (PJC) and the entry of judgment.
- Unconstitutional Conviction
- Examples include an ineffective assistance of counsel claim or a claim asserting that a guilty plea was not knowingly, voluntarily, and intelligently entered.
- Unconstitutional Statute
- This includes situations where the defendant was convicted or sentenced under a statute that violated the United States or North Carolina constitutions. An example would be asserting that a habitual felon statute violates the double jeopardy clause.
- Constitutionally Protected Conduct
- This could include situations where the conduct leading to a disorderly conduct conviction was protected by the Free Speech Clause of the First Amendment or where the defendant was convicted of a crime against nature for private consensual homosexual sex between adults and alleges a violation of due process rights.
- Retroactive Change in Law
- In some situations a defendant can assert a claim that there has been a significant change in law (either substantive or procedural) applied in the proceedings leading to the defendant’s conviction or sentence, and retroactive application of the changed legal standard is required. The change in law could be the result of an appellate case or from new legislation from the North Carolina General Assembly.
- Sentence was Unauthorized, Illegal or Invalid
- An example of an error of law with regard to the sentencing would be when the trial judge sentences the defendant under the Fair Sentencing Act but the applicable law is in the Structured Sentencing Act.
- Sentence Fully Served
- This could apply where the defendant is in jail and is entitled to release because the sentence has been fully served. It could also apply when the Department of Correction (DOC) has not complied with a judge’s ruling ordering credit for time served - and if such credit was given then the defendant would be entitled to be released from jail.
- Claim of Newly Discovered Evidence
- This is a more complex area of the law but could include the discovery of new evidence that was unknown or unavailable at the time of trial and could not with due diligence have been discovered or made available at trial, including recanted testimony.
If you think that you have been unfairly convicted, and would like to see if it’s possible to re-open your North Carolina District or Superior Court case by using a Motion for Appropriate Relief (MAR) please contact the Law Offices of Wiley Nickel, PLLC. We serve Wake County, Chatham County, Durham County & Orange County and offer free initial consultations.
In the North Carolina court system, a post-conviction challenege to your conviction or sentence, whether after a jury trial or a guilty plea, involves filing a motion for appropriate relief (MAR). With this type of litigation we request for whatever relief you need. This can include a dismissal of all charges, a new trial, or a new sentencing hearing. However, litigating a motion for appropriate relief (MAR) is not easy. It requires a review of all previous pleadings and hearings, interviews of various witnesses, research into key legal issues, preparing affidavits and supporting documents, and coming up with a persuasive and convincing motion.
The Law Offices of Wiley Nickel can help fight your conviction with a MAR. . We can tackle the tough issues often raised in these situations, including ineffective assistance of counsel and prosecutorial misconduct. We can help assemble any newly discovered evidence that may exist, including recanted testimony by alleged victims and other witnesses. We fight hard for our clients in this type of litigation.