Teens to Face Mandatory Arrest and License Suspension for Speeding Tickets
Beginning January 1, 2012 Charlotte Police have been empowered under a new North Carolina law to arrest any 16 or 17 year old who carries a learner’s permit or a provisional license if that person is charged with a “criminal moving violation”. Further, along with being arrested there is an automatic license suspension for thirty days regardless of whether the teen is convicted of the offense. There is no charge to discuss your driving privilege with a Charlotte traffic attorney of Rosensteel Fleishman.
Criminal moving violations include things like Driving While Impaired and Illegally Transporting Spent Nuclear Fuel. However, more mundane violations like speeding more than 15 mph over the speed limit and speeding more than 80 mph also qualify as a “criminal moving violation”. That means that a 17 year old who is cited with 72 mph in a 55 mph zone is going to be handcuffed, arrested, have a mug shot taken and fingerprinted. Further, that teen is going to immediately lose her license for thirty days and may have to post a bond to be released. Similarly an 81 mph in any mph zone or any reckless driving offense would trigger the arrest and suspension of the license.
This law is not limited to the teen that is driving the automobile. For example, failing to remain at the scene of an accident as a passenger, or allowing someone else to operate your car in a speed competition can result in an arrest and suspension.
The Charlotte traffic lawyers and staff of Rosensteel Fleishman invite you to contact our office to discuss your traffic ticket. The consultation is free and there is no obligation.
Effective October 1, 2012 there is no longer a requirement that the law enforcement officer actually arrest the provisional licensee. The officer is still required to submit the paperwork to suspend the license of the driver and the officer may arrest the driver but is no longer required to do so. There are procedures for contesting the license suspension but there are strict time limits for doing so. Any provisional driver placed in that position should contact an attorney immediately to preserve the right to contest the suspension.