Traffic, insurance, driving law and court procedures frequently vary among states. You should consult a lawyer who is experienced with your state's laws. The following resources are to be used only as general guides.

Traffic law issues include a driver’s driving record, insurance status, and points.

Insurance companies determine a driver’s rates by reviewing their driving records. Convictions and clean records usually have a bearing on insurance rates.

Many states use a system called points to keep track of the number and severity of a driver’s moving violations. Conviction records are sent to the driver’s state department of motor vehicles. The number of points levied for moving violations varies, depending upon the state’s analysis of severity. A driver may lose his or her license if a certain number of points are reached or if the violation is of a severe nature.

Points can increase your insurance rates significantly. A severe violation can lead to the loss of your license. An attorney can advise you as to the severity of your violation and the most appropriate course of action.

Traffic laws vary dramatically from state to state, so be sure to check within your county what their specific laws are. Some are very strict laws that you should be aware of. For example, in North Carolina, it is mandatory to have your driver’s license suspended if you are convicted of excessive speeding (20 mph over the posted speed limit). This is a strict law and not all states have it, but if you live in NC, you’d best be aware of it. Also, traffic laws may seem minor, but most may carry a jail sentence, so if you are unsure of what you are facing, you would be served by visiting an attorney versed in Traffic Laws.

There are a variety of traffic citations. Below is a list of some of the common ones that you may be convicted of. Most are laws in all states, but the punishment is what will vary.

Careless driving is a driver's failures to operate a vehicle with proper care based on the current road and weather conditions.

Child safety seats laws are very strict. Drivers with small children in the car are required by law to make sure that the children are properly seated and restrained in child car seats. The type of seat used will depend on the child’s age.

Driving while intoxicated is a very serious offense, sometimes resulting in loss of your license and even jail time.

Driving with a suspended license - A person is not permitted to drive a vehicle while his or her driver's license is suspended or revoked.

Driving with possession of illegal drugs is a traffic offense for a driver who knowingly has illegal drugs in the vehicle while driving.

Driving without insurance - A driver is not permitted to operate a motor vehicle without having the minimum amount of liability insurance. Your insurance carrier will be able to give you the requirements for your state.

Failure to observe all traffic lights, signals or signs is required in order to avoid a traffic ticket.

Failure to produce a license is a traffic offense if you are requested to do so by an officer and refuse.

Not stopping at a "stop" sign or slowing down and check for oncoming traffic when approaching a "yield" sign can produce a ticket.

If a driver makes a turn and does not follow the arrow markings on a roadway or any special turn arrow signals; they can be cited with a ticket.

Drivers cannot make U-turns where there is a "No U-turn" sign posted. At all other times it is allowed, but drivers making U-turns do not have the right of way.

If you are involved in a motor vehicle accident you must do several things before leaving the accident scene. You can find out what these are (i.e. exchanging insurance information) from your local DMV office. If you do not do all these things, you can be cited with a ticket. This is a very serious charge, especially where injuries are present.

Parking violations resulting in tickets are common. No driver may park a vehicle in any space prohibited by law, at any time.

Driving a motor vehicle in an extremely careless manner, without concern for the rights or safety of other drivers or pedestrians is called reckless driving. Again a serious offense.

A driver stopped or arrested for drunk driving may be required to submit to a Breathalyzer test and can receive a ticket if they refuse to take it.

All states now have safety belt laws, most of which state that the driver and front seat passenger are required to wear seat belts. Children are required to use car seats and no child under 12 years of age should be in the front seat regardless of their use of seat belt, due to air bags in newer vehicles.

Below is an example of the type of information you would be required to give following an accident. Again, check with specifics in your individual state.

• Name, address, phone number, driver license number, registration number, and insurance company name and policy number
• A driver must also help to get any medical assistance for the injured, if necessary, prior to leaving the accident scene
• A driver must call the police in most cases
• If you hit a parked car, you should try to find the owner and if you can’t, leave your name and address on the damaged vehicle
• Even if you hit a parked vehicle, you should still contact the police. You may be subject to penalties, which vary based on the severity of the accident and injuries caused.

Again, below is an example, of how a state may penalize you, but you should check with your local county for specific laws and penalties.

If someone is badly hurt you could find yourself facing a fine of at least $1,000 or a jail sentence of 90+ days. If someone is killed in the accident, your fine could go above $2,000 and a jail sentence may be at least one year. If there is damage to property, a fine could be $2,500 and a jail sentence of 6 months to a year. If there was damage to a parked vehicle only, a fine is normally around $300 with a jail sentence of 90 days possible. All penalties increase in severity if you do not exchange information after the accident or call the police. Your insurance company in the way of increased premiums assigns an additional “penalties”, which is usually substantial after an accident.

Insurance requirements

All vehicles that are registered must have automobile liability insurance coverage and show proof of that prior to registration or inspection.
Some states have a no-fault insurance system. This means that if a driver is in an accident, the driver’s insurance company pays for their injuries regardless of whether or not the accident was the driver’s fault. A common example of the amounts of insurance required:

• $15,000 for bodily injury or death to one person;
• $30,000 for injury or death of 2 or more person’s; and
• $5,000 property damage.

If a driver does not have at least minimum coverage, their vehicle registration and driver’s license may be suspended.

There are various fines and penalties that may be assigned. Examples follow:

A driver convicted of a traffic violation is normally required to pay a fine. The amount of the fine depends upon the type of violation.

State department of motor vehicles uses a point system to track a person’s driving record. When a certain amount of points is attained, a license will be suspended or revoked.

Although not commonly expected, a jail sentence may be imposed based on traffic laws. An attorney can discuss with you, your particular situation and whether a jail term is likely.

Point Systems vary from state to state, but below is a list of violations that would require the addition of “points” to your record. Next to it is an example of the number of points possible (mostly to show the severity of the violation-- the more points, the higher the severity). In NC, you will receive the highest number of points for passing a stopped school bus.

• Violation of restriction on driver’s license–wearing glasses, etc. - 2 points
• Violation concerning license - 3 points
• Failure to obey policeman or authorized person - 2 points
• Failure to stop for a red light - 3 points
• Failure to stop for a flashing red light - 3 points
• Failure to yield half of roadway to oncoming vehicle - 3 points
• Improper passing–overtaking vehicle on left - 3 points
• Improper passing on the right - 3 points
• Improper passing on the left – clear distance ahead - 3 points
• Improper passing on a hill - 4 points
• Improper passing at a railroad crossing or intersection - 3 points
• Improper passing at a bridge or tunnel - 3 points
• Improper passing in a non-passing zone - 3 points
• Following too closely - 3 points
• Failure to yield to driver on the right at intersection - 3 points
• Failure to yield to oncoming driver when making left turn - 3 points
• Failure to stop at stop sign - 3 points
• Failure to yield at yield sign - 3 points
• Failure to yield when entering or crossing roadway between intersections - 3 points
• Improper turning around – illegal U-turns - 3 points
• Failure to stop for flashing red lights or gate at railroad crossing - 3 points
• Failure to stop when entering from alley, driveway or building - 3 points
• Failure to stop for school bus with flashing red lights and stop arm extended (60 day suspension) - 5 points
• Driving too fast for conditions - 2 points
• Exceeding maximum speed:
  • 6 to 10 - 2 points
  • 11 to 15 - 3 points
  • 16 t 25 - 4 points
  • 26 to 30 - 5 points
  • 31 and over - 5 points
• Exceeding special speed limit in school zone - 3 points
• Failure to yield to pedestrian in cross walk - 2 points
• Improper backing - 3 points
• Careless driving - 3 points
• Leaving the scene of an accident involving property damage only - 4 points

The length of suspension based on points accumulated will depend on how many times the license has been suspended in the past. Often, points will be removed from a driver’s record each year if no moving violations or suspensions have accrued. A driver’s point total can never be less than zero.