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Brandon M.
Brandon M., Counselor at Law
Category: Traffic Law
Satisfied Customers: 12237
Experience:  Licensed Attorney
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hello. I recently got a speeding ticket in North Carolina for

Resolved Question:

hello. I recently got a speeding ticket in North Carolina for going 72mph in a 55mph zone. My home state is Wisconsin. I changed my name in May and haven't received my new license yet, so I gave the police my license with my old name. This ticket, because it's over 70mph, requires me to go to court or have a lawyer go for me. My question is, because the ticket is not in my now legal name, will the ticket travel to the new license with my new name or not?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

Hi

Customer:

Is there a place I can view the answer?

Brandon M. :

Hi, thank you for your question.

Brandon M. :

I actually just needed to collect a bit more information first, if I may.

Brandon M. :

You mentioned that you had changed your name in May but hadn't received your new license yet...

Customer:

yes

Brandon M. :

had you applied for a new license at the time that you received the North Carolina speeding ticket?

Customer:

yes, the license arrived at my house (in wisconsin) however I'm on a roadtrip and it hadn't arrived at the beginning of the trip

Customer:

I applied in june i got the ticket yesturday

Brandon M. :

Thank you. Last question--may I safely assume that your driver's license number is XXXXX same on your old license as it is on your new license?

Customer:

i can't be sure (because I haven't seen the new one) but i think it is

Brandon M. :

I will assume that it is, because that is the normal protocol. I should clarify that if for some unlikely reason your license numbers do not match, the answer to this question could change. That said, a change in the name on a driver's license will not conceal or protect the driver from a speeding ticket following them. Where the license number remains unchanged, which is the normal protocol, any speeding ticket will follow the driver. Your situation is not especially uncommon--although marriage and divorce are the most common reasons for a name change (and those happen pretty frequently), name changes will come up fairly frequently. To ensure that defendants are tracked not just for tickets but for other vehicle or ID-related offenses, people are tracked by their license number first and secondly by their name.

Brandon M. :

Does that make sense?

Customer:

yes, thank you. I will work on finding a lawyer to physically represent me. May I ask you another question?

Brandon M. :

Yes, certainly.

Brandon M. :

I apologize for the slight delay responding... I did not see your post initially. Yes, please feel free to ask a different question, but please also let me verify that you were satisfied with the answer already received (and please allow me the opportunity to improve my answer if not).

Customer:

no problem! on this roadtrip (I began on june 15th) I have been driving too fast and have recieved four speeding tickets. one in idaho, one in new mexico, and two in north carolina (on the same day yesturday). i paid the idaho one with a money order, plan to pay the new mexico one online, and one of the tickets in north carolina can be payed online and the other (the one I asked about before) requires me to meet in court. I was wondering how all the tickets affect my license and how having the three other ones will look in court? thanks

Brandon M. :

Yikes... well, that's going to require just a bit of research, but I can look into it if you don't mind being patient. Do you happen to have the code sections that you are alleged to have violated in each of these speeding events?

Customer:

thanks, XXXXX XXXXX 20-141(B) be one?

Brandon M. :

Yes, it would.

Customer:

okay i'll try to find the others

Customer:

that one was for the North Carolina ticket that does not require a court date. statute 66-7-301 is the code for the new mexico ticket.

Brandon M. :

Thank you. I am looking at those while you continue gathering your information.

Customer:

For the north carolina ticket that does require a court date it's code is G.S. 20-141(J1). and the idaho ticket has already been payed so I no longer have the ticket or code. Thank you.

Brandon M. :

No problem. Do you know what your speed was for the Idaho ticket?

Customer:

It was for going 76mph in a 75mph zone

Brandon M. :

You were one mph over the speed limit?

Customer:

yes. also I'm 18 so I don't know if they're are stricter rules for younger drivers or now that i'm 18 it's all the same

Brandon M. :

No problem. Please allow me just a few minutes. Because there are tickets from multiple states involved, the question requires a bit more research. Thank you for your patience.

Customer:

thanks

Brandon M. :

Were you traveling over 55 mph each of the times that you were ticketed?

Customer:

yes

Brandon M. :

Thank you for your patience.

Brandon M. :

It will be just one more moment. Thanks.

Brandon M. :

I am sorry to report that a driver's license suspension would be expected where a Wisconsin driver is charged with driving 76 mph in a 75 mph zone in Idaho, 72 mph in a 55 mph zone in North Carolina, violating New Mexico Statute 66-7-301 (which may include several types of speeding offenses), and simple speeding in North Carolina (in excess of 35 mph in a corporate zone or 55 mph outside of corporate limits), N.C. General Statute 20-141 subd.(b).

Brandon M. :

The typical suspension time would be 2 months.

Brandon M. :

(For a first suspension).

Customer:

my drivers license hasn't been suspended yet, but are you guessing that will be the result of the court case in north carolina?

Brandon M. :

There are two ways a driver's license can be suspended. One is by court order. The other is an administrative suspension. An administrative suspension is where the DMV receives notice of the various offenses and suspends the license without a court's order. An administrative suspension would not occur until the offenses were reported to the DMV, and that could take weeks or months.

Customer:

nevermind i reread your reply and got my answer. thank you

Brandon M., Counselor at Law
Category: Traffic Law
Satisfied Customers: 12237
Experience: Licensed Attorney
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