How Do You Get a Traffic Ticket Dismissed in North Carolina?

Your options to get a traffic ticket dismissed in North Carolina depend on the type of violation. Sometimes, you can get your case waived or dismissed online, by mail, or in person, without even having to appear for your court hearing.

However, not all traffic offenses are eligible for dismissal. Depending on the violation, you may be required to go to court if you wish to fight your ticket. An experienced North Carolina traffic ticket lawyer can help you determine the best strategy in your traffic ticket case.

What Is a ‘Fixable’ Offense?

North Carolina treats certain traffic violations as “fixable.” These offenses typically do not involve dangerous driving behavior. Instead, they involve non-moving violations, such as violations of administrative rules or mechanical issues that you can readily resolve.

Fixable offenses include: 

• Driving with an expired inspection sticker
• Driving with an expired vehicle registration
• Driving with a broken taillight.

How Can a Fixable Offense Be Dismissed?

If you receive a ticket for a fixable offense, an assistant district attorney may dismiss it if you show proof that you’ve addressed the issue. For example, if you got a ticket for expired registration or a broken light, you must renew your registration or repair the light and present documentation to the court. You may be allowed to submit proof online or by mail. However, the deadlines are strict. So, you should act promptly after receiving any type of citation.

Can a Speeding Ticket Be Dismissed?

You can’t usually get a speeding ticket dismissed in North Carolina without a valid legal reason. Proving your case typically requires a court appearance. A judge may dismiss your ticket if there is a mistake on the citation or insufficient evidence (possibly due to the charging officer’s failure to appear in court).

Even if you can’t get your speeding ticket dismissed, you may have options for a plea bargain and getting the speeding ticket reduced. Having an otherwise clean driving record can work to your advantage here. The decision will be up to the prosecutor or the judge.

What Is a Waivable Traffic Offense?

A waivable offense is a minor violation that you can resolve without going to court. In these situations, the state allows you to pay the ticket fines and court costs in advance online, by mail, or at the clerk’s office. Examples include:

• Certain speeding violations
• Failure to carry a driver’s license
• Driving with improper dealer plates
• Minor equipment violations.

Waiving your right to appear in court is not the same as having your case dismissed. To get your case waived, must plead guilty and accept the penalties. The offense will also become part of your driving record.

On What Grounds Can a Traffic Ticket Possibly Be Dismissed?

You may be able to get your traffic ticket dismissed on several grounds, depending on the circumstances surrounding the offense and how the ticket was issued. Some possible grounds for dismissal include:

• Improper service of the ticket
• Statute of limitations violation
• Lack of probable cause (e.g., radar not calibrated)
• Mistake of fact (wrong vehicle, wrong driver).

The court may also dismiss your ticket if the officer who issued it doesn’t appear at your hearing. Sometimes, a prosecutor or court may dismiss the charges if you complete a defensive driving course or maintain a clean record for a period.

Can I Get a Traffic Ticket Dismissed If the Officer Didn’t Write My Name Correctly?

A minor spelling mistake on your ticket is unlikely to result in a dismissal. However, if the error is significant enough to create confusion about your identity, the court may consider dismissing the citation because it affects the accuracy of the legal document.

How Long Does a Dismissed Traffic Ticket Stay on My Record?

A dismissed traffic ticket means you did not receive a conviction for a traffic offense. It should not appear on your permanent driving record. The dismissal means the prosecutor drops your charge, and you get no points on your license. However, the fact that you had a charge may still be visible in court records. Keep documentation of the dismissal to avoid confusion in the future.

Will a Dismissed Traffic Ticket Affect My Auto Insurance?

A dismissed traffic ticket shouldn’t affect your auto insurance rates. Insurance companies typically base premium increases on convictions only and driving record points. Since a dismissal clears the charge, it should carry no penalty for insurance purposes. Still, keeping a copy of the dismissal order will help if your insurer requests verification of the outcome when reviewing your driving history.

Do I Have to Go to Court to Get a Traffic Ticket Dismissed?

You must appear in court to get a traffic ticket dismissed, or have a North Carolina traffic ticket attorney appear on your behalf. The court will not dismiss your ticket without your demonstrating grounds for a dismissal.

This process can be challenging. It requires you to show some sort of legal issue with how the ticket was issued or errors in the citation itself. An experienced attorney can prepare a defense strategy based on the facts of your case and fight in court to have the ticket dismissed.

Waivable offenses proceed differently because they involve paying a fine and accepting responsibility for the violation. These cases often don’t require a court appearance and can be handled online, by mail, or at the county clerk’s office.

Contact a North Carolina Traffic Ticket Defense Attorney Near You

If you have a ticket for a traffic violation, a knowledgeable North Carolina traffic ticket attorney can help you understand your options for handling it, including seeking to get it waived or dismissed. The Law Offices of John Drew Warlick, P.A., has over 50 years of experience representing clients accused of violating North Carolina traffic laws. Check out what our satisfied clients have to say about their experience working with us, and contact us for a consultation to discuss your case.

Visit Our North Carolina Traffic Ticket Defense Law Offices