tickets

[George Selby]

At 12:07 PM 8/27/01 -0400, you wrote:
>All true, BUT, remember, traffic law is NOT constitutional law. So many
>of the rights that one would normally associate with criminal law do not
>apply here (so I have been reminded).
>
>LL - NY

I think that varies considerably from state to state.  Here in NC, most 
traffic offenses are criminal, not civil cases.  In fact the only civil 
penalty I can think of off the top of my head is the mandatory immediate 30 
day suspension of your license if you get pulled and your BAC is over 
.080%.  If you get caught in such a situation, they immediately take your 
license.  You can then get it back 30 days later, and although you can 
request a civil hearing, the likelihood of you winning is very slim as they 
only have to have a majority of evidence, rather than prove it beyond a 
reasonable doubt.  You blowing a .08 is generally enough to have the 
majority of evidence.  This is the reason they made it civil, rather than 
criminal, so it would be very difficult to get out of.  Then you have your 
trial for DWI, where you can lose your license for 1 year or more on 
criminal charges.

Note:  I have never received a DWI.

***********************NOTE/DISCLAIMER: I am not a lawyer. This is just the 
basic procedure I have seen done in our local traffic court on numerous 
occasions. This is not legal advice, just the observations of someone who 
has had to sit in a couple too many courtrooms.





George Selby
83 Audi Coupe GT
gselby4x4 at earthlink.net