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Old SC speeding ticket affects NC driver moving to SC?

  • I am a NC drivers license holder. I was trapped for 90 in a 60 while driving in SC. The magistrate stated that I could plead no contest, the points would not show up on my NC license, and the penalty would be reduced to 4 points (which did not affect me, he said). 4 points is 'over 15 mph over but under 25 mph over.' I took this bargain. That was August of 2002. The violation never appeared on my NC license, and likewise never showed up on my NC insurance through any consumer groups of any kind. I have even changed insurance carriers since then. I have accepted a full time position in SC starting late January, 2004. I could live in either SC or NC due to the job's location. I would prefer SC, as the taxes are slightly less, cost of living is less, etc. However, whether I live in SC or not largely depends on the situation about the ticket. My question is whether I will recieve a SC drivers license with the SC violation on it, even though I was a NC driver when the violation occured. If so, will the violation be accompanied by the 4 points. If this is the case, how could that affect my insurance? I plan on celebrating my employment fresh out of college with an expensive car, so insurance will already be a little high. I would love for it not to be higher. How long will the violation be active on my record (I believe in NC the duration is 3 years)? Would there be a way to further reduce the penalty before/after I move to SC? I have searched extensively, but mine seems to be a unique situation where no one moves to the state where the non-resident violation occured. Unfortunately, SC has limited information on it's DMV website. I also have never had any moving violations on my NC license, so nothing would transfer to SC from NC but a big fat zero. I think these questions are very closely related, so if you find that one source, youve made my day! Thanks for any help you can provide! -i_am_ed

  • Answer:

    Dear i_am_ed-ga; Thank you for allowing me an opportunity to answer your interesting question. I have spent more than two decades in law enforcement and I have been certified with the National Crime Information Center (NCIC) since 1981. I have also held certifications in two states on their statewide networks (MULES and ACIC) so I have a considerable understanding of traffic laws both inside and outside my state, particularly in areas related to license records and diver histories. In the mid 1960’s, the National Conference of Commissioners on Uniform State Laws developed a cooperative concept called the “Traffic Violations Compact” whereby bordering states could rely on their neighbors to help enforce traffic laws uniformly, especially when violations involve non-residents. In the late 1960’s this became known as the “Traffic Summons Reciprocal Agreement” and included a number of jurisdictions primarily in New England. By 1977, this had become known as the “Nonresident Violator Compact of 1977” and it’s bylaws were ratified in 1988. Today, more states participate in this interstate compact agreement than those that choose not to. Here is a list of member states that share driving history information (you can see that NC and SC are both participants in this interstate compact agreement): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky - Joined 8/96, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming Having said that, here’s the deal…if your ticket does not show up on one license now, it won’t show up on another license later. Had the ticket been recorded in your driving history however, the Interstate Compact would have REQUIRED it to be carried over to your new license. Since it isn’t currently listed in your history of violations it never will be. For insurance purposes though, if asked about past violations, you may be liable to honestly disclose violations dating back as far as 7 years (depending on your insurance carrier’s requirements), but in large part a simple speeding violation stays on one’s record for only about 3 years. In your case though, since it isn’t part of your driving history now, it likely won’t be, even if you obtain a new license in a different state. Here is North Carolina’s interstate compact agreement: NCGA GENERAL STATUTES http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/ByArticle/Chapter_20/Article_1C.html This is South Carolina’s version of the compact agreement: SOUTH CAROLINA CODE OF LAWS http://www.lpitr.state.sc.us/code/t56c025.htm The bottom line if the state dropped the ball (which does happen sometimes) by not reporting your driving history, or, through some agreement with the court that allowed you to enter a plea of no contest in exchange for a clear record (which is a fairly common practice, especially with first time offenders), the states will not come back and penalize you later by putting the violation back on your driving history simply because you obtained a new license in another state. Hey...Lucky you! Now – as for a reduction in insurance rates: You can attend a brief defensive driving course (usually only 8 hours for a nominal fee) and qualify for a reduction of adverse driving points for insurance purposes. Most states and most insurance companies recognize this as a means of reducing point values and premiums – and for some people a reduction of only a couple of points can significantly reduce their premiums! Your insurance underwriter can give you more information about these classes, where they are offered and how much they cost. He/she may even be able to help you schedule one or at least, recommend one to you. If they can’t, the nearest DMV, Driver’s Control Office or State Police Headquarters probably can. I hope you find that that my research exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us. Best regards; Tutuzdad-ga INFORMATION SOURCES INTERSTATE COMPACTS http://www.criminaldefensedenver.com/interstatecompact.htm DEFINING COMPACTS: JURISDICTIONAL AGREEMENTS http://www.aamva.org/drivers/mnu_drvCompacts.asp DRIVER LICENSE COMPACT (DLC) http://www.aamva.org/drivers/drv_compactsDLC.asp NONRESIDENT VIOLATOR COMPACT (NRVC) http://www.aamva.org/drivers/drv_compactsNRVC.asp GRAVES H WILSON, JR, Esq. http://www.graveswilson.com/ SEARCH STRATEGY SEARCH ENGINE USED: Google ://www.google.com SEARCH TERMS USED: INTERSTATE COMPACT AGREEMENTS DRIVERS COMPACT AGREEMENT TRAFFIC VIOLATIONS COMPACT DRIVERS LICENSE COMPACTS PARTICIPATING STATES COMPACT AGREEMENTS SOUTH CAROLINA CODE NORTH CAROLINA CODE

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