Whenever a North Carolina motorist receives a traffic ticket in North Carolina, they can be assessed two different types of points, drivers’ license and insurance points.

Drivers’ License Points:

The North Carolina Division of Motor Vehicles maintains a record of convictions and automobile accidents (for those in which the police are called) for every person licensed or required to be licensed.

The NC DMV will assign points for convictions of North Carolina's Motor Vehicle Laws in accordance with the schedule below. If you accumulate 12 or more points within a three-year period, the NC DMV may suspend your license. The first suspension of your driver's license under the point system shall be for no more then 60 days. The second suspension shall not exceed 6 months and any subsequent suspension shall not exceed one year. If you are in danger of losing your license because you have accumulated too many drivers’ license points, the NC DMV may allow you to attend the Driver Improvement Clinic and have three points removed from your record. This, however, does not remove the points from your insurance. You can only take this Driver Improvement Course once every 5 years.

Once your license has been suspended, you can face a second suspension of your license if you accumulate 8 or more points during the three-year time period immediately following the reinstatement of your license. If you are convicted of two or more traffic offenses which were committed on a single occasion, then you will only be assessed driver's license points for the offense having the greater point value.

Schedule of Drivers’ License Points

5 Points
• Passing a stopped school bus

4 Points
• Reckless driving (Misdemeanor)
• Hit and run, property damage only (Misdemeanor; If personal injury = Felony)
• Following too closely
• Driving on wrong side of road
• Illegal passing

3 Points
• Running through a stop sign
• Speeding in excess of 55 miles per hour
• Failing to yield right-of-way
• Running through red light
• No driver's license or license expired more than one year
• Failure to stop for siren
• Driving through safety zone
• No liability insurance
• Failure to report accident where such report is required
• Speeding in a school zone in excess of the posted school zone speed limit

2 Points
• All other moving violations
• Failure to properly restrain a child in a restraint or seat belt

1 Point
• Littering (G.S. §14-399) involving use of motor vehicle

0 Points
• Seat beat violation
• Improper: equipment, plates, registration, muffler, inspection sticker display

Points are only assessed for convictions of violations which take place within the State of North Carolina and if you have a North Carolina Driver's License or if that state transfers the ticket to the NC DMV under a compact. If you have an out-of-state drivers’ license, the NC DMV will only maintain a record concerning an out of state driver if a ticket is issued against that driver in North Carolina. If your state of licensure is a reciprocal state with North Carolina under the compact, then North Carolina may notify your state of licensure of the conviction. Your license will then be dealt with in accordance with your state's law. However, the NC DMV can suspend the driver's license of any North Carolina operator if they are convicted of an offense in another state, which if committed in North Carolina would be grounds for suspension or revocation of their license. N.C.G.S. §20-16(7).

If you have an out of state license and commit an offense which is cause for suspension or revocation in North Carolina, the NC DMV cannot suspend you driver's license but can suspend or revoke your privilege to drive in North Carolina. They will also notify your licensee state which may take additional action.

If you receive a notice from the NC DMV concerning suspending or revoking your driving privilege in North Carolina, you are entitled to a hearing if you follow the guidelines and procedures set out in the notice. Some offenses are cause for suspension without an opportunity for a DMV hearing. If that is the case, there is the possibility of obtaining a limited driving privilege through the court system.

Insurance Points

The automobile liability insurance rates which are paid by licensed drivers in North Carolina are determined by five factors:

• The basic North Carolina automobile insurance rates which are set out in the North Carolina Personal Automobile Manual. Also see the NC Rate Bureau
• Insurance points which they have accumulated during the past three years for moving violations and accidents
• Whether their insurance company has transferred their coverage to the reinsurance facility
• What region of North Carolina they live in
• Whether they have three years or less driving experience

North Carolina drivers will be assessed insurance points if convicted of a moving violation or if they have an at fault accident during a three year experience period. This three-year period is determined to be the three-year period immediately preceding the date of application, or the date of preparation of renewal of your insurance policy. A conviction includes pleas of guilty, no contest, suspended sentences, forfeiture of bail and the payment of court costs and a fine. Each household may receive one Prayer for Judgment Continued (PJC) every three years without it counting as a conviction. Prayer for Judgment Continued upon the payment of costs, without more, does not constitute the entry of judgment. N.C.G.S. §15A-101 (4a).

Table of Insurance Points

12 Points
• Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle 
  (Felony)
• Prearranged highway racing or knowingly lending a motor vehicle to be used in a
  prearranged race (Felony)
• Failure to stop and render aid when involved in an accident resulting in bodily injury or death
  (hit-and-run driving) (Felony)
• Impaired driving, including driving a vehicle while under the influence of an impairing
  substance; driving a vehicle with an alcohol concentration of 0.08% or more; and driving a
  commercial vehicle with an alcohol concentration of 0.04% or more (a revocation pursuant
  to G.S. §20-16.5 is not a conviction) (Misdemeanor)
• Transportation of intoxicating liquors for the purpose of sale. (Misdemeanor)

10 Points
• Highway racing (not prearranged) or knowingly lending a motor vehicle to be used in the
  race
• Speeding to elude

8 Points
• Operating a motor vehicle during a period of revocation or suspension of either the driver's
  license or vehicle registration (Misdemeanor)

4 Points
• Failure to stop and report when involved in a motor vehicle accident resulting in property
  damage only (hit-and-run) (Misdemeanor)
• Reckless driving (Misdemeanor)
• Passing a stopped school bus
• Speeding in excess of 75 miles per hour (mph) when posted limit is less that 70 mp
  (Misdemeanor)
• Speeding in excess of 80 mph when limit is 70 mph or greater
• Driving by a person under 21 after consuming alcohol or drugs

3 Points
• Each at-fault accident that results in bodily injury (in excess of $1800.00) or death or total
  property damage (including the insured's property) of $3000.00 or more

2 Points
• Illegal passing
• Speeding more than 10 mph over the limit, if total speed was in excess of 55 mph but less
  than 76 mph
• Speeding 10 miles or less in excess of limit in speed zone of 55 or greater*
• Following too closely
• Driving on the wrong side of the road
• Each at-fault accident that results in total damage to all property which is in excess of
  $1,800.00 but less than $3000.00

1 Point
• Speeding 10 mph or less in excess of a speed limit of less than 55 mph*
• Any other moving violation
• Each at-fault accident that results in total damage of $1,800.00 or less*

*Points are not assigned for these violations unless the same driver has been convicted of at least one other moving violation during the experience period (the last three years).

The number of insurance points a driver receives will determine the surcharge which will be added to their insurance costs. See the surcharge table below:

Insurance Surcharge Table

Also: view North Carolina's traffic statutes

For 1-point accidents ($1800.00 or less) there is no surcharge assessed if:

• the operator was not convicted of a moving traffic violation in connection with the accident
• no licensed driver in the owner's household has a conviction for a moving traffic violation or other at fault accident during the three-year period immediately proceeding the date of application or the date of preparation of renewal of the policy
• there was no personal injury

Darl L. Fowler, P.A.

Guilford County Speeding Ticket Attorney, High Point, North Carolina DWI Lawyer, Greensboro Will and Probate Lawyer

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