Legal Question in Traffic Law in North Carolina

I was stopped driving my brothers car which it turns out had lapsed insurance and as such the license plate was no longer valid. When I was not aware of either of those facts when I was pulled over. I was driving home from work where I had shown the car to somebody who was considering buying the car. The ticket I received was for 20-309-Traffic NO LIABILITY INSURANCE and 20-111(2)-Traffic CANCL/REVOK/SUSP CERTIF/TAG. The vehicle has since been sold. The police officer told me that I could bring a copy of the Bill of Sale to court and the case would be dismissed. I have a copy of the Bill of Sale. My questions are: 1. Was the police officer telling me the truth about the Bill of Sale resulting in a dismissal? 2. Does it matter that the vehicle was sold after the offense date ? 3. Does my complete lack of knowledge of the lapsed insurance or invalid plate help me ? 4. Do I need a letter from my brother stating that I had no knowledge of the situation (from what he tells me he didn't realize that the plate was no longer valid at the time of my traffic stop) ? 5. If none of that helps is there anything that will ? 6. What penalties am I looking at if none of this works ? 7. Are there any penalties my brother should be worried about even though he wasn't driving or in the car at the time of the traffic stop. Oh, and this all occurred in North Carolina.


Asked on 1/02/18, 8:37 pm

1 Answer from Attorneys

The short answer is you should just hire a local traffic attorney.

1. Was the police officer telling me the truth about the Bill of Sale resulting in a dismissal?

The officer wasn't necessarily wrong but the officer doesn't control the outcome the ADA does - so what the officer said may or may not work for you.

2. Does it matter that the vehicle was sold after the offense date? No.

3. Does my complete lack of knowledge of the lapsed insurance or invalid plate help me? No. It is your responsibility to make sure anything you drive on a public road is proper whether you knew or didn't know is irrelevant.

4. Do I need a letter from my brother stating that I had no knowledge of the situation? No. See answer above.

5. If none of that helps is there anything that will? Yes. Hire a local traffic attorney.

6. What penalties am I looking at if none of this works? Court cost, possible fine, possible suspension depending on your prior record, possible insurance increase.

7. Are there any penalties my brother should be worried about even though he wasn't driving or in the car at the time of the traffic stop. Likely not but possibly a charge of aid & abet if the ADA really wanted to get aggressive about the situation.

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Answered on 1/03/18, 9:50 am


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