Outer Banks Traffic Tickets Entrapment

What some might think of as an unfair “speed trap,” may also be viewed by law enforcement as an effective way to reduce accident fatalities.

Vacationers bring more than hotel and restaurant dollars to the Outer Banks towns like Corolla, Hatteras, and Kill Devil Hills every year.

Traffic tickets, with the associated court costs and fines, are revenue-generators for more than just the State of North Carolina.

Certain tickets may result in increased insurance premiums and points.

"Even if you live out of state, it is very important that you hire a local attorney to deal with your ticket, as simply going online and paying it off usually impacts your license in your home state and will usually increase your insurance, and ignoring your ticket will definitely result in the revocation of your license from another state."

- Danny Glover, OBX Traffic Lawyer

No one likes getting tickets, especially if they feel like police aren’t being fair.

It’s common enough that criminal defense lawyers on the Outer Banks, those who handle a good number of traffic tickets involving visitors from DC and Virginia, are used to responding to the complaint, “I was entrapped.”

Defense lawyers may refer to entrapment as a Common Law defense to criminal charges.

It is recognized under the NC criminal laws, but the defense of entrapment is rarely if ever used in both North Carolina and on a national level.

N.C.G.S. Chapter 15A-905(c)(1)(b) mandates the Defendant give the State formal notice of certain affirmative defenses, including the defenses of insanity, duress, and entrapment.

The Defense of Entrapment requires proof that law enforcement induced the accused to commit a crime.

Chapter 15A requires police officers to use “acts of persuasion, trickery or fraud” as a means of inducing someone to commit a crime.

Essentially, police “induce” the accused to commit a crime or break the law.

But for that, the Defendant would not have committed the crime due to a lack of predisposition or intent.

"A police officer hiding his or her vehicle to catch speeders is not entrapment under the NC traffic laws."

- Danny Glover, Outer Banks Attorney

Speeding in North Carolina is a not a specific intent crime.

You do not need to intend to speed or break another traffic law in order for a traffic ticket to be issued.

As such, hiding behind a bush or a road sign in order to observe speeders is not an “inducement.”

Motorists speed without being persuaded to do so, fraud, or trickery, which would be necessary under the criminal laws of North Carolina to prove entrapment.

License revocations if convicted for certain traffic citations is possible.

Unlike DWI charges in North Carolina, rarely is there an immediate suspension or revocation simply for being issued a traffic ticket.

** Under the NC DWI laws, if the accused has a BAC of .08 at any relevant time after operating a motor vehicle, N.C.G.S. 20-16.2 authorizes an immediate civil revocation as a civil sanction. As such, the revocation is not deemed a due process violation.

Paying off a ticket in North Carolina, which is a common practice of visitors to the Outer Banks, can result in consequences not only to the ability to drive legally in NC but in your home state.

North Carolina is a participating state in the Interstate Compact. It regularly “reports back” convictions for traffic matters (moving violations) to other jurisdictions in the United States.

Under the Interstate Compact, states generally give “full faith and credit” for out-of-state convictions and NCDMV administrative suspensions and revocations.

North Carolina also recognizes convictions in other states that may adverse your NCDMV-issued driver’s license.

"Failure to timely comply with a citation can in itself result in a suspension or revocation, additional late fees and penalties."

- Danny Glover, OBX Traffic Ticket Lawyer

Danny Glover Jr. is a local OBX lawyer who helps people with speeding tickets, DWI charges, and other criminal allegations.

To be clear, some traffic matters are deemed a criminal charge in North Carolina.

Certain “high speed” citations may qualify as or otherwise be designated a misdemeanor in North Carolina.

And there are felony charges for motor vehicle offenses including Felony Hit and Run, Felony Death by Vehicle, and DWI-related manslaughter and murder charges.

If you received a ticket, we may be able to handle it on your behalf without having to return to the Outer Banks.

Danny@DannyGloverLawFirm.com