What's new?

Plenty. In this first issue of Ignorance is No Defense, we look at a variety of new laws in North Carolina that can directly impact you. Ignorance is No Defense, the title of our newsletter, is a legal adage. It means that not knowing that law, is no defense to violating it. Through our quarterly newsletter, our goal is to keep you informed of important developments in the law. We also hope that as you read successive issues of Ignorance is No Defense that you get to know the lawyers and staff of Bachman & Swanson a little bit better along the way. Enjoy.

New Cell Phone Law in NC?

Did you hear that effective July 1, 2008, it was illegal to talk on your cell phone and drive? If you did, you are like thousands of other North Carolinians who received an e-mail message notifying them of this "new" cell phone law. One small problem: there is no such law. It was a hoax. While talking on a cell phone and driving may not be a good idea, it is not illegal in North Carolina. For a list of states where it is illegal to drive and talk on your cell phone go to www.bachmanswanson.com and view the chart shown under "in the news." Laws regarding cell phone usage in North Carolina include a prohibition for anyone under 18 years of age using a cellphone while driving (G.S. 20-137.3) and a law making it illegal for school bus drivers to use a cell phone while driving except in case of emergency (G.S. 20-137.4)

99 Bottles of Beer on the Wall

North Carolina General Statute 18B-302 has been amended recently to provide for a one-year revocation of the drivers license of any person convicted of giving Alcoholic beverages to, or aiding and abetting the purchase or possession of alcoholic beverages by, an underage person. The act allows for a limited driving privilege during the period of revocation. So if you’ve got 99 bottles of beer on the wall, 99 bottles of beer, when you take one down, and pass it around, STOP and ask for ID.

The Patriot Act

A Quarterly Review

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or "Patriot Act" was signed into law on October 26, 2001 by President George W. Bush. Few of us have read the more than 342 pages that comprise the final bill, its details remaining largely a mystery. In keeping with the spirit of our newsletter, we will endeavor from issue to issue to bring you a summary of the Act, one title at a time. We begin with a summary of Title I: Enhancing Domestic Security against Terrorism. Among other things, this first of ten titles of the USA Patriot Act establishes a fund for counterterrorist actions, condemns discrimination against Arab and other Americans, increases funding for the FBI’s Technical Support Center, allows for the use of the military when weapons of mass destruction are involved, and expands existing Presidential powers to deal with terrorism cases. More info here!

Accidents Happen… Don’t Forget to Claim Loss of Use!

And when they do, you need to be informed of your rights. This regular feature of Ignorance is No Defense will examine one area of accident law each issue, beginning with the topic of "Loss of Use." After an accident, it can take several weeks before the claim is settled for the repair of your car and for the work to actually be performed. North Carolina law provides for an injured party to claim special damages known as loss of use for situations in which the damage to the party’s vehicle can be repaired at a reasonable cost and within a reasonable time. The measure of damages to be recovered is the cost of renting a similar vehicle during a reasonable time for repairs

Feature

Imagine coming home from vacation and finding all of your belongings on your front lawn, rifled through by your neighbors. Shocking? Well that’s what happened to Jonesboro, Georgia resident, Bridget Harris, when she returned to the house she rented only to discover that the landlord’s mortgage had been foreclosed and the bank had been put in possession of the house. The bank directed the sheriff to evict Ms. Harris and remove her belongings from the house even though she was away on vacation. Sadly, Ms. Harris had no knowledge of her landlord’s financial troubles or impending foreclosure.

Feature contd.

Fortunately, in North Carolina this should never happen. Thanks to recent amendments to North Carolina foreclosure laws, a lender must provide a renter with actual notice of his intent to foreclose. Once a renter receives that notice, he has the right to his intent to take possession of the property. For more info: NCGS 45-21.17(4))

Traffic Law Center

An important part of our practice is ”The Traffic Law Center,” the name under which we market to clients seeking assistance with major and minor traffic-related offenses. As a service to our clients, we provide periodic updates of recent changes to North Carolina traffic law. Here are a few we thought you might find of interest.

More Inspection Time and Fees

In the past if your car failed inspection, you had 30 days to have it reinspected with reinspection limited to whatever was repaired. Effective July 1, 2008, the time in which to present the vehicle for reinspection is increased to 60 days. A $50 fee must be paid when registering your vehicle if you have not had it inspected within four months of the due date for inspection. Going beyond the four months still carries a $250.00 penalty ($100 for 1981 and older cars).

Move-Over Law Expanded

G.S. 20-157 has been expanded to broaden the definition of a public service vehicle for which a motorist must move over and change lanes when passing. The current law provides that: ”…when an authorized emergency vehicle or any public service vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe

(1) Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle or

(2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle.

Editor's note:

For the first of what we hope to be many issues of our company newsletter, we wanted to bring our clients and other readers up to date on important changes to the laws in our State. We plan to continue providing a summary of the US Patriot Act in the next several editions of Ignorance is No Defense. Future issues will be more expansive in their subject matter, but will continue to focus on bringing practical legal information to our readers. We hope you enjoy the articles and invite you to contact us with your comments and/or questions.

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