As North Carolina residents prepare for the possibility of winter weather, many are wondering if they could be ticketed for not removing snow and ice from their vehicles. The answer is no. There are no specific laws in North Carolina that require drivers to remove snow and ice from their vehicles. However, drivers are encouraged to use caution when driving in winter weather conditions and take steps to ensure that their vehicle is safe to operate.
What to Do if You are Ticketed for Not Removing Snow and Ice From Your Car
If you are pulled over for not removing snow and ice from your car, it will likely depend on the discretion of the officer as to whether or not you are cited. Most times, you are not. However, if you are ticketed by an overzealous officer for not removing snow and ice from your car, your best bet is to take the citation to court. Here are a few things you can do to try and get the citation dismissed:
First, contact an attorney. The attorney may call the police department and ask to speak to the officer who issued the fine. The attorney will explain that there is no law in North Carolina requiring you to remove snow and ice from your car and see if the ticket can be dismissed.
If that does not work, you may be asked to fight the ticket in court. You will need to plead not guilty and ask for a trial. This will allow your attorney to argue your case in front of a judge or jury.
Your last option is to pay the ticket. But be sure to request a receipt so you can prove that you paid it. In this case, you will most likely have demerit points added to your license which will remain there for quite a while.
Liability in a Snow and Ice Accident in North Carolina
When a person is injured in an auto accident, their first thought may be to file a personal injury lawsuit to recover damages. The law of negligence governs these types of lawsuits and requires the plaintiff to prove four elements: duty, breach, causation, and damages. In a snow and ice auto accident, one of the most common defenses raised by the plaintiff is that the defendant failed to exercise reasonable care. This defense can be successful if the defendant's actions or lack thereof contributed to the accident.
This is where contributory negligence comes into play. North Carolina is a contributory negligence state, which means that even if the defendant was negligent and caused the accident, if the plaintiff also contributed to the accident in any way, they are not entitled to recover damages. In this case, you also need to contact a skilled criminal defense attorney who can help you with your situation and that is where we come in.
The attorneys at our firm can help you sort through the details of your case and can also guide you through the legal methods that are available to help you fight for what is in your best interest.