Whether you need an attorney for the first time in your life or are in a business that quite often relies on help from an attorney, it’s important to find representation you are comfortable with and can rely on. So, whether you’ve been injured because of another person’s negligence, have traffic offenses, or need help with your estate planning, our experienced legal team can handle nearly any legal matter you have.
License revocations can result from the accumulation of driver’s license points or the conviction of certain offenses. Our firm handles restoration hearings for all types of license revocations. Please note that periods of suspension and the eligibility requirements for hearings vary. For instance, if you are convicted of two Driving While Impaired charges within a three year period, your license would be suspended for four (4) years. However, you would be eligible for a restoration hearing after two (2) years. Further, you must not commit any moving violations during the suspension period.
Restoration hearings are requested by our firm from the North Carolina Department of Motor Vehicles. We only handle hearings in Brunswick County located at the DMV Office in Shallotte.
Restoration hearings related to DWI suspensions are a two-step process. First, the DWI Interview is held by the DMV Hearing Officer. At that Interview, the Hearing Officer further determines your eligibility requirements. The Hearing Officer will provide you with a questionnaire to complete and return, a list of approved assessment agencies, information regarding witnesses for the restoration hearing, and a deadline for the completion of other requirements. You will be required to complete an assessment with an approved agency, and complete a FBI background check. Also if you have lived or worked in another State in the last seven years, the Hearing Officer may require criminal and driving histories from those States. Second, if all requirements are met by the deadline, the Hearing Officer will schedule your Restoration Hearing. At that hearing, you and your witnesses will testify regarding the restoration of your driving privilege. This hearing can last from ninety (90) minutes to several hours depending on the testimony. An attorney from our firm can assist in all steps of this process.
Requests for restoration hearings unrelated to DWI suspensions do not require an interview with the Hearing Officer prior to the hearing. Once the hearing is requested, the Hearing Officer will notify you of your hearing date. At that hearing, you and your witnesses would testify regarding the restoration of your driving privilege. An attorney from our firm can assist in this process as well.
Please contact us regarding any questions that you may have regarding your eligibility or the requirements of a restoration hearing.
The lawyers of Trest & Twigg, PLLC, Attorneys at Law, have over 50 years of combined experience handling personal injury matters. We work closely with each client from the beginning to the end of each case. We strive to provide personalized, aggressive and effective representation, and are dedicated to getting results!
At your initial appointment, we will request that you provide the following information if possible:
- Copies of any insurance, Medicaid and/or Medicare cards
- Health Insurance policy
- Accident report
- Auto Insurance policy
- Photographs of injuries and vehicles involved in accident
- Correspondence from insurance companies if any
- Medical provider contact information
- Copies of any medical billing received to date
We offer free consultations. Please contact our office today so that we may better assist you.
Wills & Estates
Estate planning documents include the following: Last Will and Testament; Durable or Financial Power of Attorney; and Healthcare Power of Attorney.
Last Will and Testament. This document is only effective at the time of your death. It allows the appointment of executors to administer your estate, the division of both real and personal property, and the appointment of trustees and guardians for minor children.
Durable or Financial Power of Attorney. This document is only effective during your lifetime. It allows the appointment of an agent to handle your business affairs in the event that you become incapacitated. This document must be recorded with the Brunswick County Register of Deeds in order to be effective.
Healthcare Power of Attorney. This document is only effective during your lifetime. This document also includes the Declaration for Natural Death also known as the Living Will. It allows the appointment of an agent to handle your healthcare needs in the event that you become incapacitated. This document allows you to make elections concerning the extent of the agent’s authority, and the withholding and discontinuation of medical treatment, nutrition and hydration.
During an estate planning interview, we will discuss the following information:
- Value and debt of all real property
- Value and debt of all personal property including motor vehicles, stocks and bonds, business interests, and retirement investments
- Provisions for minor children and grandchildren
- Provisions for surviving spouses and contemporaneous deaths
- Names, addresses and telephone numbers for executors, trustees, guardians, agents for Power of Agent and Healthcare Power of Attorney, and alternates
Our firm also handles the administration of estates.
Traffic offenses can be detrimental to your insurance premiums as well as your privilege to drive. Our District Attorney’s Office may require you to sign an Application for Traffic Offense Reduction and/or attend a Defensive Driving School for reductions of certain offenses. Please contact our firm so that we can advise you as to the best course of action related to your specific traffic offense.
The North Carolina Department of Motor Vehicles assesses the following points for traffic violations:
- 4 Points: Passing stopped school bus
- 8 Points: Aggressive driving
- 4 Points: Hit and run, property damage only
- 2 Points: Driving on wrong side of road
- 4 Points: Reckless Driving
- 2 Points: Following too close
- 4 Points: Illegal passing
- 3 Points: No liability insurance
- 1 Points: All other moving violations
In addition NCDMV may suspend your license for the following:
- Accumulation of 12 points in 3 years
- Accumulation of 8 points in 3 years after reinstatement
- Impaired driving
- Fraudulent use of license
- Offense out-of-state that is grounds for suspension in North Carolina
Within 12 months:
- Two or more speeding convictions of more than 55 mph but less than 80 mph
- Speeding in excess of 75 mph in a 70 mph zone
- One (1) Aggressive Driving and One (1) Speeding of more than 55 mph but less than 80 mph
- Speeding in excess of 80 mph in a 70 mph zone
Suspension due to points:
- 1st suspension – 60 days
- 2nd suspension – 6 months
- 3rd suspension – Not in excess of 1 year
Your insurance company may assess the following points:
- 12 points: DWI; hit and run with bodily injury or death; prearranged racing
- 10 points: Speeding to elude arrest; racing not prearranged
- 8 points: Driving during a period of suspension; aggressive driving
- 4 points: Hit and run with property damage only; reckless driving; passing a stopped school bus while displaying signs; speeding in excess of 75 in a 70 mph zone; speeding in excess of 80 in a 70 mph zone or greater; DWI and driver is less than 21
- 3 points: At-fault accident resulting in death or total bodily injury (in excess of $1800.00) or total personal property (in excess of $3000.00)
- 2 points: Illegal passing; following too closely; driving on the wrong side of the road; speeding more than 10 mph over the posted speed limit where speed was in excess of 55>75 mph; speeding 10 mph or less in a posted speed zone of 55 mph or greater
- 1 point: Speeding 10 mph or less where the posted speed is less than 55 mph; any other conviction of a moving violation
Insurance Point System:
- 1 point = 30% increase
- 2 points = 45% increase
- 3 points = 60% increase
- 4 points = 80% increase
- 8 points = 195% increase
- 10 points = 260% increase
- 12 points = 340% increase
If you have lost a loved one as the result of another person’s negligence, you may not know where to turn for help or the first step to take to ensure your legal rights are met. At Trest & Twigg, PLLC, Attorneys at Law, we are here to discuss your options and rights.
Pursuant to North Carolina General Statute §28A‑18‑2, damages recoverable for wrongful death include:
- Expenses for the care, treatment and hospitalization incident to the injury resulting in death;
- Compensation for pain and suffering of the decedent;
- The reasonable funeral expenses of the decedent;
- The present monetary value of the decedent to the persons entitled to receive the damages recovered;
- Punitive damages
We have what it takes to develop and present strong and aggressive arguments to the insurance companies, and/or Courts regarding these matters. Please contact our firm today to schedule a free consultation to discuss your possible wrongful death claim.
Estate administration involves the probate of the decedent’s estate and includes the collection of assets, handling of debts, and distribution of the remaining assets to the beneficiaries. Our office can assist you in all aspects of the probate process including but not limited to court filings and accountings, bond requirements if any, and publication of creditor claims.
At your initial appointment, we will request that you provide the following information:
- Copy of death certificate
- Original Last Will and Testament if any
- Names and addresses of all beneficiaries of the decedent
- Account information and values for any financial accounts
- List of all real and personal property of the decedent
- Names, addresses and values of any stocks, bonds, securities, insurance, retirement plans, and IRAs
- Debts due to the decedent
- Debts owed by the decedent
We offer free consultations. Please contact our office today so that we may better assist you.
Incompetency Guardianship Proceedings
When a person is or becomes mentally incapacitated, it may be necessary to initiate incompetency proceedings. Our firm represents clients seeking incompetency guardianship proceedings before the Brunswick County Clerk of Court.
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