Texting While Driving Defense - Clark Law, PLLC

Texting While Driving Lawyer - Charlotte & Mecklenburg County, NC

A texting while driving citation in NC does not add DMV points for most adult drivers - but it does appear on your driving record. For CDL holders, the stakes are much higher. Clark Law pursues the most favorable resolution available.

What Is Texting While Driving in NC?

Under G.S. 20-137.4A, it is unlawful for any person to operate a motor vehicle on a public street or highway while using a mobile telephone to manually enter multiple letters or text in the device as a means of communicating with another. The statute applies to all drivers regardless of age, though additional restrictions apply to drivers under 18.

For adult drivers, a texting while driving conviction carries a $100 fine plus court costs. Unlike many other traffic violations in North Carolina, a texting conviction does not add DMV license points for adult drivers. However, the conviction does appear on your driving record. For CDL holders, the consequences are significantly more serious. For a full overview of traffic charges Clark Law handles, see all practice areas.

Under-18 Drivers - Stricter Standard

Drivers under the age of 18 in North Carolina are subject to a more expansive prohibition. Under G.S. 20-137.3, any use of a mobile telephone or other wireless communication device while operating a motor vehicle is prohibited for drivers under 18 - including hands-free use. This is a broader restriction than the adult texting ban and carries its own penalty structure.

If a driver under 18 receives a citation under G.S. 20-137.3, the consequences can affect their provisional license and driving privileges. Clark Law evaluates the best available defense for minor drivers in these situations.

CDL Holders - Serious Traffic Violation Risk

For commercial driver's license (CDL) holders, texting while driving is classified as a serious traffic violation under federal regulations (49 CFR 383.51). This is true regardless of whether the driver was operating a commercial vehicle at the time of the citation. Two serious traffic violations within a three-year period can result in a 60-day CDL disqualification. Three serious violations within three years can result in a 120-day disqualification.

CDL holders should not handle a texting while driving citation without an attorney. See Clark Law's CDL ticket defense page for more information on the stakes involved for commercial drivers.

How Clark Law Defends Texting While Driving Cases

Christopher Clark is a former prosecutor with the Miami-Dade State Attorney's Office. He understands how distracted driving cases are built and where they are most vulnerable. Common defense considerations include challenging the officer's ability to observe the specific type of device use from a moving patrol vehicle, and whether the device use alleged actually falls within the statutory definition.

Clark Law pursues dismissal where possible and negotiated reductions in all other cases. Clark Law handles the court appearance in Mecklenburg, Union, and Cabarrus counties on your behalf - most clients do not appear in court.

Texting While Driving - Key Facts

Item Detail
NC Statute (Adults) G.S. 20-137.4A
NC Statute (Under 18) G.S. 20-137.3 (any handheld device use prohibited)
DMV Points (Adults) None
Fine $100 plus court costs
Driving Record Conviction appears on record
CDL Holders Classified as serious traffic violation - potential disqualification

Counties served: Mecklenburg, Union, and Cabarrus.

Attorney Fee

Texting While Driving Defense: $175

Fees listed are standard rates for most cases. Some matters may require a custom quote based on complexity. Clark Law, PLLC reserves the right to decline representation at its discretion. View full pricing.

Serving These Counties

Clark Law defends texting while driving charges across Mecklenburg County, Union County, and Cabarrus County.

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About Clark Law, PLLC

Mailing Address:
Clark Law, PLLC
3919 Providence Road South
Suite B #320
Waxhaw, North Carolina
28173

Phone: (704) 244-3333

Email: [email protected]

Counties We Serve

Mecklenburg County
Union County
Cabarrus County