What do I do if I get pulled over or stopped by the police?

Your rights when you get pulled over:

1. You must have been pulled over because the officer had "reasonable suspicion" that you have broken the law. 
2. So if you don't get a warning, citation, or if your car is not searched, something is wrong. Even if you do not get a badge number the stop is documented.  
3. If you feel you've been wronged, contact the police station for the report and an attorney for assistance.
4. You have the right to refuse to consent to a search of yourself, your car or your home. If the police have a warrant or the right to search, they will simply begin the search, not ask your permission. 
5. I would suggest that you begin an audio recording of your encounter while your cell phone is in your pocket. You do not have to inform the officer that you are doing this, as long as you are aware of the recording, it is lawful. 

Your rights if you get stopped on the street:

1. Ask if you are under arrest, if you’re not, you have the right to calmly leave
2. If you get arrested: You have the right to remain silent. 
3. Provide identification and advise the officer that you are choosing to otherwise remain silent. 
4. You have the right to a lawyer if you are arrested so ask for one immediately. At this point, the police cannot ask you questions for an extended period of time.  
5. You've seen "First 48," if an officer says, "I can only help you if you talk,"  DON'T BELIEVE THEM! It's their job to get as much information from you as possible to help their case against you. 
6. Regardless of your immigration or citizenship status, you have constitutional rights. 
7. Police Officers are not lawyers, they are not required to tell you what the law is. If you have questions ask an attorney, but remain silent while you're in custody.  

Your Responsibilities 

1. Stay calm and be polite and do not interfere with or obstruct the police. (You attract more bees with honey) 
2. If you are pulled over: Keep your hands on the steering wheel and turn on your interior lights. 
3. Do not lie or give false documents. Remember “Law and Order,” everything you say will be used against you (and because lying is bad).
4. Remember the details of the encounter and relay them to your attorney immediately.

If you have questions about your rights contact me at (919) 321-6569, Nastasia@kisalawatkins.com, www.KisalaWatkins.com. 

In NC, how much will my insurance go up if I get points for a speeding ticket? Will my license be revoked?

Nothing can ruin your day like getting a traffic ticket! Not only must you pay your ticket fines, but you may incur insurance points increasing your premiums for the next few years! Our office can help you get your ticket charges reduced, reduce the number of points you receive and we can usually eliminate insurance points all together.

There are 2 types of points, insurance points and driving points. Insurance points affect the cost of your premiums considering every person on the policy who has incurred insurance points. Driving points affect the validity of your driver's license which can be revoked after you receive 12 points in a 3 year period. Click the links below for more detailed information: 

Driving Points Guide

Insurance Point Guide 

By paying your traffic ticket online, you are pleading responsible to the alleged crime. Because traffic infractions are criminal, give us a call before you plead responsible to any charge as you may be facing jail time or a revocation of your driving privileges. We can pull your driving record and inform you of the possible outcomes should you choose to pay the fines or hire us to assist you in getting the charges reduced. For more information contact us at (919)321-6569, nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC

I recently bought a used car and now it does not work. Am I covered under the Lemon Law?

While the "Lemon Law" in North Carolina only pertains to new vehicles, you may still recover if you purchased a used vehicle but it will be covered under a different law. 


To file a claim under the "Used Lemon Law" you must meet one of the following criteria:

• The seller FAILED to tell you if the car was in an accident when the car is no more than 5 years old. 
• The seller FAILED to tell you if the car had a repair that cost more than 25% of the value of the car at the time of the collision and the car is under 5 years old. 

OR

• The seller FAILED to let you know if the car was in a flood, a reconstructed vehicle, or a salvage vehicle. 

Unwritten Warranty

North Carolina law also requires that your used car (and all products) be "fit for the ordinary purposes for which such goods are used." So, if you bought a car expecting it to run, and it doesn't run, then it is not fit for use! 

Get Triple What You Lost

Separately, you may have a claim for Unfair and Deceptive Trade Practices if you were deceived by the seller's actions and are now left with a dud. The courts frown on big businesses taking advantage of the little guys. If you win a case for unfair and deceptive trade practices, you will receive triple the amount you lost as a result of their actions!

While you can file your case in small claims court, keep in mind that the other side is a business and will likely hire an attorney. If you have questions or need assistance with your "lemon," contact us using the information listed below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

I just bought a new car and the air conditioning isn’t working. How can I get a new car under the Lemon Law?

You must meet a few requirements to be covered under the "N.C. Lemon Law":

1. Your car must be sold and purchased as a new vehicle
2. The issue needing repair must have happened within 24 months/24,000 miles of the original date of purchase
3. The same issue has happened at least 4 times or has been in the shop for 20 days for different issues within 1 year. 
4. You must notify the manufacturer (not the dealer) in writing of each time your car needs to be repaired.

Once you meet these requirements you are able to recover either:

1. The amount that it costs to repair the vehicle. You can get 3 times this amount if the manufacturer unreasonably refused to comply with your request to repair. 
2. OR a new and comparable vehicle
3. OR  the full contract price

There are certain requirements that must be met before filing suit against a car manufacturer so contact my office if you have been wronged by a dealership or car manufacturer at Kisala Watkins Law Group, PLLC 
(919) 321-6569, nastasia@kisalawatkins.com.