Durham: Government and N.C. State Laws

Voting--To vote in North Carolina, you must have been a resident of the state for at least 30 days, be at least eighteen years old, and a non-felon. You can register at any public library, at the Board of Elections, or at the DMV when you get your driver's license. For more information, contact the Durham Board of Elections at 200 E. Main Street, Durham, 560-0700. As a student, you can register to vote in NC, even if you are maintaining your residency in another state.

Accidents--You are required to show your insurance information to the driver of any other vehicle that is involved in a traffic accident with you. However, you can wait to release this information until a police officer has arrived. Any accident that results in more than $500 in damages to all vehicles or property, an injury, or a death must be reported. Assessment by police for being at fault will result in notification of your insurance company and a ticket or criminal charges. Hit-and-run convictions carry a one- to five-year prison sentence and a minimum $500 fine.

Auto Registration and Insurance--You are required to register your vehicle for North Carolina license plates within 30 days of establishing residence or accepting employment in this state. To register your vehicle, you must provide proof of ownership such as the title or current registration card, plus a notarized bill of sale for a used car, or a manufacturer's certificate of origin for a new car. You must also prove that your car is covered by liability insurance from an insurance company licensed to operate in North Carolina. The minimum amount of liability insurance required is $150,000 for all property damage in an accident, $25,000 for injuries to any one person in an accident, and $50,000 for all personal injuries in an accident. All new residents of North Carolina must pay a one-time title and highway user's fee of $35, plus a user's tax of 3% of wholesale value, up to $150. An annual $5.00 Triangle Transit Fee to improve public transportation will also be charged in Durham, Orange, and Wake counties. Personal checks will be accepted with 2 forms of identification. Within 10 days of registering your vehicle, you are required to have it inspected at an authorized N.C. Inspection Station.

Local North Carolina DMVs
The DMV has a search form for finding the nearest DMV office at http://www.ncdot.org/dmv/office_locations/

Driver's Licenses
North Carolina will honor an out-of-state driver's license for 30 days after you move here, but after that you will need a North Carolina driver's license if you intend to establish residency. A new license will cost $10 cash. You will need to provide proof of insurance and are required to pass a vision test, a road-sign recognition test, and a written test on driving knowledge. A valid driver's license from another state usually exempts new residents from taking a road test. The North Carolina Driver's Handbook, a study guide for the written and road sign recognition tests, may be checked out free of charge from any driver's license office, and should be looked at before taking the test.

If You Are Arrested--In the case that you are arrested, you can contact Dean Sue Wasiolek at 668-3853. She can recommend an attorney to represent you, or if you are outside of the Durham area, she may be able to contact a Duke alumnus in your area who will represent you. The services of a bail bondsman will cost 10% of the posted bond. Cash bond is required for bench warrants for unpaid traffic fines or minor offenses--no checks are accepted.

You are under no obligation to pay an attorney until you agree to retain his or her services. Many of the area lawyers will take a student's financial situation into account when setting a fee. If you have been accused of a crime and cannot afford an attorney to represent you, the court will appoint an attorney to represent you at no cost to you.

Duke Alcohol Regulations
The current drinking age in North Carolina of 21, does not create problems for most graduate and professional students. Here are some points to remember: as a student, you may not sell alcohol on campus, and you cannot use alcohol as a prize in a contest, raffle, drawing, lottery, etc. Groups sponsoring any gathering, must register the event if it wants to use a special facility; if alcohol is present and some participants are not members of the group; or sound amplification equipment is placed or directed outside. Party registration forms may be obtained in the Office of the Student Activities, Bryan Center, and must be completed and returned 72 hours before the event. Call 684-6488 for more information.

Taxes
Federal Forms are available at: http://www.irs.gov/
State Forms are available at: http://www.dor.state.nc.us/forms/

Federal: It is a good idea to fill out a W-4 form at Accounting on Broad Street as soon as you arrive. Most students receive taxable fellowships because any money applied to room and board is taxable. Since the government's policy on taxes can change from year to year, and since graduate and professional students have a wide variety of tax situations, we cannot provide detailed information about what to do. The IRS's publication 520 “Scholarships and Fellowships“ may be helpful. Also, various university programs sponsors an open tax information seminar each year, so watch the GPSC newsletter and The Chronicle for information on future seminars. Forms are available at the places mentioned above and online at http://www.irs.ustreas.gov/.

State: North Carolina sales tax is 6% of all items sold, with certain exceptions. State income tax is levied at the rate of 7.75% on net income. For most single taxpayers, a NC state tax return must be filed if you are filing a federal return. NC state returns are due on April 15.

City and County Personal Property Tax: Durham County levies a personal property tax (100% of the market value) on all tangible property, including machinery, equipment, and vehicles. Such property should be listed each January either by mail or in person at the courthouse at 210 E. Main St. (560-0380). The city and county will bill you separately for your property tax. Any car registered in NC on Jan. 1, is taxable. Failure to register your car by Jan. 31, will result in a penalty. The Tax Assessor will prevent registration renewal on any unlisted car. Newcomers may request an abstract for listing property or go to the Tax Assessor's office (560-0380).

Traffic Violations – The following is a brief summary of some traffic and safety laws that may differ from those of other states. For more complete information, refer to the North Carolina Driver's Handbook, available free from local driver's license examination offices. If you are charged with a traffic violation, legal representation can make a tremendous difference in the outcome of a trial. If you are insured in North Carolina, even one violation can result in huge increases in your insurance rates, so make sure you know what the consequences of a conviction are before you decide to plead guilty.

  • Driving While Impaired: Drivers are guilty of driving while impaired if their blood alcohol concentration is equal to or greater than 0.08%, or if they are under the influence of other drugs. Refusal to submit to a blood or breathalyzer test will result in an immediate 10-day license revocation and will add an additional one-year license revocation if a conviction notice is later received by the DMV. Conviction of a first offense of DWI can result in a maximum sentence of $2000 in fines and up to 24 months imprisonment, as well as an automatic one-year license revocation. Second time offenders will have their licenses revoked for 4 years, and third time offenders, permanently. It is also illegal for any person to possess an open container of beer, wine or liquor in a moving vehicle on the highways of North Carolina. If you are transporting alcohol, it is recommended it be locked in the trunk.
  • Seat Belts and Child Restraints: Drivers and front seat passengers must wear seat belts, and failure to do so will result in a $25 fine issued to the offender. Back seat passengers are exempt, and seat belts are not required in vehicles manufactured before 1968. Children under the age of 4 must ride in a properly installed and used safety seat. Children ages 4 to 12 years must wear a seat belt, regardless of where they are seated. For information on where to get appropriate child safety seats, call the Totline at 1-800-672-4527.
  • Safety Inspections: All vehicles registered in North Carolina must pass a safety inspection including the exhaust system, wipers, brakes, steering, lights, and turn signals. A validation sticker is issued to vehicles passing the safety inspection, and must be displayed on the vehicle and renewed annually.
  • Windshield Wipers and Headlights: Drivers must turn on their headlights whenever windshield wipers are turned on. Headlights must also be turned on 30 minutes before sunset, and left on 30 minutes after sunrise, and used whenever visibility is less than 400 feet.
  • Speeding: Violations in excess of 15 MPH above the speed limit require a mandatory court appearance and a conviction may result in the revocation of your license.

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