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72 in a 55 zone, in NC, with a bad speedometer

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JohnInNC

Junior Member
What is the name of your state? North Carolina

I got pulled for 72 in a 55 a month ago. My court date is March 11. I'm broke and unemployed, with far more time than money, so I'm probably representing myself.

I think I've got a fairly good case:
- I have a clean record (no violations since high school more than 15 yrs ago)
- I am fairly certain that my speedometer is off by 5 or 10 mph (my cruise control was set for 66 or 67 mph)
- and I swear I thought it was a 65 zone.

Here's the thing: I had been pulled for a similar thing just two nights before! I think it was 71 in a 55, and much closer to home.

So, what should I do?

I'm thinking of asking for a reduction of the violation for the first citation, then requesting a prayer for judgement on the second one. Are there other options available to me? (Driving school?)

But if I can prove that my speedo was off (in my favor) then will that help my case(s)? I heard recently that NC courts no longer allow 'improper equipment' as an excuse. My vehicle is relatively new to me, so I can honestly say that I have not been driving it enough to observe whether or not the speedo is accurate.

Bear in mind, I can get a copy of my DMV driving record that shows how clean it is.

thanks,

John
 


Well

as far as your current citation goes, you admitted to setting your cruize at 66-67. Even if it was a 65 mph zone, you've admitted to intentionally setting your speed over the limit.

I don't know NC law, but I would suspect that the malfunctioning speedometer isn't going to hold water. You've also acknowledged that you're suspicious of your speedometer but haven't indicated that you've had a mechanic look at it and repair if necessary.

Add all this to the fact that you got a 71 in a 55 two nights ealier, and I suspect this does not put you in much of a position to do much negotiating.

Also, from what I've read on this forum, going 20 MPH over the speed limit results in a license suspension.
 
S

seniorjudge

Guest
Nothing in your post is a defense, especially the defective equipment.

The ONLY defense to speeding is that you were not speeding.

Ask for a nonmoving violation; it may cost you more in the short-run but you will save insurance costs in the long-run.
 
Who issued the ticket?

Driving in excess of 55 and 15 MPH over can result in a licence suspension in NC. Getting two tickets in 2 days might significantly increase the probability of getting a suspension.

Some people have reported getting this pled down to a 9 over on their own --- minimizing the damage is much more likely with a good lawyer.

Scan some of the other NC threads for more info.
 

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