RECKLESS DRIVING + SPEEDING TICKET/FIRST OFFENSE...please help!

What is the name of your state? North Carolina is where i got the ticket/Virginia is where I have my license.

My husband is a marine who just returned from iraq but i am a senior in college in norfolk, virginia. i have been commuting between norfolk, virginia and jacksonville, nc [3.5-4 hour drive] for the last 3 months.

in october, as i was driving on hwy 17 going home to norfolk to make a class, i was coming around a curb and my radar detector starts screaming. i look over, there's the state trooper, on the other side of the divided hwy looking right at me. i just pulled over, i knew better. he made a u-turn and came up behind me and said that i had been going 82 in a 55...i knew i'd probably been going 70 something but i was in shock when he said 82. honestly, i wasnt paying attention with my puppy in the car. but whatever, i messed up, i accept it.

this is my first offense and i've been beating myself up about this since it happened. i've always been so careful and the one time i'm not i got slammed. i called the DA that day (shows you how much i know about the law) and while he said he couldn't do anything for me, he said that he didnt understand why i didnt just get a speeding ticket since it was only my speed that was the infraction. my court date is next week and i've been told that i should be okay since its my first offense. either i should get a deferred judication or i driving school. im not sure and i was hoping i could get some help.

i appreciate whatever help you can give me. and just so you know, this HAS cured me from ANY speeding since the incident.

thanks.

since you flew around a corner which is a control issue and then your speed added together equals a recklessd driving charge-- expensive ticket but if you have no tickets on your record then get probation pay a fine and it comes off in 6 months good luck.....

It is very unusual for a NC State Trooper to issue a reckless driving charge without substantial cause.

You are risking suspension of your privilege to drive in NC and a misdemeanor record. An attorney is highly advised given these consequences. For speeding only there is a good chance have having it reduced to a 9 over but the reckless may make this much less probable. Call a couple of lawyers and talk.

Check with the VA DMV to see what could happen when a conviction gets back to VA.

Don't know about NC or actually if it is still accurate here (Mi) but anything 25+ above limit was automatically considered reckless driving when I was young and did dumb things like that.

Not in NC.

In NC, speeding more than 15 over or greater than 80 is a midemeanor though which is about as bad.

Thats why they save the reckless to let the Judge know the cite was especially naughty. Usually takes a lawyer to have a shot at backing out then.

hey thanks all for the advice. i appreciate it. i just have a couple more questions/clarifications.

#1. i said "curb" in my statement and i meant "curve"...not that it makes much difference but when i read what the first guy wrote i felt like an idiot..

#2. because this is my first ticket, would i qualify for a "deferred judication"?

#3. im definitely gonna talk to the DA before the trial...since im charged with the speeding/reckless and this is my first, which would he/she be more prone to drop? what i mean is, is it plausible that they would drop the reckless and i would just be guilty of speeding?

thanx for any help you can give me.

#2 & #3 Anything is possible (not very likely ...)

If you're not lucky, the results can be really, really expensive.

Since a misdemeanor is possible, you will not regret going in with a lawyer. This is big business in NC and they deliver results. You should have received a bunch of letters offering to help in the mail by now.

Don't forget to check what happens if a worse case conviction gets back to VA. You could have double trouble.

Robbie0723 said:

#2 & #3 Anything is possible (not very likely ...)

If you're not lucky, the results can be really, really expensive.

Since a misdemeanor is possible, you will not regret going in with a lawyer. This is big business in NC and they deliver results. You should have received a bunch of letters offering to help in the mail by now.

Don't forget to check what happens if a worse case conviction gets back to VA. You could have double trouble.

Click to expand...

im already expecting it to be expensive. thats inevitable and inescapable. i've accepted that. i dont have the money to get a lawyer. i havent had any letters come in for any reason.

i am definitely checking into what happens if it gets back to Va.

you say #2 and #3 are not possible. why? [sorry if i annoy you, but you seem to be the one giving me the most help here and i need answers]
what am i looking at the best case scenario in your opinion? (what do you think the prosecutor will offer me?

allmxedup said:

im already expecting it to be expensive. thats inevitable and inescapable. i've accepted that. i dont have the money to get a lawyer. i havent had any letters come in for any reason.

i am definitely checking into what happens if it gets back to Va.

you say #2 and #3 are not possible. why? [sorry if i annoy you, but you seem to be the one giving me the most help here and i need answers]
what am i looking at the best case scenario in your opinion? (what do you think the prosecutor will offer me?

Click to expand...

Aside from all of the "GUESSES" you've received here, there is only one RIGHT answer. And that is, no one here knows because we are not privy to the information which will be used against you.

So, either get your own attorney in the jurisdiction where the ticket was issued and take your foot off the pedal or not. But any answer you receive based on the LIMITED amount of facts presented will be only a guess.

This Is What Happened

just to give an update, i got a prayer in judgment, so...thanks for all the advice...in the end, i was blessed...i didnt have an attorney or anything and the DA wanted to just give me the reckless...but the judge heard my story and was lenient...so...i know im lucky and blessed and all...im not rubbing it in...just wanted to let yall know...

thanks again

**P.S. for anyone who knows, a friend of mine got a prayer in judgment recently for speeding in another county in NC...a week before the court date, she had a car accident in virginia...really minor, she was charged with following too closely...she's asked me but i dont know: with the whole prayer of judgment act, are you penalized for any OFFENSE after the date you get the PJD or any JUDGMENT ENTERED after it? thanks for whatever answers you can give me so i can give her advice and she can leave me alone

What is "prayer in judgment"?

sukharev said:

What is "prayer in judgment"?

Click to expand...

same as deferred judication

Good for the OP, I'm glad to see the judge had a heart!

"PJC" stands for Prayer for Judgment Continuance. The judge in some cases can suspend indefinitely the court's judgment in a case.

I don't think it is the same as deferred adjudication but I'm not a lawyer and I'm not sure of this and don't know how a PJC interacts with a conviction in VA(?)

There are two sets of rules related to a PJC in NC: the rules of the Division of Motor Vehicles and the rules of a NC insurance company.

In most traffic cases, a PJC is not a conviction and will not result in an increase in automobile insurance premiums. You need to check to see what will be reported back to VA.

The North Carolina Division of Motor Vehicles typically will disregard a third or subsequent PJC in a five year period. If you already have two PJCs and you get a third, it will be ignored by the DMV and your record will reflect a conviction for the charge on which you were granted the PJC.

Again, no idea what happens when someone is from out of state. I hoped you checked with the VA DMV ahead of time.

NC insurance companies will only "honor" a single PJC in a three-year period, pursuant to a North Carolina General Statute commonly referred to as the
North Carolina Safe Driver Incentive Plan