Live in VA, Speeding in NC

What is the name of your state?What is the name of your state? North Carolina (Live in Virginia)

My wife and were coming back to Virginia from South Carolina on a Sunday. We had been in a 70 mph zone and she had been driving 75mph. Our 3 month old son was in his carseat in the back and starting crying/screaming (he was hungry). My wife started looking for a place to pull over and feed him and was starting to get frazzled (if you've ever ridden in a car with a screaming baby, you'd understand). Anyway, due to looking for a place to take an exit where she was more familiar with the area and trying to get our son to calm down, her speed crept up to 81mph.

That's when she saw the cop's lights. We were in Guilford county and apparently the speed limit had dropped suddenly to 55mph and neither one of us had noticed it. The officer wrote a ticket for doing 81mph in a 55mph zone (G.S. 20-141) and we have to appear in court (which stinks because it's 2 1/2 hours away from where we live and the appearance time is 8:30am).

Being from Virginia, I immediately thought about our horrible reckless driving offense, and now my wife is wondering if she will have to go to jail, since she was driving 26 miles over the speed limit. She's all torn up about this and has been dwelling on the possibility of jailtime, and how she would miss all of our son's "firsts", like talking, walking, etc.

From what I've seen, it looks like maybe they only arrest the DUI/DWI speeders, but we would just feel a lot better if we knew that there was no possibility of jail time, or at least a very, very, VERY small possibility. We also would like to know how much the fine would be, because we're poor... this is our first Christmas as a family and we're thinking we're not going to be able to do anything to celebrate. The best I could find was at a NC government website that said G.S. 20-141a (Excessive speeds) was a fine of $25 + costs, but what will the costs be?

ANY help is very much appreciated... we're very nervous and hope that this will all turn out well because it's not like she was trying to show off our car or see how fast it would go. It was a simple mistake.

Thank you very much!

First of all, stop making excuses. Your story will be irrelevant in court.

Figure out what you would like to do, that is to plead guilty or not. My suggestion is to plead not guilty, then fight the charge as it stands. However, you have other options, like talking to prosecutor and having a plea bargain (lesser charge, but plead guilty). If all you worry about is jail time, then that's the way to go. You can still fight the ticket if you don't agree after the bargain, although you will loose whatever you were offered.

The court date and time can be moved by requesting continuance. Call the court to find out how to do so. Living 2.5 hours away is probably a good excuse.

im sorry about what happened.

im actually going thru the same thing as you. im from VA and i got a reckless in NC...and im one mile over your wife (im 27 over)...and im super broke...so i understand...i dont know about your wife, but this is my first offense so im kinda scared. my court date is wednesday...im planning on talking to the DA myself and pleading down...i'll let you know what happened to me, hopefully that will help...

and i disagree with the guy above about "excuses"...if thats your story stick to it...

sukharev said:

like talking to prosecutor and having a plea bargain (lesser charge, but plead guilty).

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However, as 'suckhead' seems to forget, there is NO obligation for the prosecutor to offer you anything.... in fact, most prosecutors won't talk with you at all without your having an attorney.

The court date and time can be moved by requesting continuance. Call the court to find out how to do so. Living 2.5 hours away is probably a good excuse.

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You can certainly request a continuance.. but there is NO obligation for the court to grant one... and the distance or inconvenience is NOT a sufficient reason. After all, unless you move closer to the court, that will always be your 'reason'......

This is not reckless in NC and there is no chance of jail time so don't worry. NC just wants you to invest money into the legal system so you pay more attention next time.

Conviction of speeding more than 15 over or greater than 80 can result in a suspension of her licence (in NC) and a misdemeanor conviction. Again, no jail time.

If a NC licence suspension is a problem, your looking at $400 to $800 to an attorney plus $130 in fines and court costs to get this reduced to a 9 over. She doesnt even need to go to court.

This sounds like a lot of money until you add up the 50-100% increase in your insurance the next 3+ years. Not to mention the minimization of the stress of having to appear in court. You might be able to work out a payment plan less than the first year insurance increase.

Be sure to check with the VA DMV to se what happens if a 20+ over and 80+ conviction comes back to VA. In NC, out of state convistion in this range result in an automatic 30 day suspension.

JETX said:

However, as 'suckhead' seems to forget, there is NO obligation for the prosecutor to offer you anything.... in fact, most prosecutors won't talk with you at all without your having an attorney.

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When was the last time you had to go to court? Ah, yea, I forget, you are retired cop, no need for that, your buddies will never give you a ticket
Every time I have been to court, there was a plea bargain, offered by either prosecutors, officers or even judges themselves. All they wanted was money, and to go home early, since the room is filled up with poor folk like OP. So, anything to speed up the process is done.

JETX said:

You can certainly request a continuance.. but there is NO obligation for the court to grant one... and the distance or inconvenience is NOT a sufficient reason.

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I never said they have an obligation to, but this is a standard process, and works all the time. I once requested continuance because I was sick, just wrote a letter and sent it by express mail. As long as there is a valid excuse, it would work. Unless this particular court only has 8 am session (highly unlikely, see reason above), they would likely have no problem to move your time, and probably date, too. Once again, every court is different, so call and find out.

sukharev said:

Every time I have been to court

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So, how bad a driver ARE you???
I don't know of any sane person who feels compelled to brag how many times he has been stupid!!

I never said they have an obligation to

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But you STRONGLY implied it.... in fact there is NOTHING in your statement at all about it being up to the court. You said: "The court date and time can be moved by requesting continuance."
'CAN BE' is a factual statement... when in fact... it might NOT 'be'.

You also said, "Living 2.5 hours away is probably a good excuse." when it isn't. The court doesn't give a crap how 'inconvenient' it is for the violator to show up....

Maybe you two could get a room or something...

sukharev said:

First of all, stop making excuses. Your story will be irrelevant in court.

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to reiterate what i said earlier--STICK TO YOUR STORY...

i went to court today and pled guilty....when the judge asked if i had anything to say i simply stated i was asking for a prayer for judgment...the prosecutor actually dropped the speeding part and was only going to get me for the reckless. the cop spoke up on my behalf and told them that i was cooperative and told them what i told him about me trying to get to school. the judge asked me where i was going and i repeated my story that basically i was rushing to get to my school which is in norfolk, va from jacksonville, nc where i have been commuting between the two since sept. when my husband returned from iraq and that i had to make this class becuz i can only miss a couple before i failed...the judge looked perplexed and called the DA over and asked her why she was charging me with the harsher offense...they conversed and while he understood her reasoning, he still gave me the prayer for judgment...as long as i dont screw up for the next 1-3 years, it will not go on my record or anything...and this has cured my lead foot...

i dont know how your wife's record is, but definitely consult an attorney even if you dont actually use him...i didnt use one cuz ive been caught up, but i know i was blessed by God in that courtroom...i dont want you to go in based on my word and experience and then something worse happen to yall...but if it happened to me it could happen to you...not saying it will, but not saying it wont...so take heart!

good luck. you're in my prayers.

allmxedup said:

to reiterate what i said earlier--STICK TO YOUR STORY...

i went to court today and pled guilty....when the judge asked if i had anything to say i simply stated i was asking for a prayer for judgment...the prosecutor actually dropped the speeding part and was only going to get me for the reckless. the cop spoke up on my behalf and told them that i was cooperative and told them what i told him about me trying to get to school. the judge asked me where i was going and i repeated my story that basically i was rushing to get to my school which is in norfolk, va from jacksonville, nc where i have been commuting between the two since sept. when my husband returned from iraq and that i had to make this class becuz i can only miss a couple before i failed...the judge looked perplexed and called the DA over and asked her why she was charging me with the harsher offense...they conversed and while he understood her reasoning, he still gave me the prayer for judgment...as long as i dont screw up for the next 1-3 years, it will not go on my record or anything...and this has cured my lead foot...

i dont know how your wife's record is, but definitely consult an attorney even if you dont actually use him...i didnt use one cuz ive been caught up, but i know i was blessed by God in that courtroom...i dont want you to go in based on my word and experience and then something worse happen to yall...but if it happened to me it could happen to you...not saying it will, but not saying it wont...so take heart!

good luck. you're in my prayers.

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Thanks for your story, and yes, rarely it happens that the judge is on your side. Maybe prayer and Iraq had something to do with that, who knows...

That said, it happens only RARELY. Moreover, unlike your story, feeding hungry infant may not qualify (as much as I am sympathetic to it, I just think it would not impress the judge, unless he/she has an infant, too).

And, yes, one perfectly fine way to do this is admit you were speeding and hope for leniency. If you were indeed speeding, that is. No problem, take responsibility and deal with consequences. It's up to you to make this decision. And, in such case, the judge is frequently at least somewhat sympathetic, and there is quite a good chance to get a reduction in charges (or dismissal, deferral, probation, prayer, traffic school, whatever).