speeding in AR, but NC driver

What is the name of your state? NC
What is the name of your state? NC
I was following another car in AR and both cars were pulled. The officer asked me if I knew what speed I was going. I said,"No, I was following another car." He told me I was going 90mph in a 70mph zone. Any advice on how to get charges dismissed or reduced so they won't affect my insurance? How do you get court date changed? I live in NC and ticket was in AR. Officer said I had to show up for court. Thanks for any help!

scottbmookie said:

Any advice on how to get charges dismissed or reduced so they won't affect my insurance?

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Yep. Prove to the court that you were traveling at the posted speed limit or less.
Wow, that sure was simple, huh??

How do you get court date changed?

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Contact the court and ask.

I live in NC and ticket was in AR. Officer said I had to show up for court.

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Contact the court. You might just be able to pay the ticket by mail and not show up at all.

scottbmookie said:

Any advice on how to get charges dismissed or reduced so they won't affect my insurance? How do you get court date changed? I live in NC and ticket was in AR. Officer said I had to show up for court. Thanks for any help!

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By your own admission, you don't know how fast you were going. Be aware this may be noted on the officer's narrative along with anything else you volunteered.

The ticket may appear on your NC record and result in points and/or insurance surcharges. (Check your NC driver's manual and/or with your motor vehicle department to see what happens and how it will affect your NC license.) If so, you may want to contact an attorney in AR to see what your options are, and whether it's worth the cost and effort to plead not guilty.

Getting your date changed could be as simple as contacting the court and asking for a continuance.

Haskell, AR has a City Court FAQ that may provide useful information, as well as the Little Rock Traffic Court. Not being familiar with AR, each court may have slightly different procedures. For example, the Little Rock Traffic Court does not require an appearance in court for speeding unless it's 30mph or more over.

Maybe you got caught in one of these speed traps? The article is dated, but there's no reason to think things have changed much.

My understanding is that this will result in a six month suspension of your drivers license and a 65% increase in insurance premiums for three years. You are probably better off to retain an attorney and let him negotiate something so you do not have to return for court.

scottbmookie said:

What is the name of your state? NC
What is the name of your state? NC
I was following another car in AR and both cars were pulled. The officer asked me if I knew what speed I was going. I said,"No, I was following another car." He told me I was going 90mph in a 70mph zone. Any advice on how to get charges dismissed or reduced so they won't affect my insurance? How do you get court date changed? I live in NC and ticket was in AR. Officer said I had to show up for court. Thanks for any help!

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Unless Arkansas statutes are very wierd (and some states do have wierd laws), you can be represented in court by a lawyer, your own presence not required. That would be a local lawyer who knows the state proceedures. Worst thing you can do is drag feet and do nothing. States cooperate in these matters, and losing your license is not out of the question, unless you actually comply (within a time limit) with one of the options/requirements listed on the citation. Sounds like a lawyer would be the cheapest route to take. Go past deadlines and there will be added costs.

poppakeith said:

Unless Arkansas statutes are very wierd (and some states do have wierd laws), you can be represented in court by a lawyer, your own presence not required.

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And of course, that ONLY applies if you are going to plead guilty.
The attorney cannot provide ANY testimony relevant to the citation or the circumstances that led up to it. Only the cited party can do that.

JETX said:

And of course, that ONLY applies if you are going to plead guilty.
The attorney cannot provide ANY testimony relevant to the citation or the circumstances that led up to it. Only the cited party can do that.

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Scott told us: "Officer said I had to show up for court. " That's misleading. A lawyer can't testify as to fact, but the citation and statutes are present to testify for themselves (perhaps ineffectively), and there is alway possibility of trial by deposition. Point is, the cop told him wrong. We wouldn't want Scottbmookie feeling under the gun, clogging up the road, traveling all the way over to Arkansas, when a lawyer might save him from it all for lesser cost.

poppakeith said:

Scott told us: "Officer said I had to show up for court. " That's misleading. A lawyer can't testify as to fact, but the citation and statutes are present to testify for themselves (perhaps ineffectively), and there is alway possibility of trial by deposition. Point is, the cop told him wrong. We wouldn't want Scottbmookie feeling under the gun, clogging up the road, traveling all the way over to Arkansas, when a lawyer might save him from it all for lesser cost.

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You said "Unless Arkansas statutes are very wierd (and some states do have wierd laws), you can be represented in court by a lawyer, your own presence not required."
Clearly, that is NOT correct.
When you are caught in your own stupidity.... you start trying to spin your statement into something it wasn't.... by trying to interject all kind of 'coulda', 'shoulda' crap into it. The simple fact is... an attorney CANNOT represent a client in court if the client is contesting the charge (as is the case in this thread... and suggested in your own post).

Further, your legal naivete is obvious. If a court calls a defendants name and he makes appearance solely through his attorney (as in your suggestion) and the defendant does NOT appear, the ONLY declaration the court will hear is that the client is pleading guilty. If the attorney offers a not guilty, the court MIGHT reset the hearing with instruction to the attorney to make sure his client shows up. They court will NOT hear the matter without the PERSONAL appearance of the defendant.

JETX said:

Oh, crap... another battle with the brainless!!!

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My apologies, JETX. I didn't realize you were an Arkansas lawyer. I thought you were merely a cop.

poppakeith said:

My apologies, JETX. I didn't realize you were an Arkansas lawyer. I thought you were merely a cop.

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Haven't been a police officer for about 15 years.

JETX said:

Haven't been a police officer for about 15 years.

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He called you an ARKIE!!!!

Them's fightin' words

Normally most traffic courts will allow an attorney to represent their client at the arraignment without the client being present. For a traffic ticket the attorney usually works out an agreement for a lesser fine/speed and the client pays the court. If there is an actual trial, the client has to be present.

For a NC driver, it needs to be reduced to a 9 over for there to be no points and no insurance increase.

lwpat said:

Normally most traffic courts will allow an attorney to represent their client at the arraignment without the client being present. For a traffic ticket the attorney usually works out an agreement for a lesser fine/speed and the client pays the court. If there is an actual trial, the client has to be present.

For a NC driver, it needs to be reduced to a 9 over for there to be no points and no insurance increase.

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All that sounds right. Almost always a cited driver from a distant state will not return and put up a defense. It's impractical from a time and money standpoint, and whatever a lawyer can accomplish in one's place becomes that to which the driver resigns himself. Presence of the cited drive is not a must, but is an option....contrary to the legal advice conveyed by the cop in this case.