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First speeding ticket

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packgirl80

Junior Member
I live in NC, and this morning I was pulled for 85 in a 65. The officer who pulled me was on one side of a hill and I was on the other when he clocked me. There was a car almost even with me in the other lane, traveling faster than I was. When I neared the top of the hill I looked at my speedometer and it read 72. I am wondering how he could have clocked me at 85 when we were on different sides of a hill, and how does he know it was me? (I had my cruise control set to 79, I thought I was in a 70mph zone). Is there anything I can do to fight this? This is my first offence, so can I use the NC prayer for judgement? Will my license be suspended since I was going "20 over", according to him? He also cursed at me when he got to my window, he said "why the hell were you going so fast?" and when he brought my ticket to me my 5 month old puppy was whining from his crate in the backseat and the officer said "can't you shut that damn dog up so i can finish explaining?". What should I do?
 


The Occultist

Senior Member
Cepe should be along soon enough with advice, and I think this time I might actually agree with it! Being able to see you is a huge factor in being able to accurately clock you...
 

JETX

Senior Member
Is there anything I can do to fight this?
Absolutely!!!
Go to court, present your 'defense'. And since your post provides absolutely NO evidence to support your claims... and that you even admit to speeding, the court will then set your fine, you pay it and go home.
Pretty simple, huh??
 

cepe10

Member
From what I know for NC....Lawyers can be fairly reasonable to try for complete dismissal or a substantial reduction if you are not comfortable arguing the case yourself.

Keep in mind there is a significant chance the officer does not even show for court and then you should get dismissal...

other possible options:

(1) Go to court and ask for a PJC (Prayer for Judgement continuance), which means as long as you don't get another similar offense in a set time (1-3 years depending on the charge), you're off the hook, no cost (some judges may still assign court costs, which are about $90 for traffic court if I remember correctly).


(2) If you can't make court, go to the DA's office. They'll may be able to give you information about traffic school. Upon completion (bring the certificate to the DA's office), they can drop you down to an 8 or 9 over, which is what your average lawyer will get you. I believe you can only use traffic school to get out of one speeding violation though (I think it works similar to PJC, in that after a certain time period, you can go again.


Was the officer in his car at the time? looking through the rearview window??? was there any distance number on your ticket? Certainly, you could work up a defense to show the officer did not have adequate sight distance to make the reading and possible didn't follow procedure or have his instrument calibration up to date...
 

racer72

Senior Member
Hell is not cursing, not even close. You hear it in Disney movies. Police officers also have first amendment rights and they can use them, he could have used any language he wanted and there would be a damn thing you could do about it.


Crap, it used foul language.

Poop, did it again.
 

LSCAP

Member
Was it a city or county officer, or a Trooper.
The Troopers almost never holler at you. "just the facts."
And a city officer yelling at you gets the Chief upset.

The Troopers almost always show up.

In some counties, the officer doesn't show on the first date. It gives you a chance to take a plea, such as PFJ. Or begging for less than ten over.
In Raleigh all of the officers usually show up on the first return date.

Ten and over gets you a big raise in your insurance.
In some courts the court costs run to one hundred and twenty or more.

At twenty over, If you get a chance to talk to the DA, tell him you were being passed by someone, and that you were on the other side of the hill from the officer, It might help in getting a guilty at nine over. Which I would be glad to accept.
 

packgirl80

Junior Member
first speeding ticket...

It was a state trooper. he was driving along the interstate and as the car that was passing me and I came over the bridge he came into view. the officer slamed on his brakes, as did both of us and the other car got back behind me. the officer pulled me over, though.

can I use the prayer for judgement in this case? Since it was "85 in a 65"? Is there any limitations on the PJC? If I do use the PJC, what exactly happens to me? Will my license get suspended for 30(+) days?

IF, (thats a big IF), they can somehow drop it to 9 over, what does that mean for me? Raised insurance? Points on the license? Sorry for all the questions... I just have no idea about any of this kind of stuff. Thank you for your help everyone.
 
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NC State Troopers are pretty reliable, and they wear nice hats. :D

Unfortunately it sounds like something happened during your stop that put him in a bad mood (not good).

Anything more than 15 over or greater than 80 in NC needs to be taken seriously. You risk a licence suspension and a 90% increase in your insurance the next three years if convicted.

If you need to drive, a lawyer is highly recommended to minimize the damage. Or as previously suggested, try to take care of it yourself first. If they won't reduce it or grant a PJC, plead not guilty and come back with an attorney.

You will be getting a lot of offers for legal help help in the mail. Look for a lawyer with an office near the courthouse who has lunch with the DA and knows the troopers. A lawyer should have no problem reducing it to 9 over which is no insurance points for a first offense.

Look here for more info -- good luck!
http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Trafficpoints.htm
 

LSCAP

Member
I agree with Robbie0723,

I should have added, in some courts in NC you have to plead not guilty before you get a chance to see anyone.
After you talk to the DA, if you are not happy with what he/she says, then ask for a post ponement to get a lawyer.
 

packgirl80

Junior Member
Anyone who knows about Catawba county:

Does Catawba county consider "Improper equipment?" I spoke with an Attourny today and she said that wake county won't do it, but other counties usually will. She explained that with this charge, if I can get it, I can plead improper equipment and ask them to drop it to a non-moving violation. If they do this, they may make me take the driving class. (Which is all fine.) But this would avoid all charges against me, and I would still have a PJC to use in the future if needed (however, I do not plan to speed ever again!)

She also explained that if they wont do that, they may consider dropping it from 85--> 74. This would put me at 9 mph over the 65mph limit, and under a speed of 75, which would also drop the insurance points. Does anyone know the liklyhood of this happening? 11pmh is a lot to drop, even on a first offence, I know.

Third, what are the chances that the judge will grant me a PJC? (I know y'all dont know exact percentages, but is it favorable? or should I just go ahead and hire a lawyer now?)
thanks again everyone!
 
A good lawyer and/or some luck can get you a reduction to improper equipment.

A reduction to 9 over is very possible via a lawyer and maybe on your own with no previous convictions. A first speeding violation for less than 10 over generates no insurance points. If you have time and money is an issue, try to get this on you own first.

Can't predict on the PJC but it may not be your best option. I'd save the PJC rout for something more serious, you are only allowed one per household every 3 years.

Remember you need to talk to an attorney in the county the violation occured, someone who does this every day, who plays golf, eats lunch, has drinks with the DA, Judge etc... This is the way it works in NC. They all just want their fair share, the fine is minimal and beside the point.

This is a state where you can vote with no identification, just give a name and address and you get a ballot.
 
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