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  1. #1
    silvrorbit is offline Junior Member
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    Unhappy HELP!!Out of state with NC ticket...how can I fight this?

    What is the name of your state? NC

    I dont know if you can help me with this, but I just moved to Co from PA. On my way there I was pulled over in NC for a law I had no idea about (not switching lanes if a police officer is there).

    Well I later looked up the law and found out the police had to have their lights on, which they didnt and also had to be a certain distance close to your lane, they were further away from that. The police car was actually in the middle of a large grass median looking at what seemed to be an abandoned car (the only reason I actually noticed this) and they didn't have their lights on.

    I don't have money to drive or fly back there or to pay this ticket. I believe the cop was targeting me because I was from out of state. (because as we were on the side of the road at least 7 (my husband counted) NC plates passed us in the same line and the cop and myself were just on the shoulder with his lights on. Plus when we approached us, he handed us a brochure on this law (he most likely new we didnt know the law) and it was near the end of July (maybe he had a quotta to fill))

    I was looking up how to fight this ticket from out of state and realized I lost the ticket, now I don't know when the fine is due, how much it was or anything.

    What do i do now?


    This is the bill fyi:

    SESSION LAW 2001-331
    HOUSE BILL 774


    AN ACT TO PROVIDE FOR HOW DRIVERS SHALL OPERATE THEIR MOTOR
    VEHICLES WHEN PASSING PARKED OR STANDING EMERGENCY VEHICLES
    THAT HAVE THEIR EMERGENCY LIGHTS ILLUMINATED, AND TO REQUIRE
    RENTAL CAR COMPANIES TO NOTIFY RENTERS OF THE LAW FORBIDDING
    PASSING OF A STOPPED SCHOOL BUS.
    and these are the two clauses I found were not true in my case:

    subsection to read:
    "(f) When an authorized emergency vehicle as
    described in subsection (a) of this section is parked or
    standing within 12 feet o
    f a roadway and is giving a warning
    signal by appropriate light, the driver of every other
    approaching vehicle shall, as soon as it is safe and when not
    otherwise directed by an individual lawfully directing traffic,
    do one of the following:
    Oh please help me....I really want to cry right now
  2. #2
    Curt581 is offline Senior Member
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    1,138
    Two questions:

    If the squad car was that far from the lanes of traffic, how could the officer see what state your plates are from?

    How did your husband know to count how many other NC plated cars were around you... before you were stopped?

    One observation:

    Pointing out that the officer handed you a brochure about the law, making you ASSUME he believed you didn't know the law will not be a defense. Nor will your snide comment about "making a quota" based on being cited at the end of a month.

    I was looking up how to fight this ticket from out of state and realized I lost the ticket, now I don't know when the fine is due, how much it was or anything.

    What do i do now?
    Contact the Clerk of Courts in the area. They might be willing to sent you a replacement photocopy of the citation.

    From there, you can either stipulate to the citation by mailing a check... or... you can check into a local attorney to help you fight the charge.

    You should know that if you choose to dispute it, you will be required to appear in person for trial at some point.
  3. #3
    silvrorbit is offline Junior Member
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    Unhappy

    after the officer handed us the brochure and took my liscense to his car , we looked at it and then my husband counted cars that passed us on the side of the road as we were pulled over. does that make sense?

    I was not trying to be snide about the comment...its what my dad told me happens


    he probably assumed we were from out of state cause we had a u-haul pulling a trailer with a car on it ( i thought it was obvious we were moving) so maybe he didn't know we were from out of state, but assumed?


    why cant you fight tickets with a written appeal?

    and do i have to pay the court fee if i dont go to court?
  4. #4
    Curt581 is offline Senior Member
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    Quote Originally Posted by silvrorbit
    after the officer handed us the brochure and took my liscense to his car , we looked at it and then my husband counted cars that passed us on the side of the road as we were pulled over. does that make sense?
    Not very much. The vehicles you were actually traveling with had passed and were gone by the time the officer had your D.L. and went back to his car. How would counting in-state plates several minutes afterwards mean he picked yours simply because it was from out-of-state?

    I was not trying to be snide about the comment...its what my dad told me happens
    Ahhh. What Dad says must be the Gospel truth, right?

    He wasn't there... How would he know?
    he probably assumed we were from out of state cause we had a u-haul pulling a trailer with a car on it ( i thought it was obvious we were moving) so maybe he didn't know we were from out of state, but assumed?
    So... not only was the cop some distance from you when you passed, making seeing your plate difficult, but you also had a trailer behind you, effectively blocking your plate from view altogether.

    Explain to me again how the cop improperly singled you out simply because your car had out-of-state license plates.

    Your paragraph says you're assuming he assumed that you assumed. Reread it and you'll see how ridiculous it sounds.
    why cant you fight tickets with a written appeal?
    Maybe you can. Ask the Clerk's office when you call for your replacement photocopy
    and do i have to pay the court fee if i dont go to court?
    Another question for the Clerk's office. It's likely that the fee will be assessed whether you actually go to court or not, because your case will still be processed that day.
  5. #5
    silvrorbit is offline Junior Member
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    Wink

    OK, so cops never EVER pull people over just to make quotta??? Since you say so it must be the better more improved gospel truth!!!! Amen preach it brother!!!


    And the plates on the truck were from a different state, the plates on my car would be the out of state ones and unless you are color blind and have no idea what your tags look like you would be able to tell the difference between the two, even from 15 feet away would you like me to make that clear?

    [URL=http://www.plateshack.com/y2k/North_Carolina/nc2000.jpg]http://www.plateshack.com/y2k/North_Carolina/nc2000.jpg[/URL]

    [URL=http://www.dmv.state.pa.us/graphics/plate-pa-large.jpg]http://www.dmv.state.pa.us/graphics/plate-pa-large.jpg[/URL]

    but anyways....i shall pray for you if you have problems with your vision....

    and yes, i admit that me assuming he assumed sounds rediculous now that i look at it.

    Thank you for the laughs! truly you make this forum a better place to be!!!

    And how would one get ahold of the clerks office? Arent they by county??

    *husgs and kisses*
  6. #6
    Robbie0723 is offline Member
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    A local attorney can handle this for you and you do not need to appear.

    There has been enough ignorance/confusion over the law in NC there is a good chance a lawyer can get the charge dropped or reduced to a non-moving.
  7. #7
    silvrorbit is offline Junior Member
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    thank you so much for your kind reply!!!!

    I am afraid of attorney's charging just as much as the ticket was...i think $125, are their any that charge a fraction of that?

    and also, would something happen to my liscense if I didnt pay it?

    ( I know that sounds dumb, but my husband and I are so desprite we are applying for federal aide, I am from PA and he is from New Orleans. He had a car and computer he was going to sell for money at his parents house, and now it is totally gone, so we are out a lot of money .) Anyways enough of that sad story. I know you can get your liscense revoked for unpaid speeding tickets and stuff....but what would this do if i just left it go a couple months and paid it when we had money?

    Seriously...please dont call me names, I just want to know what would happen and I am aware its very stupid and immature of me to even consider this.

    Thank you for being nice!
  8. #8
    Robbie0723 is offline Member
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    The attorney fees will be in addition to the fines and court costs if convicted and probably at least the cost of the ticket.

    The savings takes place by preventing an insurance increase the next three years. Check with your agent first to see what the increase might be and make you decision based on what you learn.

    Absolutely do not ignore the ticket. You will loose you licence and possibly face other very expensive to resolve consequences.

    You really need to find a way to resolve this, The courts will usually work out a payment plan if you can prove need.

    A background article.
    [URL=http://www.wbtw.com/servlet/Satellite?pagename=WBTW/MGArticle/BTW_BasicArticle&c=MGArticle&cid=1031783267770&path=]Move Over Law Still New to Many Travelers[/URL]

    The fine is being increased to $250.

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