high speeding tick. in NC, now a NY resident - help needed!

[newyorkfromnc]

What is the name of your state (only U.S. law)? new york

NC resident in '07, now NY resident, with New York Driver's License, clean record on the NY license, NY registered car, etc.....

Last year I was a resident of North Carolina, and received a speeding ticket for 95 in a 70 (I dont believe the speed, but no way to contest it, and I was speeding). I am now a New York State resident, and the ticket hasnt been pleaded yet, but will be soon.
It was on I-40, in NC . I do have an atty. from that small town representing me.

I can plead to one of 3 things:

1. 95 in a 70
2. 90 in a 70
3. Careless and Reckless driving

I need to know what is recognized by NY state before pleading. ( i also received a DUI conviction in NC in '06- case closed, all classes taken, etc...)

1. Are any of these recognized as felony convictions in NC?

2. I know my insurance will go up. that's a given. But can New York State suspend my license for any of these speeding convictions in NC?

3. Can i plead a "Prayer For Judgement" in this case ( a North Carolina policy)? I no longer have an NC license , but did when I got the ticket.

Thank you - your help is much appreciated !

[FlyingRon]

You may not be eligible for PJC, the law was changed last year adding 25 over speeding to the list of ineligible offenses. I don't know if your DUI also disqualifies you. Obviously having used (or someone else in your household used) a PJC in the past three years will bar you.

None of these are felonies unless you were speeding to elude police.

NY will treat a Reckless Driving conviction as if it happened in NY. If NC suspends your license or driving privs there, expect NY to follow suit.

[newyorkfromnc]

Thanks for reply. wow, NY will assess points? I have been reading that they won't and even called NYState DMV to ask, and they told me NY does not count out of state convictions for speeding.

I did not yet have a NY license at the time of violation, and also was very compliant at the time of stopping.

Is Careless and Reckless my best choice here?

Thanks

[Hey There]

newyorkfromnc

You mention 3 options in your thread.
Your lawyer didn't mention option #4?
Here is Option #4. Not Guilty.
A not guilty plea is the driver's request that the court either prove a violation occured or dismiss the case.
Even a Traffic Ticket lists that the driver has the option to contest the violation.
If you Google Speeding Ticket -- Fighting or Plea Bargaining-
this website gives 4 options to plea with an explanation of the concept of innocent until proved guilty in a court of law.
It also gives information on how to contest a traffic ticket.
If you Google Speeding Ticket FAQ you will find information that will help you make a decision that is best for you.
A book published by NOLO and likely available at a local library has complete information on contesting a traffic ticket.

Let us know how this goes,
Best Regards,
Hey There

[newyorkfromnc]

Thanks for the response. The attorney ( a largely retired gent who does traffic ticket representation in this small town) did not give me this option, and I had to mention it to him myself. When I next spoke to him he said if I contested it in a trial, I would CERTAINLY be convicted of the 90 in a 0 or 95 in a 70. He goes to this D.A. all the time, and I'm sure they are old friends anyway. It sounds like he is the only one located there, and this town is very small, believe me.

[Hey There]

newyorkfromnc

Have you considered getting another lawyer?
Maybe from a city close by?
If a client is dissatified with how his lawyer is representing him then the client can fire the lawyer at any time even at trial.

Basics:
The District Court hears cases for traffic violations in North Carolina.
Cases are heard before a magistrate.
An appeal can be made for a new trial from a
1.District Court Magistrate to District Court Judge
and from
2.District Court Judge to Superior Court(With a jury).

Information on attorneys in North Carolina can be obtained by a Google Search Traffic Ticket Attorneys in N. Carolina or by using other key words related to a traffic ticket. A list of attorneys in a phone book might prove helpful.

How to hire a lawyer on a Google search has web sites on what to look for.

When I next spoke to him he said if I contested it in a trial, I would CERTAINLY be convicted of the 90 in a 70 or 95 in a 70.

If you don't contest it you will CERTAINLY be convicted.

Best Regards,
Hey There