North Carolina, first offense, driving for 19 years

[Denethor]

Durham NC,
I was pulled by motocycle cop coming at me from the other side of a four lane road with a turn lane in the middle. I had just over taken a truck and and postal vehicle, which were slowing to turn off the road, and as I crested the hill and he had to clock me as I was moving back into the right lane from passing on the left (so I had forward and lateral movement simultaneously).
Said he initially clocked me at 55 but I had slowed to 53 when it locked and wrote the ticket for 49 in a 35.
I seriously doubt I was traveling that fast as I was already starting to slow down and enter a gas station, which is where he pulled up behind me.

Does it matter that the officer put down I was driving a Mercedes when I was driving a Lincoln and put the wrong nearest intersection?

Seems to me that the document is invalid and shouldn’t be allowed or are they allowed to make mistakes?

What about a road that was recently widened, doubling the lanes but they didn’t change the speed limit to reflect the new traffic flow (as little as 6 mo ago it was a two lane road which is now 5 as mentioned above).

Would that be a situation where they should have redone the speed survey since the completion of the road?


Thank you,

Keith

PS. As I stated above I have a squeeky clean record and I've been driving for a long time, but I have a teen who will start driving soon and I don't want my insurance to go any higher than it already will...

 

[seniorjudge]

You admit you were speeding:

I was pulled by motocycle cop coming at me from the other side of a four lane road with a turn lane in the middle. I had just over taken a truck and and postal vehicle, which were slowing to turn off the road, and as I crested the hill and he had to clock me as I was moving back into the right lane from passing on the left (so I had forward and lateral movement simultaneously).
Said he initially clocked me at 55 but I had slowed to 53 when it locked and wrote the ticket for 49 in a 35.


You have no defense:

I seriously doubt I was traveling that fast as I was already starting to slow down and enter a gas station, which is where he pulled up behind me.


You bring up irrelevant matters:

Does it matter that the officer put down I was driving a Mercedes when I was driving a Lincoln and put the wrong nearest intersection? Seems to me that the document is invalid and shouldn’t be allowed or are they allowed to make mistakes?

What about a road that was recently widened, doubling the lanes but they didn’t change the speed limit to reflect the new traffic flow (as little as 6 mo ago it was a two lane road which is now 5 as mentioned above).

Would that be a situation where they should have redone the speed survey since the completion of the road?



I am not sure if you had a legal question, but my advice is to pay the ticket (see below for further info).


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Denethor]

incompetence

So the fact that there are as many facts wrong on the ticket as there are right has no bearing?

I just noticed my address and zip code are wrong too.
I mean all he had to do was copy it off my licence and the make model of the car were right on the registration he asked for along with huge plaques on the back of the vehicle he was looking at.

 

[InsuranceLadyAZ]

So the fact that there are as many facts wrong on the ticket as there are right has no bearing?

I just noticed my address and zip code are wrong too.
I mean all he had to do was copy it off my licence and the make model of the car were right on the registration he asked for along with huge plaques on the back of the vehicle he was looking at.

The fact that the officer made clerical errors on your ticket will not excuse you from the ticket.

You seem to be looking for excuses. You admit you were speeding. Pay the fine and be done with it. Try setting a responsible example for your soon-to-be driving teenager.

 

[Robbie0723]

You should have no problem pleading it down to a 9 over (or less) which will result in no insurance points if no previous conviction. You will pay the fine and have DMV points.NC Traffic Points

If you can't negotiate the lower charge, plead not guilty and see a lawyer. This will save you money in the long run. A lawyer can probably get it reduced to a non-moving if keeping a clean record is more important than money.

You also maybe eligible for a PJC which would defer the points as long as you do not have another conviction the next 12 mo. However these points will come back if you have another conviction during the probation period.

I'm not a lawyer, just a good customer