Speeding...Forgot Purse with License

[ColinsMom]

I am in NC. I got a speeding ticket today for 38 in a 25. I was going back home to get my purse...go figure! So, when the cop stopped me, I was not able to show him my license, as it was in my purse. I was able to give him my license number, and he ran it to prove that I did indeed have a valid license.

The cop was quite rude to me...he told me that he should arrest me!! Is this really a valid reason for arrest? I was not going THAT much over, and I was able to produce my license number.

I was given a ticket and told that I could not hire an attorney to appear in court for me...that I HAD to be there. He went on to say that should I hire an attorney for court, the att. could not further discuss my case with me. HUH? What is this guy talking about??? My husband has had a couple of tickets before and has always hired a lawyer and never had to appear in court, get points, have insurance increase, etc.

I've never had a ticket, never been pulled over, etc. I'm so confused as to what I should do...my husband said the cop didn't know what he was talking about...please help!!!

[JETX]

Originally Posted by ColinsMom

The cop was quite rude to me...

Awwww, poor baby!! Let me give you a big old hug!! There, does that feel better??

he told me that he should arrest me!! Is this really a valid reason for arrest?

Yep.

I was not going THAT much over, and I was able to produce my license number.

Your state law says you MUST have a drivers license and display it on request from an officer. You didn't.... and couldn't. The officer would have been within his right to arrest you until you could be positively identified (by fingerprint or other ID).

I was given a ticket and told that I could not hire an attorney to appear in court for me...that I HAD to be there. He went on to say that should I hire an attorney for court, the att. could not further discuss my case with me. HUH? What is this guy talking about??? My husband has had a couple of tickets before and has always hired a lawyer and never had to appear in court, get points, have insurance increase, etc.

Unless you are pleading guilty, you are REQUIRED to present yourself at the court. Your attorney was not present at the time and has no first hand knowledge of the incident. He only knows YOUR version. You must appear if you intend to challenge the ticket.

my husband said the cop didn't know what he was talking about

Sorry, but your husband doesn't know what HE is talking about!!

[Eclipso]

From: JETX

Your state law says you MUST have a drivers license and display it on request from an officer. You didn't.... and couldn't. The officer would have been within his right to arrest you until you could be positively identified (by fingerprint or other ID).

School is soon JETX. I'd appreciate it if you went to bed early this week, get use to the 7am alarm clock goin off. Its helps! Trust me!

ColinsMom
You do not need to show proof of license of day of violation if you DO have a valid driver's license in the United States. I don't care what state your from. Might get a ticket for it but if you show it in court, automatically dropped. Your Defined on your Soc-Security #. Maybe registration if your car.

Also your offense is very minor, Ignore whatever the cop said to you. Go to court and fight it. Traffic attorney can work wonders over issues like this one. Attorney cannot be present unless you are their.

I was given a ticket and told that I could not hire an attorney to appear in court for me...that I HAD to be there. He went on to say that should I hire an attorney for court, the att. could not further discuss my case with me. HUH? What is this guy talking about??? My husband has had a couple of tickets before and has always hired a lawyer and never had to appear in court, get points, have insurance increase, etc.

Like I said, Traffic attorney's can work wonders.. These boards are useless. I see "Post YOUR case to an Attorney" . Most or if even all don't have the knowledge of common laws rather being a lawyer. They tell you the harshed punishment of the so-so penalty. Then you got "average joe" who was in same or almost the identical situation. Giveing you more advice than anyone here on the mssg board who CLAIM to be an attorney or an affliate of some what.

[JETX]

Wow!! Another idiot from the wood pile.

School is soon JETX. I'd appreciate it if you went to bed early this week, get use to the 7am alarm clock goin off. Its helps! Trust me!

Does your teacher know that you are on the internet instead of doing your 3rd grade school work??

You do not need to show proof of license of day of violation if you DO have a valid driver's license in the United States.

What an idiotic statement!!
Where the hell did you get the idea that a driver doesn't have to show his drivers license?? Of course, it is NOT true!!

I don't care what state your from. Might get a ticket for it but if you show it in court, automatically dropped.

Again, NOT TRUE!!
Though a court MIGHT decide to dismiss a citation, it is NOT automatic, nor is it universal.

Your Defined on your Soc-Security #. Maybe registration if your car.

More crap from the idiot!!
Neither a SS card, nor registration, is proof of a license.

Attorney cannot be present unless you are their.

I guess you didn't learn the difference between 'their' and 'there' did you?? A mind is a terrible thing to waste.

Like I said, Traffic attorney's can work wonders.. These boards are useless. I see "Post YOUR case to an Attorney" . Most or if even all don't have the knowledge of common laws rather being a lawyer. They tell you the harshed punishment of the so-so penalty. Then you got "average joe" who was in same or almost the identical situation. Giveing you more advice than anyone here on the mssg board who CLAIM to be an attorney or an affliate of some what.

Or even far more likely.... you get an idiot like this one, who has NO legal experience, NO legal education, and is more than likely just 'messing on the computer' while on his break cooking fries at McDonalds.

[LSCAP]

I’m now from NC
Cops can always arrest you if you are unable to identify yourself. In theory he should not write a ticket unless you are properly identified.
A ticket is a “Summons to appear in court to answer the charges against you in lieu of an arrest.” Taking you into the police station until you are identified is still an arrest. Not a kidnapping.

In theory you must appear to plead Not Guilty. IN THEORY.
Get your lawyer and ask him to settle the problems.

Right now you are just mad at an idiot cop. And probably venting.
What county were you in.

I have two sons who just got through their teens, so in the last few years I’ve met a lot of them and most of them around here ( fifty mile radius of Raleigh) seem very polite etc.

Talk to the lawyer.

Lawyer can fight it if you are not there.

[JETX]

Originally Posted by LSCAP

Lawyer can fight it if you are not there.

You had a wonderful post going until you got there!!

Without the cited party present, an attorney can:
1) Plead guilty on behalf of his client, or
2) File motions (delay, reset, etc.), or
3) Argue issues of law.

However, an attorney can NOT offer testimony as to the specific circumstances of the incident. Simply, the attorney was NOT there and does not have direct first-hand knowledge of the facts.

[BelizeBreeze]

Originally Posted by JETX

You had a wonderful post going until you got there!!

Without the cited party present, an attorney can:
1) Plead guilty on behalf of his client, or
2) File motions (delay, reset, etc.), or
3) Argue issues of law.

However, an attorney can NOT offer testimony as to the specific circumstances of the incident. Simply, the attorney was NOT there and does not have direct first-hand knowledge of the facts.

SUCH a stickler

[poohmantbb]

Originally Posted by LSCAP

Right now you are just mad at an idiot cop.

Such a strong comment for an idiot who has no idea who th "cop" even is. Idiot.

[LSCAP]

"He went on to say that should I hire an attorney for court, the att. could not further discuss my case with me. HUH?"

In NC as long as one person knows about the recording (not third party stuff like a CA -company) its allowed. Had that exchange been recorded he would possibly be the ex-idiot-cop.

For that matter, if too many people have legitimate complaints he’s history.
In one of the shopping malls, an idiot, ( now ex-idiot-cop) kept hassling customers while they waited in fire zones in front of the stores to pick up packages, and passengers. And the employees who were dropping off or picking up stuff.

I found out he was fired when my son went to fight a speeding ticket he gave in the mall lot at noon, with wall to wall cars parked there. Another cop proudly told my son, "no sweat, they got rid of him." The DA laughed, “ now you’re racing shopping carts?”

This state is sometimes weird. But has a lot of nice people.

For that matter my son didn’t appear in court on that one.

WE forget the DA has the discretion to “ not go ahead with the case”’

I'm an idiot for calling an idiot an idiot? Shall I call the idiot who called me an idiot for calling the idiot an idiot? mmmmm

[ColinsMom]

I truly appreciate the responses I received from those who were kind and considerate of my situation. I really appreciate them! I'm still not sure what I am going to do, but I called the station where the officer is located and spoke with the police chief about this matter. He is going to speak with the officer regarding his actions. Turns out that his "arrest" statement WAS out of line. He can only arrest if there are other circumstances present, and clearly, there was NO probable cause of any of those circumstances in my case. This came directly from the police CHIEF. And I WAS able to provide my license number - so I DID identify myself...the officer pulled my address, DOB, full name, etc. off of it and was able to compare it with the info. listed on our checks.

Here are my options:
I can take a driving course at the cost of $50 and appear in court and see if that helps my favor...I assume I would still have to pay court costs, etc.

OR

I can not take the course and hire a lawyer to settle it...

What would be cheaper? What will keep my insurance from going up?

Please respond only if you have respectful answers...smart-alecs please not apply. I'm big on respecting other people...please do the same here if you wish to answer.

[CdwJava]

While the Chief may not prefer his officers threaten an arrest under these circumstances, the officer could very well be within his legal rights to have made the arrest. And in NC, verbal identification is not a form of ID that they are required to accept.

Without proper proof of identification, a "promise to appear" (a citation) cannot be issued. Heck, I can cite my wife's driver's license number, name, address, etc. ... none of that means that I AM her. I can also cite a friend's personal info - and he looks a lot like me! So if I get his license number I can get him in a lot of trouble!

I HAVE made arrests in this type of situation ... and in each case, I was right about the person giving me bogus ID. While it is rare, it is an option in most circumstances.

- Carl

[LSCAP]

Either way you will have to pay court costs, in most counties $100.00 plus

You will get a chance to talk to the DA.

He/she might (they often do) offer you a reduced charge of 9 over the limit. 10 and over increases your insurance.

He/she will most likely find you guilty of Fail to carry a license. I think, but haven’t looked it up recently, that you will get points on your license for this offense. But they don’t count toward your insurance rates.

If he/she won’t give you a break, you can ask for a postponement to get an attorney.

I see no reason for the classes on a first offense.

Next time for sure take classes

These are only my opinions.

[JETX]

Isn't it incredible how posters, no matter the legal facts of a situation and the mounting evidence and experience against them, can always find some way to come back and claim that everyone else was wrong.... cause they talked to a lawyer, or a friend, or a police chief (in this case).
I bet dimes to donuts that if this is anywhere near correct, the only way would be if the story changed from what was told on this forum.

[ColinsMom]

Isn't it incredible how posters, who must be great big LOSERS in real life get off on being such big "bad" tough guys on the Internet...because no one can SEE them...what a coward!

And I'll raise your dimes to donuts that the story didn't change...who are you to judge that? Were you there, um...NO! And what makes your answers so wonderfully correct? Who crowned you Prince Know-it-All? Haha! All you have done is criticize myself and other posters...I came here looking for some advice, not snide remarks. I know I made a mistake...I never said I didn't...I guess perfect guys like yourself have no idea what it is to make a mistake...us other humans do...so get over yourself!

[JETX]

Originally Posted by ColinsMom

so get over yourself!

Wahhhhh!! Wahhhhh!!! Wahhhhh!