Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-16-2007, 02:47 AM
Junior Member
 
Join Date: Jan 2007
Posts: 1
Arrow

Speeding ticket in NC (86 in 65, out-of-state resident)


What is the name of your state? NC

*I have no prior record*
Made an 8.5hr trip from NJ to NC the other day, and I got stopped about 30mins away from my destination for going 86 in a 65. While it is certainly possible that this is true (and if the officer clocked me at 86, it must be right), it certainly is not indicative of how I was driving. I maintained a speed of 70-75mph for practically the entire trip. A couple of times I caught myself going upper 70s when I would glance at directions, but I would immediately slow back down. So it is certainly possible (and probable) that he caught me speeding (for no longer than 30 seconds maximum), but I have a couple of questions on how I can proceed:

1) Can I plead for sympathy at all in being 30mins away at the end of an 8.5hr trip?
2) As I mentioned, I was driving btn 70-75mph for 99% of the trip, which I think I can prove. Would I be able to have the person who lives at the house I left verify the time that I left the house? I was pulled over about 7.75hrs after leaving the house. By dividing the total number of miles I drove before I was pulled over by this number (and also accounting for my one 10-minute stop for gas), we get an average speed of about 68mph. It's a little low because the house is about 2miles from the highway (so I was going 45-50 for that stretch) and there was a stretch of maybe 10mins or so where construction slowed me to 55mph.
3) Now, I recognize this is still over the speed limit, but with this information, would I be able to reduce the speed posted on the ticket?
4) What about a Prayer for Judgment? I realize that my being out-of-state hurts my cause, but I am a student in NC, so I do live here for the majority of the year. I feel that my having no prior record and evidence that shows I did not significantly speed except for a couple minor stretches may help me as well.
5) Finally, under the "Speed" part of the citation, it reads "R 86 M." What do the R and M stand for? I assume Radar 86 Misdemeanor?


Thank you so much for any help you can provide. It is really much appreciated.
    Reply With Quote
  #2  
Old 01-16-2007, 04:12 PM
Senior Member
 
Join Date: Feb 2005
Posts: 4,309
Quote:
Originally Posted by NCGOGO View Post
1) Can I plead for sympathy at all in being 30mins away at the end of an 8.5hr trip?
You can ask for anything you want. However, there is no legal reason to grant any leniency, especially for a lame reason like that. Anyways, that choice will be left up to the judge and is not something anybody here can predict.

Quote:
2) As I mentioned, I was driving btn 70-75mph for 99% of the trip, which I think I can prove. Would I be able to have the person who lives at the house I left verify the time that I left the house? I was pulled over about 7.75hrs after leaving the house. By dividing the total number of miles I drove before I was pulled over by this number (and also accounting for my one 10-minute stop for gas), we get an average speed of about 68mph. It's a little low because the house is about 2miles from the highway (so I was going 45-50 for that stretch) and there was a stretch of maybe 10mins or so where construction slowed me to 55mph.
Nice try, but it doesn't work like that. You may not, at ANY point, travel above the speed limit. What your average for the trip was means absolutely nothing. If you were observed going above the limit for more than 1/8 of the mile, then the cite is valid.

Quote:
3) Now, I recognize this is still over the speed limit, but with this information, would I be able to reduce the speed posted on the ticket?
That's something that will have to be worked out with the DA or judge, and again, not something anybody here can predict.

Quote:
4) What about a Prayer for Judgment? I realize that my being out-of-state hurts my cause, but I am a student in NC, so I do live here for the majority of the year. I feel that my having no prior record and evidence that shows I did not significantly speed except for a couple minor stretches may help me as well.
You'll have to work that out with them.

Quote:
5) Finally, under the "Speed" part of the citation, it reads "R 86 M." What do the R and M stand for? I assume Radar 86 Misdemeanor?
*shrug*


Quote:
Thank you so much for any help you can provide. It is really much appreciated.
No problem.
    Reply With Quote
  #3  
Old 01-16-2007, 10:24 PM
Member
 
Join Date: Jul 2004
Location: St. KnoWhere
Posts: 404
Nothing in your message will help in court ( a few of your points may do more damage than good...). Being sincerely apologetic and stating you learned your lesson will usually go further. Nothing slows most people down more than a speeding ticked.

"R" probably means radar and "M" may mean mandatory court appearance.

PFJ only applies to insurance points applicable to NC residents.

If you need to drive, take this very seriously -- you are at risk of a suspension. In NC, any conviction greater than 15 over the limit or greater than 80 can result in a suspension of your right to drive in NC and may be reported back as such to your home state. Ask the DMV in your home state what the impact will be. Also check with your insurance company to see what they will do (they may drop you if suspended).

This is big business in NC, an attorney can handle this for you (you will be getting offers to help in the mail).

To try on your own, when you go to court, dress nice, be polite, say your are very sorry and it won't happen again and ask for a reduction to 9 over. If they say no, plead not guilty and come back with an attorney.

For more info, look here:

[url]http://www.ncsu.edu/student_affairs/legal_services/legaldocs/Trafficpoints.htm[/url]
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:50 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.