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Speeding in VA; NC resident

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ramkivelpuri

Junior Member
What is the name of your state? NC
I got speeding ticket going in 68mph at 55 mph in VA. I have NC license. My 2 years old son became cranky and crying for hungry at lunch time. I was focussing in search of restaurant for lunch. On high way, suddenly speed limit was changed to 55 mph. I didn't notice speed changes. This is my first ticket in my driving record. What r my options ?
I talked with my insurance guys. They told since my speed was more than 10 mph, I wil get 1 insurance point and my insurance bumps up 25% more. my Insurance guys told if court reduces less than 10 mph limit, my insurance won't increase.
How can I get rid of points. If I go to court and argue for "not guilty" and tell about my situation when I got ticket, since my driving record is clean and this is first ticket, what r my chances of judgement infavour of me? Can I plead of bargain, so that he will reduce my points? Do I have to argue as "GUILTY" or "NOT GUILTY?". Can I ask Judge for PBJ - Probation Before Judgment? Your advises r greatly appreciated!!!
 


seniorjudge

Senior Member
ramkivelpuri said:
What is the name of your state? NC
I got speeding ticket going in 68mph at 55 mph in VA. I have NC license. My 2 years old son became cranky and crying for hungry at lunch time. I was focussing in search of restaurant for lunch. On high way, suddenly speed limit was changed to 55 mph. I didn't notice speed changes. This is my first ticket in my driving record. What r my options ?
I talked with my insurance guys. They told since my speed was more than 10 mph, I wil get 1 insurance point and my insurance bumps up 25% more. my Insurance guys told if court reduces less than 10 mph limit, my insurance won't increase.
How can I get rid of points. If I go to court and argue for "not guilty" and tell about my situation when I got ticket, since my driving record is clean and this is first ticket, what r my chances of judgement infavour of me? Can I plead of bargain, so that he will reduce my points? Do I have to argue as "GUILTY" or "NOT GUILTY?". Can I ask Judge for PBJ - Probation Before Judgment? Your advises r greatly appreciated!!!
Q: If I go to court and argue for "not guilty" and tell about my situation when I got ticket, since my driving record is clean and this is first ticket, what r my chances of judgement infavour of me?

A: Chances are zero. The judge has heard that old story many times. Ask the prosecutor for a nonmoving violation.



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. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

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 that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six 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/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

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.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

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.
 

ramkivelpuri

Junior Member
Plead guilty option??

Thanks for your suggestions!!

My insurance guys told if my speed is less than 10 miles per hour, my insurance won't bump up. But my ticket was68/55 i.e 13 miles more. If I plead for guilty by telling some story and showing my clean driving record, what are the chances of judgment reducing ticket to 65 or less in 55 mph.

For my ticket, is better to go to court myself and argue "Plead Guilty" OR appoint attorney by paying $225 attorney fee and let him argue in favour of get rid of points??

Your advise is greatly appreciated
 

The Occultist

Senior Member
Don't enter a plea of guilty to that charge. What you want to do is talk to the prosecutor and try to arrange a plea bargain, with which you would plead guilty to a lesser charge (assuming he's agreeable)
 

ramkivelpuri

Junior Member
Plea of Bargain

For my case, can I do Plea of bargain myself without paying $225 fee for attorney. My basic aim is to get my ticket from 68/55 to 65/55 or less, so that my insurance won't bump up. My insurance guys told if my speed difference with speed limit is less than 10 miles per hour , my insurance won't bump up.
 

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