NC - 58 in a 35 MPH , a few questions.

[SHOspazz92]

Long story short, I was the last of a long line of cars doing 55+ in a 45....that suddenly dropped to a 35. 58 in a 35. D'oh! I'm not disputing that I deserved the ticket, but I'm obviously going to fight it (15 over is grounds for a License suspension in NC IIRC). This is my first speeding ticket in 4 years (And my second one ever), So I have a few questions.

1) The officer put the wrong state and drivers license number on my ticket, I know this will have no bearing on the actual case but I am curious as to why the officer put a NC Drivers license on the ticket as opposed to my CA Drivers license. I've never had an NCDL, Only a CA Drivers license. (Millitary non resident)

2) The officer specifically told me he is not putting it as a careless/reckless on the ticket. What does that mean as far as how heavy the fine is?

Since this is 23 MPH over, I am obviously going to lawyer up.

Thanks!

-Sam

 

[Kiohtee]

I can't speak as to why the officer put down some wrong information, but mistakes do happen. At least you realize it's not grounds for dismissal and you're not trying to squeeze out of your responsibility here. With that said; definitely lawyer up. If your case goes anything like mine, with a good lawyer you might can get off easy.

I had to do a defensive driving class (Alive at 25) and pay a measly $500 or so for my lawyer. It's only measly because it could have cost me a lot more. I was doing 120 in a 55 BTW. The only difference here is I didn't have any prior tickets. Also, no points, raised insurance premiums, etc. So yes, definitely lawyer up and be extremely grateful he didn't write it for reckless driving. Mine wasn't either.

 

[Outlaw99]

it will be plead down to 9 over. unless you have a major record.

 

[SHOspazz92]

Nothing Major. Had a 79 in a 65 four years ago in VA that was just paid over the phone.

-Sam

 

[Kiohtee]

it will be plead down to 9 over. unless you have a major record.

This is what eventually happened to mine. But I can't get another ticket for three years (expires in October or November, don't remember) or that one and the new one will be held against me or something like that. Basically if, before the three years, I get another ticket I'm done for a year lol.

 

[RDJ]

1) The officer put the wrong state and drivers license number on my ticket, I know this will have no bearing on the actual case but I am curious as to why the officer put a NC Drivers license on the ticket as opposed to my CA Drivers license. I've never had an NCDL, Only a CA Drivers license. (Millitary non resident)

I think some officers are so used to writing tickets for in state drivers vs out of state drivers that they put in their home state out of habit.

2) The officer specifically told me he is not putting it as a careless/reckless on the ticket. What does that mean as far as how heavy the fine is?

some states have a statute that says 20 over is automatic reckless ( VA for example) others leave it up to the officer's discrestion as to whether or not your driving rose to the level of reckless. The difference between 20 over and not reckless, and 20 over and reckless can be huge. points stay on your license for much longer if you have a reckless ticket. reckless is also a criminal offense in most states rather than a traffic violation

sounds like the officer cut you a pretty good break.

 

[joel3431]

I'm military also. I got a 97 in a 65 In NC before I deployed. Long story short go and talk to the DA before you lawyer up, worst he can say is i'm not helping you. In my case I was at fault but it was to keep me from being ran over on a motorcyle. I would have much rather lost my license than lost my life.

 

[bluesnake263]

OP where in NC? I may be able to help. If nothing else, talk to the county DA, and see if they are willing to let you do a driving class before your courtdate for a reduced charge. The alive at 25 you can even do online now.

 

[jbs$]

20 over in NC can be serious, treat it that way.

 

[confused]

Get a good lawyer and let him handle it.Don't know who to recommend in Cumberland county.You should be able to get it dropped to 9 over and don't go for a pjc unless you have no other option.

 

[spazzo69]

I'm not 100% sure of this, but in NC I am pretty positive that if the speed limit is about to decrease, there needs to be a "Reduce Speed Ahead" sign before the actual posted speed limit. North Carolina does have an absolute law for speed limits, so if you were in a 35 zone, then you have to be going 35(give or take 5mph since radars aren't dead on), but without the reduced speed ahead sign you might be able to have the courts lower it to a 58 in a 45. If it's your first one in a few years you could then try to have it deferred, pay a small fine, take a defensive driving class, and end up with the citation off your record after a year. Or just get a lawyer and see what he says.