My brother got a ticket on his way home from college Friday evening for 70 in a 55. This is his first ticket but he is only 20. I have heard they closed the loop-hole in NC law that allowed speeding tickets to be dropped to improper equipment. Is there anyway a lawyer can get him out of this without getting points on his license? He works part-time at college but really could not afford for his insurance to go up any. I know I got a ticket once and the lawyer had it dropped to improper equipment but I didn't know what was going on with the new laws. It was in Iredell County. At home he used to play ball for a very well known traffic lawyer (took care of my ticket for free) but Iredell is several counties over.
Speeding in NC
- Thread starter slick4_6
- Start date
there should be a driving school that he can go to and then they'll take it off. My brother got a ticket when he was 16 and went to a driving school and got it off and then he got in a accident in a h2 when he was in 17.
In NC, he needs to show up to the trial date... and enter a plea bargan. He really doesnt need a lawyer for this. What happens is he's shoveled into a room with hundreds of people all with traffic violations, they call out your name and get into a line. he'll want to plead guilty but lessen the charge to no points. Basically he'll talk to the assitant DA's and they'll accept or deny your claim right there. Make sure he has CASH to pay for the fine on him.
PJC - Prayer for Judgement Continued. Talk to the ADA or DA just before the trial as stated above. Usually they'll let you plead guilty to a lesser charge (65 in a 55) with a PJC. No points on license or insurance as long as you behave for three years.
In Randolph County showing up without a lawyer is automatic points on your license. Talking to anyone is like talking to a wall but it was in a different county. A lawyer used to pretty much guarantee no points going on your license. I didn't know what to tell him after the laws had been changed.
NC Law
(j1) A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 2 misdemeanor. He just missed it!
Improper Equipment cannot apply here:
(2) The lesser included offense under this subsection shall not apply to charges of speeding in excess of 25 miles per hour or more over the posted speed limit.
(p) A driver charged with speeding in excess of 25 miles per hour over the posted speed limit shall be ineligible for a disposition of prayer for judgment continued.
I do not know if this is a mandatory loss of license under 20-16.1 as I don't know where you were and construction zones, hwy., etc..
Looks like fine and 3 points ....best case scenareo..20-16
(j1) A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 2 misdemeanor. He just missed it!
Improper Equipment cannot apply here:
(2) The lesser included offense under this subsection shall not apply to charges of speeding in excess of 25 miles per hour or more over the posted speed limit.
(p) A driver charged with speeding in excess of 25 miles per hour over the posted speed limit shall be ineligible for a disposition of prayer for judgment continued.
I do not know if this is a mandatory loss of license under 20-16.1 as I don't know where you were and construction zones, hwy., etc..
Looks like fine and 3 points ....best case scenareo..20-16
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..He may be eligible for mandatory suspension..under certain facts and at least 3 point viol under others..and you suggest no lawyer?..betting on his ability to speak with the DA? We don't bargain speed cases...and most DAs who have an ounce of integrity will include the officer in any conversations about what action to take.
The speed is too high for prayer for judgement..or reduction to lesser charge..Were it my license at stake, I'd have an attorney.
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NC is odd... one county will have just the ADA's and DA do all the PJC's, speed reductions, plea bargans, etc. while another will acutally have a DA and a trial date. In henderson county, you're shoved in one room with no judge.
I am from PA, and we have district justices that deal with traffic violations.
OldPony
New Member
Improper Equipment...
I believe you are wrong. As a resident of NC married to a woman that only knows one speed.... 15 MPH over the limit.... we've used the "improper equipment" loop-hole a couple of times. As recently as five weeks ago I met with a local attorney to take care of another one.
$25 speedo check at the only County authorized inspection site (local Cadillac dealer..... **removed by moderator**
$150 court costs
$225-250 lawyer fees.
Ticket is ultimutely reduced to faulty equipment with no points assessed... regardless of the findings by the authorized inspection activity. Even if your speedo was spot on, the faulty equipment excuse is still alive and well as far as I know. There is no requirement to "fix" the faulty equipment either.
Using your prayer for judgement for a speeding ticket is ridiculous, although some poor people do it. Your prayer for judgement could be the difference between 3 years in prison or probation, why waste it on a speeding ticket?
Dave
I believe you are wrong. As a resident of NC married to a woman that only knows one speed.... 15 MPH over the limit.... we've used the "improper equipment" loop-hole a couple of times. As recently as five weeks ago I met with a local attorney to take care of another one.
$25 speedo check at the only County authorized inspection site (local Cadillac dealer..... **removed by moderator**
$150 court costs
$225-250 lawyer fees.
Ticket is ultimutely reduced to faulty equipment with no points assessed... regardless of the findings by the authorized inspection activity. Even if your speedo was spot on, the faulty equipment excuse is still alive and well as far as I know. There is no requirement to "fix" the faulty equipment either.
Using your prayer for judgement for a speeding ticket is ridiculous, although some poor people do it. Your prayer for judgement could be the difference between 3 years in prison or probation, why waste it on a speeding ticket?
Dave
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