AR15.Com Archives
 First speeding ticket in NC (71 in 55) with court summons - what should I expect?
tangbang  [Team Member]
2/4/2009 8:18:23 AM
I get pulled over Friday around 4:45pm on my way post office to get a couple packages shipped to fellow ARFCOMMERs.

State trooper tells me he got me doing 70 in 55 and can not give me warning, then asks for my license and registration.

I get license and CHP out of wallet, hand to trooper, then go fishing for registration in glovebox (expecting him to get antsy but he doesn't say a word).

I find registration among bunch of crap and hand it to him; trooper hands me my CHP back without saying a word about it. Tells me it will be about 10 minutes.

Trooper comes back, tells me he got me doing 71 in 55 and cannot issue warning. Hands me summons to court.

My driving record is spotless - never even issued a warning before. So what should I expect in court? Does an attorney help with this?

I'm perplexed about his first stating he got me at 70 then later saying it was 71 - makes me wonder if he said that in order to get me 'over 15 mph'?

Side note - I was impressed that the guy never seemed concerned about my CHP, especially when I was awkwardly fumbling aorund in the glovebox for about 15 seconds. He never even asked me if there was a weapon in the car.
anjan9  [Member]
2/4/2009 8:51:20 AM
get an attorney. Hopefully your speeding ticket will turn into "improper equipment".
jlpskydive  [Member]
2/4/2009 10:30:03 AM
Or just go in and ask for a preferential judgment. If you don't get another in a year that one goes away. At least that's what I did the last time.... in 1996
NetJunkie  [Team Member]
2/4/2009 11:05:03 AM
Pay a lawyer. They might drop it..they might not. 15+ in NC is a big deal. Can lose your license for a year and go to jail for 30 days. I really doubt that ever happens but pay the lawyer.
maxell27  [Member]
2/4/2009 11:59:56 AM
Pay the lawyer.

Max
Tippman9  [Member]
2/4/2009 12:17:33 PM
+1 for get a lawyer

I have had 2 speeding tickets in NC and "got out of both"

-First was a 92 in a 55 . Paid a lawyer, had to go to a days worth of class and use my prayer for judgement.

-Second was a 79 in a 60. Paid a lawyer and got improper equipment.

I dont really know how it goes if you actually show up to represent yourself. But in my opinion it is worth the 350-400 to save your insurance costs over the next couple years.
fenderfreek  [Team Member]
2/4/2009 12:20:25 PM
I've had much worse - 80 in a 55 tops the list.

Lawyered up, took a defensive driving course for a day - improper equipment.

Always get an attorney for 10+. They were some expensive lessons, but shelling out the dough back when I was stupid means I have a clean record now that I know better.

ThePrim8  [Member]
2/4/2009 12:25:38 PM
You will be getting all kinds of mail from lawyers. They will offer you their first born male child to "take care" of your ticket.

Pay the cheapest one that claims he can get it reduced to "Improper Equipment". Save all correspondence with the bloodsucker.

Or just do like I did, go talk to the DA and ask for a Prayer For Judgement Continued. If you're clean, the DA won't have a problem with it. If he has a problem, ask for a continuance and get the aforementioned bloodsucker to get it reduced.

If you get a "PJC", know that the ticket WILL come back as a 71 in a 55 if you come under the scrutiny of some LE with a lust for you in the next 3 years.

You owe me $150.
M-Forgery  [Team Member]
2/4/2009 2:13:49 PM
Lawyer up dude. $250.00 to $500.00 should get it reduced to improper equipment. Expensive lesson either way. You have been speeding for thousands of miles and we know it.
NCPatrolAR  [Team Member]
2/4/2009 3:50:33 PM
Which county were you stopped in?
cARpenter15  [Member]
2/4/2009 4:37:32 PM
I wouldnt advise just hiring the cheapest ambulance chaser that you get a letter in the mail from. Ask around. Find a good lawyer and just pay up. Any lawyer worth anything will get it taken care of. This is nothing to worry about, just be prepared to pay around $300. My driving record is NOT spotless. I have 4 improper equipment convictions in the last 2 years that stemmed from charges ranging from no operators licencse to 78 in a 55. I dont have the cheapest attorney, but he ALWAYS gets the job done.
MrShanks2U  [Member]
2/4/2009 4:39:23 PM
Originally Posted By fenderfreek:
...but shelling out the dough back when I was stupid means I have a clean record now that I know better.



Did you get your record expunged? If not then those tickets are still there. I got that shock a couple weeks ago when I performed a background check on myself. I got 2 tickets, one in 2002 and one in 2003. Both were handled by a lawyer and both were settled as improper equipment. But I always thought that if you had a lawyer take care of the tickets then they weren't on your record...but they were. No big deal though, it's only 2 tickets and very few jobs discriminate against speeding tickets.
MFP_4073  [Member]
2/4/2009 6:31:06 PM
Originally Posted By anjan9:
get an attorney. Hopefully your speeding ticket will turn into "improper equipment".


I agree this is a good approach for a first offense.

15+ over is considered a class 2 misdeameanor.

4073

fenderfreek  [Team Member]
2/4/2009 6:47:02 PM
Originally Posted By MrShanks2U:
Originally Posted By fenderfreek:
...but shelling out the dough back when I was stupid means I have a clean record now that I know better.



Did you get your record expunged? If not then those tickets are still there. I got that shock a couple weeks ago when I performed a background check on myself. I got 2 tickets, one in 2002 and one in 2003. Both were handled by a lawyer and both were settled as improper equipment. But I always thought that if you had a lawyer take care of the tickets then they weren't on your record...but they were. No big deal though, it's only 2 tickets and very few jobs discriminate against speeding tickets.


I've done the same thing, and they do show up, but as "Improper Equipment" and that's it. The biggest thing is that it doesn't go on your insurance, and there are no points involved if you get it taken down to that, so it's essentially like it never happened.
MrShanks2U  [Member]
2/4/2009 6:54:53 PM
Originally Posted By fenderfreek:
Originally Posted By MrShanks2U:
Originally Posted By fenderfreek:
...but shelling out the dough back when I was stupid means I have a clean record now that I know better.



Did you get your record expunged? If not then those tickets are still there. I got that shock a couple weeks ago when I performed a background check on myself. I got 2 tickets, one in 2002 and one in 2003. Both were handled by a lawyer and both were settled as improper equipment. But I always thought that if you had a lawyer take care of the tickets then they weren't on your record...but they were. No big deal though, it's only 2 tickets and very few jobs discriminate against speeding tickets.


I've done the same thing, and they do show up, but as "Improper Equipment" and that's it. The biggest thing is that it doesn't go on your insurance, and there are no points involved if you get it taken down to that, so it's essentially like it never happened.


Yea, luckily. When I got my background check paperwork and saw those 2 tickets I had on there I freaked out for a minute. But then I called my lawyer and he told me what the deal was so everything is cool now.
tangbang  [Team Member]
2/4/2009 7:54:51 PM
Originally Posted By NCPatrolAR:
Which county were you stopped in?


Davidson

How do I contact the DA if I choose to go down that path? Do I wait until the court date and try to speak with him/her or do I try and get in touch with the DA before my date?

noxcuses  [Member]
2/4/2009 8:27:20 PM
Hey B, Get a lawyer!!! Jodie just got out of a 51/35 ticket in Guilford co... No matter how much you beg and cry to the DA, they will not drop it. Now that you have a extra dollar or two .. let a lawyer take care of it.
dp1one  [Team Member]
2/4/2009 9:02:18 PM
Dude, screw paying a lawyer!

Since this is your first offense I'd ask for a prayer for judgment. Pay court costs and you're GTG, just don't get another ticket within three years.

Info here: LINK
From the above link:
The conditions normally include that if within a certain time period the accused repeats the crime or a similar one he/will face both charges. However if the accused stays clean for the time period the record is expunged and the accused will face no trial or punishment for the alleged offense. In North Carolina the probationary time period is typically three years.

In NC for automobile insurance purposes, one can have up to one PJC per household every three years that will not cause insurance premium increases. For driver’s license purposes, a driver can have up to two PJCs within a five year period which will not result in driver’s license points nor have any effect on the driving record of the person receiving the PJC.


I've done this for a 77 in a 65 citation.
NCPatrolAR  [Team Member]
2/4/2009 9:13:17 PM
Originally Posted By tangbang:
Originally Posted By NCPatrolAR:
Which county were you stopped in?


Davidson

How do I contact the DA if I choose to go down that path? Do I wait until the court date and try to speak with him/her or do I try and get in touch with the DA before my date?



YOu can call the DA's office and they will put you in touch with who you need to speak to.
The_Punisher  [Team Member]
2/5/2009 7:00:32 AM
I got one in Buncombe Co. (74 in a 55), I spoke to a State Hwy. Patrol officer (my business partners brother in-law) he said I should ask for Prayer for judgement. Went in to court the assistant DA asked if I would accept 9MPH over the limit, paid $129.00 in cash and was done.
If you go to court sit as close to the front as possible, you'll get out of there faster.
sinsir  [Member]
2/5/2009 1:11:07 PM
Originally Posted By NetJunkie:
Pay a lawyer. They might drop it..they might not. 15+ in NC is a big deal. Can lose your license for a year and go to jail for 30 days. I really doubt that ever happens but pay the lawyer.


yep !!!! - i got nailed doing 15+ on IDP BLVD in charlotte at 3am, the LEO was a young cop and a prick, he flipped out about the CHP.

the best thing you can do is pay a lawyer..... don't worry you will start getting mail and calls from them shortly if you were doing 15+ if you have a clean record, he should be able to get you a PJC, or a reduced speed + court fees. don't quote me on this but i think NC considers 15+ as wreckless driving, and that kind of hit on your insurance is well worth the price of the lawyer

just an added note - the LEO's were out in force on I77 north of mooresville yesterday, local K9's,state troopers,patrol cars,unmarked,county cars, you name it...


Western132  [Member]
2/5/2009 11:59:01 PM
Originally Posted By The_Punisher:
I got one in Buncombe Co. (74 in a 55), I spoke to a State Hwy. Patrol officer (my business partners brother in-law) he said I should ask for Prayer for judgement. Went in to court the assistant DA asked if I would accept 9MPH over the limit, paid $129.00 in cash and was done.
If you go to court sit as close to the front as possible, you'll get out of there faster.


That's the best advice out of all of the other posts. Talk to the DA and see if they will reduce it down to 9mph over for you. It will cost you $25 for the ticket and $121 for court costs and you are out of there. Save the PJC for your second ticket if you ever get one. Oh and you can do all the above without paying a lawyer to do it. Save the lawyer for going to trial on something other than a speeding ticket. Chances are you are not going to beat a trooper in a speeding trial. And in case you are wondering how I know this, I am LEO here in NC.
Strider47  [Member]
2/6/2009 12:24:52 AM
Originally Posted By anjan9:
get an attorney. Hopefully your speeding ticket will turn into "improper equipment".


This.

Strider47  [Member]
2/6/2009 12:26:01 AM
Originally Posted By tangbang:
Originally Posted By NCPatrolAR:
Which county were you stopped in?


Davidson

How do I contact the DA if I choose to go down that path? Do I wait until the court date and try to speak with him/her or do I try and get in touch with the DA before my date?



DDT!!!

Strider47  [Member]
2/6/2009 12:27:46 AM
Originally Posted By dp1one:
Dude, screw paying a lawyer!

Since this is your first offense I'd ask for a prayer for judgment. Pay court costs and you're GTG, just don't get another ticket within three years.

Info here: LINK
From the above link:
The conditions normally include that if within a certain time period the accused repeats the crime or a similar one he/will face both charges. However if the accused stays clean for the time period the record is expunged and the accused will face no trial or punishment for the alleged offense. In North Carolina the probationary time period is typically three years.

In NC for automobile insurance purposes, one can have up to one PJC per household every three years that will not cause insurance premium increases. For driver’s license purposes, a driver can have up to two PJCs within a five year period which will not result in driver’s license points nor have any effect on the driving record of the person receiving the PJC.


I've done this for a 77 in a 65 citation.


Yeah, well 12 over is a LOT different than 15+ over. He needs to get a lawyer. If you have a habit of getting speeding tickets, it's best to save the PJC and go the improper equipment route (via a lawyer) first. Don't screw around when you could be found guilty of reckless driving.

I'm not a police officer or lawyer, but have 22 years experience with NC traffic laws.

cARpenter15  [Member]
2/6/2009 4:57:56 AM
Dont just settle for getting it reduced, 99.9% chance your insurance rates will jump. The PJC is nice, but I wouldnt use it. One slip up in the next 3 years and you will get nailed for both charges.
L A W Y E R
SevenSixTwoAKfreak  [Member]
2/6/2009 8:25:54 AM
Please don't kill the messenger here, but I am a little perplexed about this "CHP" thing you guys are talking about. In my personal experience of friends getting pulled for any reason (speeding 8mph over.....failure to use turn signal...) The first thing the officers have said upon first contact is "where is it?" obviously they know you have a permit for CCW issued by pulling your plate before they even hit the lights. That is fact on 3 seperate occasions I am privy to in Catawba Co....all different departments in each occasion.
As for which law enforcement branch pulls you... in NC...the SHP guys are taught to very "comfortable and in command" of every situation. I've known a guy for a long time who I used to work with before he decided to join SHP. If you ever notice, they have no barrier or glass between front/back and will sit a suspect in the front seat with them ...even if transporting them to the local lock-up. That is their way, good or bad, cockey or not.
This is no knock by me to the original poster or any others, but WHY would you fumble in any situation with LE? I wouldn't want to fan flames dealing with an inexperienced LE as one poster mentioned about a "cockey young officer in Charlotte" I am not saying don't exercise your rights.
And to add my humble opinion to the original question; if it is in a county you know someone in, ask who the best traffic Atty. is and pay them. You might even call the clerk of courts office and ask who does the most buisness with them.
Either way, good luck with it
tangbang  [Team Member]
2/6/2009 12:00:57 PM

Okay - after reading all this and speaking with a couple co-workers with experience in these matters, I was given the following advice:

Contact Legal Alternative in High Point. They cover Davidson County as well.

Basically I send them copy of citation along with $75. They apparently go to court on my behalf and get the charge reduced to Improper Equipment. They then send me letter with confirmation, along with instructions on how to pay the $25 + $121 and I am done.

Does anyone see a problem with this?
FreeFloater  [Member]
2/6/2009 7:28:48 PM
Originally Posted By maxell27:
Pay the lawyer.

Max


This cannot be stressed enough.

This is going to cost you. Let the lawyer take the stress out of it at least.
honorabledog  [Team Member]
2/7/2009 9:05:30 AM
Originally Posted By tangbang:

Okay - after reading all this and speaking with a couple co-workers with experience in these matters, I was given the following advice:

Contact Legal Alternative in High Point. They cover Davidson County as well.

Basically I send them copy of citation along with $75. They apparently go to court on my behalf and get the charge reduced to Improper Equipment. They then send me letter with confirmation, along with instructions on how to pay the $25 + $121 and I am done.

Does anyone see a problem with this?



I just got a letter from these guys(along with 10 other attorneys) on Friday. I got a ticket for 70 in a 55 last Thursday on 29. I may go this route myself.

Strider47  [Member]
2/10/2009 1:10:18 AM
Originally Posted By tangbang:

Okay - after reading all this and speaking with a couple co-workers with experience in these matters, I was given the following advice:

Contact Legal Alternative in High Point. They cover Davidson County as well.

Basically I send them copy of citation along with $75. They apparently go to court on my behalf and get the charge reduced to Improper Equipment. They then send me letter with confirmation, along with instructions on how to pay the $25 + $121 and I am done.

Does anyone see a problem with this?


Nope, although High Point is Guilford County. The process sounds eerily familiar.

Try to avoid taking the driver's education class if you can. Save it for a later ticket. If you have to take the class, it can often be completed online.

Strider47  [Member]
2/10/2009 1:10:58 AM
Originally Posted By honorabledog:
Originally Posted By tangbang:

Okay - after reading all this and speaking with a couple co-workers with experience in these matters, I was given the following advice:

Contact Legal Alternative in High Point. They cover Davidson County as well.

Basically I send them copy of citation along with $75. They apparently go to court on my behalf and get the charge reduced to Improper Equipment. They then send me letter with confirmation, along with instructions on how to pay the $25 + $121 and I am done.

Does anyone see a problem with this?



I just got a letter from these guys(along with 10 other attorneys) on Friday. I got a ticket for 70 in a 55 last Thursday on 29. I may go this route myself.



Rockingham? Guilford?
honorabledog  [Team Member]
2/10/2009 8:08:22 AM
Originally Posted By Strider47:
Originally Posted By honorabledog:
Originally Posted By tangbang:

Okay - after reading all this and speaking with a couple co-workers with experience in these matters, I was given the following advice:

Contact Legal Alternative in High Point. They cover Davidson County as well.

Basically I send them copy of citation along with $75. They apparently go to court on my behalf and get the charge reduced to Improper Equipment. They then send me letter with confirmation, along with instructions on how to pay the $25 + $121 and I am done.

Does anyone see a problem with this?



I just got a letter from these guys(along with 10 other attorneys) on Friday. I got a ticket for 70 in a 55 last Thursday on 29. I may go this route myself.



Rockingham? Guilford?


Guilford next to Reedy Park area. I was speeding, diddn't know that bad at the time but I was pushing it. Trooper was nice and I believe he is the same Trooper that give me a warning back during the summer while riding my moto to work. I was speeding then too, need to slow it down.


Eta: I chose a different Lawyer than Legal Alt.

Western132  [Member]
2/10/2009 12:55:55 PM
Originally Posted By tangbang:

Okay - after reading all this and speaking with a couple co-workers with experience in these matters, I was given the following advice:

Contact Legal Alternative in High Point. They cover Davidson County as well.

Basically I send them copy of citation along with $75. They apparently go to court on my behalf and get the charge reduced to Improper Equipment. They then send me letter with confirmation, along with instructions on how to pay the $25 + $121 and I am done.

Does anyone see a problem with this?



Be very careful about the lawyers that say they will go to court for you. 15+ over a speed limit of 55mph is a mandantory court appeareance for you and if that attorney gets tied up in another court which they often do and the Judge calls your name and you do not answer they will issue a warrant for your arrest for failure to appear. Go to court on the day at the top of the citation and talk to a ADA and ask if they will reduce it for you. If they will not then they will ask what you want to do for a lawyer. Tell them you want to hire one and get it continued to another date. But like I said earlier its your responsibility to be in court. If the attorney does not show up then they wont issue a warrant for the lawyer. I give out tickets like yours for a living and they get reduced for individuals all the time and most dont have a lawyer.
sinsir  [Member]
2/10/2009 1:43:44 PM
Originally Posted By SevenSixTwoAKfreak:
Please don't kill the messenger here, but I am a little perplexed about this "CHP" thing you guys are talking about. In my personal experience of friends getting pulled for any reason (speeding 8mph over.....failure to use turn signal...) The first thing the officers have said upon first contact is "where is it?" obviously they know you have a permit for CCW issued by pulling your plate before they even hit the lights. That is fact on 3 seperate occasions I am privy to in Catawba Co....all different departments in each occasion.
As for which law enforcement branch pulls you... in NC...the SHP guys are taught to very "comfortable and in command" of every situation. I've known a guy for a long time who I used to work with before he decided to join SHP. If you ever notice, they have no barrier or glass between front/back and will sit a suspect in the front seat with them ...even if transporting them to the local lock-up. That is their way, good or bad, cockey or not.
This is no knock by me to the original poster or any others, but WHY would you fumble in any situation with LE? I wouldn't want to fan flames dealing with an inexperienced LE as one poster mentioned about a "cockey young officer in Charlotte" I am not saying don't exercise your rights. And to add my humble opinion to the original question; if it is in a county you know someone in, ask who the best traffic Atty. is and pay them. You might even call the clerk of courts office and ask who does the most buisness with them.
Either way, good luck with it



i won't take it as a "knock", but in my own defense, i did not fumble in the least bit. the LEO was young and inexperienced, and was freaked out when, as per state law requires,- that i inform the LEO that i am carrying a CH. i did my best to keep things calm and in control, as i did not want to be shot either.

the short side of a long story is - everything was better when another few officers showed up, the handcuffs came off, i was questoned with all the normal stuff, ie have you been drinking, where are you going, bla bla bla ....and i had a nice talk with one of the older LEO, about the CH, how i acted, and how the younger one acted as well, ... whom after talking to the older one himself, ..... felt it nessesary to say that he was sorry for being overly reactive and unproffessional

i understand that the job is stressfull, you don't know when you pull somebody over, who is in the car, or what the intentions are....but not everybody out there is a thug up to no good ... even at 3am, all i'm saying is i'm not .. so don't treat me like one
Shifteybricks  [Member]
2/10/2009 2:57:00 PM
The only ticket I have gotten was for doing 65 in a 45. I was in retail management at the time,and that week was inventory week; I had just finished a 72 hour work week. I was tired and wanted to go home. The County Mounty that pulled me over was a jerk. He had me get out of the car and pat me down. He wrote me a ticket, and when I went to court for it the Judge dropped it down to 50 in a 45. I just payed the fine.
tangbang  [Team Member]
2/10/2009 5:10:45 PM
I work with a guy who has used Legal Alternatives several times in the past two years. He has gotten out of the speeding ticket and into Improper Equipment every time.

My wife works walking distance from these guys as well so she was kind enough to bring payment and a copy of my citation to them yesterday. Last night she brought home a form that Ineeded to sign and dropped it off for me today. All this has saved several days of mail correspondence back and forth.

Now if I can just get the 15+ reduced to IE, I'll be one happy (and fortunate) dude.

My court date is Feb 25 - I'll post back again afterwards as an FYI for others.

(unless there is a warrant for my arrest, in which case I'll be making a run for the border )
NCPatrolAR  [Team Member]
2/10/2009 5:29:20 PM
Originally Posted By sinsir:
Originally Posted By SevenSixTwoAKfreak:
Please don't kill the messenger here, but I am a little perplexed about this "CHP" thing you guys are talking about. In my personal experience of friends getting pulled for any reason (speeding 8mph over.....failure to use turn signal...) The first thing the officers have said upon first contact is "where is it?" obviously they know you have a permit for CCW issued by pulling your plate before they even hit the lights. That is fact on 3 seperate occasions I am privy to in Catawba Co....all different departments in each occasion.
As for which law enforcement branch pulls you... in NC...the SHP guys are taught to very "comfortable and in command" of every situation. I've known a guy for a long time who I used to work with before he decided to join SHP. If you ever notice, they have no barrier or glass between front/back and will sit a suspect in the front seat with them ...even if transporting them to the local lock-up. That is their way, good or bad, cockey or not.
This is no knock by me to the original poster or any others, but WHY would you fumble in any situation with LE? I wouldn't want to fan flames dealing with an inexperienced LE as one poster mentioned about a "cockey young officer in Charlotte" I am not saying don't exercise your rights. And to add my humble opinion to the original question; if it is in a county you know someone in, ask who the best traffic Atty. is and pay them. You might even call the clerk of courts office and ask who does the most buisness with them.
Either way, good luck with it



i won't take it as a "knock", but in my own defense, i did not fumble in the least bit. the LEO was young and inexperienced, and was freaked out when, as per state law requires,- that i inform the LEO that i am carrying a CH. i did my best to keep things calm and in control, as i did not want to be shot either.

the short side of a long story is - everything was better when another few officers showed up, the handcuffs came off, i was questoned with all the normal stuff, ie have you been drinking, where are you going, bla bla bla ....and i had a nice talk with one of the older LEO, about the CH, how i acted, and how the younger one acted as well, ... whom after talking to the older one himself, ..... felt it nessesary to say that he was sorry for being overly reactive and unproffessional

i understand that the job is stressfull, you don't know when you pull somebody over, who is in the car, or what the intentions are....but not everybody out there is a thug up to no good ... even at 3am, all i'm saying is i'm not .. so don't treat me like one


When and where were you stopped? Also, do you recall the name of the officer that stopped you? You can PM the info to me if you want.
Strider47  [Member]
2/10/2009 11:31:57 PM
Originally Posted By tangbang:
I work with a guy who has used Legal Alternatives several times in the past two years. He has gotten out of the speeding ticket and into Improper Equipment every time.

My wife works walking distance from these guys as well so she was kind enough to bring payment and a copy of my citation to them yesterday. Last night she brought home a form that Ineeded to sign and dropped it off for me today. All this has saved several days of mail correspondence back and forth.

Now if I can just get the 15+ reduced to IE, I'll be one happy (and fortunate) dude.

My court date is Feb 25 - I'll post back again afterwards as an FYI for others.

(unless there is a warrant for my arrest, in which case I'll be making a run for the border )



Dude, don't sweat it. This is a lay-up. It won't hurt to keep tabs on your lawyer.