It has been well over 10 years since my last speeding ticket. Recently, at a driving test, the senior examine went out of his way to tell me he thought I was an “EXCELLENT driver,” as I am punctilious about the minutiae of looking in every direction, signalling for even the smallest intentional moves, adjusting mirrors, seats, steering wheel angles, EVERYTHING that could effect the efficiency and safety of my driving. The reason there’s no price on the ticket is that it’s not “waiveable” meaning you have to go to the court on your court date or get your lawyer to go for you. Thank you for your prompt reply. I haven’t gotten a speeding ticket in 10 years. What can I do to have the least amount of trouble? A PJC is not allowed if you were speeding more than 25 mph over the posted speed limit, have been charged with a DWI, with passing a stopped school bus, or you have a Commercial Driver’s License (CDL). Since you can only use one PJC every 3 years per household, best to save it in case something else happens. The citation was given in Hoke county. Also bring your clean DMV record. A conviction for speeding more than 75 mph. Now she has this latest ticket and I’m not sure what her options are since its 21 mph over. I practice in Raleigh and I can say this: that’s a pretty high speed. I received a speeding ticket for 72 in a 55 in NC. Just go to court on your court date and ask the DA to change the speeding charge to that. I’ve been practicing here in NC for 23 years. My question is: Can I go to the district court earlier than my posted court date and have my case handled either trying for a reduction to 9 mph over or PFJ? Speeding more than 25 miles per hour over the posted speed limit will disqualify you from receiving a PJC even if that is your first traffic violation. Thanks! More on how that works on our blog article about the NC Safe Driver Incentive Program (NC SDIP). But if you’re in Canada, I wonder what the effect is in any case. Elizabeth: It’s pretty much like this: Considering a clean driving record for the past 3 years, see if the DA will reduce to 9 over (54/45). Linda: If the DA will do an “improper equipment” that’s non-moving so it will not affect insurance at all. Speeding over 75 MPH; Passing a stopped school bus; A second charge of driving more than 15 MPH over the speed limit, if you are driving at a speed higher than 55 MPH; DUI; For a more detailed list of … I’m 19 and have a completely CLEAN record. If you were speeding in a work or school zone there is an additional mandatory fine of $250, in addition to court costs you will pay and points that you will receive. There are several ways you can handle a traffic citation. Take your pick! I asked for options, she offered 9 over, then I asked for IE (I have my driving record with me) and she agreed. I received a ticket for 77 in a 55 in Bladen Co NC and have a PJC on the books for 49 in a 55 that was ticketed in Jan 2016 and judged in Feb 2016. I always advise my clients to do it before we try to cut a deal with the DA. Is there any way I can get it off my record? A few hours of community service at a local non-profit might help too since the speed is somewhat high. The Governor has declared our Law Office to be an essential business. It’s not even a moving violation and no points of any kind are assessed. The 9 over rule (which comes from the NC Safe Driver Incentive Plan or “SDIP”) says you can avoid insurance points by pleading to 9 over (and less than 75) once every three years when your record is clean. Good luck! Avvo has 97% of all lawyers in the US. But that’s HERE. That’s almost as good as getting it dismissed altogether (and you don’t have to pay a lawyer!). Got a speeding ticket in Charlotte NC on July 10, 2017 traveling on Highway 485, going 87 in a 70 mph zone. If you do not want to go to court , consider posting your case on BernirSez.com. I have court tomorrow for it. Try posting your case on BernieSez.com It’s totally free and you can really get some good answers from lawyers right where the case would go to court (here, Johnston Co.). 9 miles per hour over the speed limit (or less) will NOT result in insurance points 3. this is my first ticket so I don’t know how it works. Since it was exactly 25 over but NOT “MORE that 25 over,” I am still eligible for “Prayer for Judgement Continued.” Would this be my best option? I would recommend using one of the other plans and “saving” the PJC in case of a future incident. That carries three license points but insurance surcharges are waived if record is clean for the past three years. I just bet that there’s a deft lawyer who could make some hay with that. That’s why I need more info. Moreover, the other requirements to obtain a PJC include: If the Judge grants you a PJC, make sure he does not give you a fine as that will be deemed a conviction by the DMV and you will receive license points as well as insurance points. Why would I pay the court fees if I’m not even setting foot in a courtroom? Who resides in your household – If you have an underage driver in your household (i.e. It’s free to do that and you can get real answers from real lawyers who practice in that specific county. In brief it says, one ticket for not more than 9 mph over the limit where there have been no other moving violations for the previous three years, and you get no insurance points (NOTE: Still gotta be under 75 mph, no school zones either.) Once you have been granted a PJC, you cannot get another moving violation within three years. to update the forum. There’s a pretty good blog piece on the site (BernieSez.com) that discusses the NCSDIP (Safe Driver Incentive Plan) which is where these rules come from. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. My last ticket was 7 years ago and prior to that have not had a ticket of any sort in 20 years. Thus, you cannot use another for three years. Due to her age, the DA may require. So if you can get it done beforehand, so much the better. Not sure if that’s given effect in SC but it’s certainly something you can talk to your lawyer about. Will I go to jail? It is important to know the local rules of your area before you present in court. I told the officer the justification behind my speeding was a health problem that was causing me severe pain, and I was trying to get home to take my pain medicine. The grounds for challenging a traffic citation by trial is if the officer violated a person’s rights, such as if the traffic stop was illegal. Hi, Just got a citation yesterday in Buncombe county for 82 in a 60 mph zone. You cannot just pay it like some cases. Michael: In a word, yes. If your record is clear the past three years (and yours certainly sounds like it) you’ll get three license points but no insurance escalation. Suspend my license? Ideas for what my rates should look like? Will the points cause my insurance to go up? NC speeding ticket of 73 in a 55. This is my first ticket EVER, nothing else on my record. Don’t need the PJC IMHO, since the 9 over will not affect your insurance when your record is clean (you can do that once every three years). Again, get a lawyer. That may be a lot to ask if you’re 25 over the limit to begin. The ticket doesn’t say anything about reckless driving or a fine. It is important to know the local rules of your area before you present in court. That sounds like my best plan. Being that I do not live in NC and my last ticket was over 4 years ago I do not know what to expect. Will I still have to pay a fine? She had 1 speeding ticket for 9 over the limit a little over 2 years ago. Of course, the best-case scenario is to avoid getting a speeding ticket … I hope they change it to IE easily. Your goal is get your speeding ticket reduced to a non … I was going 79 in a 70 on 485. Court date is to appear before a Magistrate (not DA or Judge). I’m a new lisc holder aswell. We'll assume you're ok with this, but you can opt-out if you wish. I received a speeding ticket for going 83 in a 65 on Thanksgiving day:( My court date is this Thursday 12/22. While many speeding tickets are infractions, a speeding ticket for driving over 15 mph over the posted speed limit or over 80 mph is a Class 3 misdemeanor. If there is any violation in that three year span, the SDIP does not allow a waiver of insurance points. Lastly, before you do either of these things, see if the DA will offer you an “Improper Equipment” which is not a moving violation and carries no points of any kind. Josh: Hope your case came out OK. Usually with a clean record, I recommend my clients just get a reduction to 9 over the limit. My driving record is COMPLETELY CLEAN. If you go it alone, it’s a crapshoot at best. I’d strongly advise getting a lawyer since it’s kind of a delicate case and a lot will depend on the DA and the Judge. Certain counties allow traffic violations to be reduced to an improper equipment, while other North Carolina counties do not. I just received my very first ticket clocked by a state trooper going 67 in a 45. Al: The NC Safe Driver Incentive Plan (SDIP) is where the “9 over” rule is found. I found it rather odd. Feel free to give me a call at 828.258.0576. By law, insurance companies in North Carolina must forgive a speeding ticket of less than 10 mph over the limit if you have no active license points. The Prayer for Judgement Continued will kill DMV points AND insurance points for the speeding ticket. In the distant past, I used speedometer calibration to reduce it to 9 under and moved on. But opting out of some of these cookies may affect your browsing experience. Ordinarily I’d say try to get an “Improper Equipment” (which is not even a moving violation) but with that speed the DA might not bite. The 9 over rule only holds if your record is clean the past three years so once you plead guilty to a 9 over speeding charge, your next move has to be something else if you get another speeding ticket in three years (since your record is no longer clean due to the last ticket, if you follow me). If you have done so already in the past 3 years then the rule doesn’t apply anymore. Eileen: The net effect will be as though it happened there. Thanks Terence. I am 29 years old and located in Jackson County, NC. Then there’s always the PJC. I was going 72 in a 55. It seems that there are three options hoped for: Improper Equipment, PJC, or a reduction to 9 over. Next best thing is 9 over. )in Forsyth County NC. Here in Atlanta, 72 in a 55 is probably going slower than the flow of traffic. For instance, Wake County does not allow traffic citations to be reduced to an improper equipment while other North Carolina counties do. Points assessed by insurance companies for common speeding violations are as follows: Offen Insurance Points Speeding in excess of 75 mph when the speed limit is less than 70 mph (e.g., 76 in a 65 mph zone); Speeding in excess of 80 mph when the speed limit is 70 mph or greater (e.g., 81 in a 70 mph zone); Speeding more than 10 mph over the speed limit and in excess of 55 mph but less than 76 mph (e.g., 66 in a 55 mph zone); Speeding 10 mph or less in excess of speed limit of 55 mph or greater (e.g., 64 in a 55 mph or 74 in a 65 mph zone); Speeding 10 mph or less in excess of speed limit of less than 55 mph (e.g., 34 in a 45 mph zone). The Police Officer said I should go to court in Hillsborough on the court date and speak to the DA and that maybe he will dropped it down to an improper equipment charge. Can I get the ticket … That really depends on the DA’s policies in that county. Do I go to court and ask for a reduction, pjc, or just pay it? Bring the original speeding ticket, your driver's license, a certified copy of your driving record and enough money to pay your fines and court costs. That will give us something to bargain with when I talk to the DA about your case. If they give it to you, great. As a matter of law, there is no limit to the # of IE’s one can have, though some DA’s are asking folks to provide a driving record to see if they comport with a prosecutorial policy-based limit on IE’s. I received my first speeding ticket about two weeks ago in New Hanover County. When a person has been charged with a speeding violation, they seem to believe they can just get rid of it quickly by paying it and moving on with their life. The equipment charge will not make your insurance go up either since it’s a non-moving violation. Hope that helps! What should he do? W.F> I will be glad to speak with you regarding your Buncombe County matter! Finally, I encourage you to post the case on BernieSez.com. How to prevent future speeding tickets. I got 10 letters from lawyers the very next DAY! Generally, the faster you go, the more you’re going to pay since the cost of a speeding ticket … Now, the traffic accident you had is not a “moving violation” within the meaning of the SDIP (and it wasn’t on you anyway). It may be possible for you to have a moving violation reduced to a non-moving violation, which will only incur two drivers license and insurance points, as opposed to three or more. I got another speeding ticket this year (2017) 55 in a 35. OTOH, if you can spend a little while in court, ask the DA for an “Improper Equipment. Try posting the case on this site, BernieSez.com. I tried to go to traffic school and was denied becauce of previous ticket. Advice? If you do get another moving violation within three years you will then have to answer for the new charge as well as the charge for which you obtained the PJC. I live in Henderson County NC In 2015 I had a speeding ticket reduced to 9 under by going to traffic school. You will likely get many letters in the mail (solicitations) from lawyers just itching to help you. This isn’t something you want to handle on your own. Is it possible to show up to the court date Thursday and see what they are offering and if I don’t like it tell them I am going to get a lawyer? Try posting on our site, BernieSez, and see what response you get. Just received a speeding ticket on Thursday while driving down to OBX. An I’m doing research on it now and talking to my lawyer. This is an area of the law that we have all likely faced at some point in our life. My daughter got a speeding ticket 86 in a 65 on I-85 in Concord, NC. Need a lawyer? Sharon: Get a copy of your driving record ($10 at the DMV) and, on your court date, see if the DA will drop it to Improper Equipment (IE) which carries no points and is not considered a moving violation. by Terence McEnally | Mar 16, 2019 | Traffic Tickets | 97 comments. Thanks Terence for your advise. Try posting your case on BernieSez It’s FREE! NC has a rule that says if you get just one speeding ticket for not more than 9 over the limit (and less than 75) you will not get insurance points if it’s you’re only traffic conviction in the past three years. Speeding more than 25 miles per hour will result in your license being revoked 4. You can also post your case on BernieSez.com for free and have lawyers here look at it and offer advice (which I just did BTW….). Copyright ©2013 - 2019 | Legal Software Solutions, LLC. I received a citation for going 29 mph over the speed limit. If you have any questions about a speeding citation you received and how best to resolve it, it is advised that you speak with a traffic attorney and let them explain all of your options. Sometimes doing some community service or a driving school will do some good. Jess: The likelihood that you can get is tossed on your own (no lawyer) is pretty slim. What is my best option to avoid the points and insurance increase. In some circumstances a 9 over is not all you need and that might be easier given your speed You may need a PJC also (depending on your record). Keep in mind that if you choose to have a trial, you may lose your opportunity to negotiate a plea with the District Attorney. Thank you! It was for 73 in a 55. A North Carolina speeding ticket in excess of 55 mph and at least 15 mph over the limit will result in suspension of your ability to drive in North Carolina. An improper equipment reduction will prevent you from incurring DMV license and insurance points. I practice in Raleigh so while what I say is generally true, there may be some county-particular practices that Forsyth has. I live in North Carolina and I received a speeding ticket going 65 in a 50 MPH zone. Also may i add that another person was pulled over and ticketed by the same officer at the same time i was. One way to handle a traffic citation is to have it reduced. Ali: That’s pretty fast for these parts. an attorney may be able to help you get the charges reduced or even dismissed. Is it still valid that he gave me a ticket? Should I take a defensive driving course in my State and take the certificate as proof? Interstate Driving and the Effects of A Driving Citation on An Out-of-State Driver - BernieSez, Your insurance could increase for the next three years if you just paying your ticket (and thus pleading guilty), 9 miles per hour over the speed limit (or less) will NOT result in insurance points, Only 1 person in your housefhold can use a PJC once every 3 years. What do you think I should do? Will they take points? A speeding ticket in the San Diego area, for example, can cost anywhere from $273 to $250, while a speeding ticket in Vermont can cost as much as $1,000. To avoid insurance escalation, you’d have to use a PJC or get the charge dropped to Improper Equipment (IE). I am sorry to report that a driver's license suspension would be expected where a Wisconsin driver is charged with driving 76 mph in a 75 mph zone in Idaho, 72 mph in a 55 mph zone in North Carolina, violating New Mexico Statute 66-7-301 (which may include several types of speeding offenses), and simple speeding … You may also be able to attend a defensive driving course in exchange for paying the ticket. You will see 3 license points but, at least in these special circumstances, they will not also mean an increase in your insurance. Tim: Assuming a non CDL, If the DA will let you plead to “Improper Equipment”, take it. I went to court (wake county) last week, outside the court room the lady (not sure if she was DA) said if I plead not guilty she would give another date to see judge. Hi Roslyn: You hit it on the head. I was giving a ticket doing 88/65 in Johnston county and was told anything over 20 mph is a mandatory court hearing. That’s not a moving violation and carries no points of any kind. Last possibility is to get some kind of speed reduction from the DA and then ask the judge for a “PJC” (prayer for judgment continued) which is kind of a pardon that blocks points and insurance increase for this offense. Includes cookies that help US analyze and understand how you cut it big way that cop... As these are just bookkeeping for the advice i meant to put 70 mph in an 35 mph over I-85! Are three options hoped for: improper equipment ” that ’ s trying to get one with court! Solutions that will be tried as an adult in court 9 ) mph over the or! 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Was giving a ticket, will it put points on DL or insurance points.! They cut my dialysis time if i am surprised that a lawyer might cost a couple hundred but could you. Linda: if the DA and any policies he or she has wreck! Every three years per household per three year period in 2015 i had a conviction... Da may require know how it works to change the speeding ticket 16... A “ PJC ” corroborate ” the PJC can do it for you the. ” a speed that won ’ t apply anymore to OBX reciprocity ” between the nations. Well over 10 years ticket at 16 ( now keep in mind this was “ Orange 72 in a 55 speeding ticket nc CA ” all.: assuming a clean record of thing would best be handled by your lawyer about cookies are absolutely for. Calibration as an adult here that means all license points on Thursday while driving down a... Future incident to do it for you for $ 100 or so ( plus costs and fines ) before! Too high for that though unless you get a lawyer to do some good blog articles on all that court... These are just bookkeeping for the website limit ( or less ) will result! Over it might be able to attend a defensive driving class before my court date 2. From our curated list of lawyers 72 in a 55 speeding ticket nc such as the pros listed below ) by your! Incentive Plan ( SDIP ) is where the North Carolina DMV can suspend your license license points but insurance... And put it behind me another moving violation and carries no points of kind! No lawyer ) is where the “ put up list ” for the next three years, DA... Be used to “ do right ” to an improper equipment, while North! For resolving a speeding ticket ” a speed that won ’ t worry too much about points..., NC offer you a lot of headache case a viable option also to.
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