80 in 65 zone in NC - worth going to court?

[tashanc]

I got stopped doing 80 in a 65 zone in Guildford County. It is my first offence, and I was wondering if it is worth going to court and trying for prayer for judgement. The only slightly tricky thing is that I am a non-resident temporarily working in the USA. I do have an NC drivers licence though (been here 2 yrs). I read on a website somewhere that this amount of speed is considered a misdemenour, and I'm not sure how that will sit with the INS when I try to renew my visa. I'm just wondering what prayer for judgement would do though - does it get rid of offence completely, or just reduce speed? Is there going to be much difference if I get my speed reduced?

thanks for any help.

 

[Robbie]

This is a manditory court appearance risking a 30 day suspension and significant insurance increase.

Being convicted of a misdemeanor is not good, can impact employment in many jobs. I would not be suprised if it could impact you ability to remain in or re-enter the US.

If you can handle yourself well in court (scan some posts here for advise) and have no previous convictions, you might be able to plea it down to a 9 over (no insurance points).

An attorney has a much higher probably get this reduction for you and/or advise on the PFJ if you can't handle the court stuff. (You will not need to spend a day(s) in court).

Check the following links for more NC info.

http://www.ncdoi.com/consumer/Publications/Automobile/Safe Driver Incentive Plan.pdf

http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Trafficpoints.htm

 

[tashanc]

confused

thanks for that. I'm pretty confused now though. The officer who stopped me said I could either choose to pay the $25 fine, or pay $100 in court costs if I wanted to take it to court. He definitely did not say it was a mandatory court appearance.

I guess I don't understand the apparent contradication in the small fine, the relatively non-serious nature of the offence (c'mon, it's not like I killed someone) and the extremely serious repercussions that it can have.

I think I'm going to lawyer up though. It sounds like it's the best idea.

 

[Robbie]

Don't take my word for it. I think the one that kicks it up to a misdemeanor is: "Speeding in excess of 75 miles per hour (mph) when posted limit is less that 70 mph. "

Another way to tell is if you get a couple dozen offers in the mail the next few days from legal firms offering to represent you.

I agree, the reprecussions are not in balance with the offence. Accrding to the links, an at-fault accident that results in bodily injury or death is less insurance points and not a Misdemeanor.

The fines are suprisingly small, the motivation seems to be to increase revenue for the insurance companies and legal firms. Guess who pushed the laws through?