Canadian Tourist In North Carolina Speeding Ticket (Infraction)

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johnstone91

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Hello,

First off I think you guys have a great forum, I have been reading it for quite sometime and never needed to actually use it for personal reasons untill last night.

What the story is that I am currently in the US as a Canadian citizen just visiting my girlfriend. Last night on our way to see a movie in Winston, NC. A state trooper was going the oppisite way on a four lane highway where the limit was 55 MPH. He turned around and pulled me over and said he clocked me doing 75mph in a 55mph zone.. which I think I was doing more like high 60's but that is beside the point. So he issued me a slip with a court date on it for July 28th and told me that I either have to show up for court (which will be a hassle if i am in canada by then) or hire a lawyer in Canada and have them deal with it as my lisence may be suspended (according to him) in ontario because of this Infraction.

So my questions are

1. What is a Infraction?
2. Should I call the DA monday morning and give them my senario and just get a ticket?
3. Obviously this is not something I will goto jail for, but in the event I get a ticket and pay it, will this effect me coming and going to the USA as am in one country just as much as the other.
4. I dont think it matters but the officer did spell my last name wrong he left the "e" off Johnstone. other than that there was nothing for me to sign, rather did not ask me to sign? This IS my first offence ever so im not really to sure about the way things are done.

Last but not least! Does anyone think that if/when i get fined they State of NC will report this back to Ontario? or will they just be happy that i paid the fine and I will never hear of it again.

Thanks for any and all help!

James Johnstone
 
An infraction sometimes also is called a "violation" is the least serious form of a "crime", actually some purists even don't count it as a crime but call it a civil matter. It does not lead to a criminal record, does not lead to jail time. Usually they are disposed off with a fine.

Most violations of traffic laws are inractions. While they usually don't create "records", infractions can create problems with a driving license in those states that have a "point" system, which basically says after so many infractions your license will be suspended. Many states nowadays exchange this information, so if you commit an infraction in New York but you live in New Jersey, the NY authorities will inform the NJ authorites who then will "credit" the points to your account there. I don't know if there is such an exchange of information across the border with Canada, but it is possible.

The trickier question is how to dispose of it, being a tourist. You should call the court where you are supposed to show up and inquire how they want you to handle the problem. Some states have provisions that, if you plead guilty, you can dispose of the problem by mail.
 
Thanks for your input.. yes i am a tourist, eventually hope to be a resident when I get married.. but thats a whole other ball game... so basically.. pay the fine.. no biggy?
 
So after further looking into the matter,
I called the county DA and they told me that 20 over the limit in NC is mandatory that I or my lawyer must show up in court on the date given. So i called around and managed to get a guy who was or worked with the DA office many years ago. Been doing law for 39 - 40 years. Pretty much he told me, I pay him $300 and he goes to court on my behalf... Has the fine reduced to a non moving violation and whatever the fine will be and whatever his fees are, they are paid out of the $300.. and in the event I lose (which he said will be a slim to nil chance).. I pay him like $150 for his time and he sends me the difference from my cheque. So my NEW question is.

If 20 over the limit is such a biggy in NC, that I have to goto court and they could suspend my driving rights in the state of NC for 30 days or whatever and possibly report back to ontario these points. How is this lawyer so sure that its not a big deal and he can walk in there and get me off the hook and have it reduced to something like an improper speedometer (as per his exact words)
 
ticket in NC

My son just received a similar ticket as a Mass resident visiting NC for the US Open (some welcome!)--the speed dropped from 65 to 55 and he didn't notice-- and the trooper clocked him at 72. His was a $350 ticket and will definitely affect his insurance costs for years to come.

I would love to know more about how to have this charge dropped or reduced so it doesn't affect his insurance--he's usuallly a careful driver. There are state troopers everywhere for the Open--probably doing a good business in charging speeding tourists.
 
In NC, conviction of speeding more than 15 over the limit or greater than 80 is a misdemeanor with mandatory court appearance and a possible suspension of you licence. However, if you are out of state, NC can only suspend you right to drive in NC. Your state will decided if or not to suspend you licence. (See below).

Base auto insurance rates are very low in NC. They use minor traffic violations as justification for huge insurance increases. Ticket fix lawyers make good money helping people avoid the insurance increase. Guess which two groups pushed these laws through legislature?

You will be getting offers to help from a number of attorneys in the mail. An experienced attorney has a high probability of reducing the charge to 9 over or a an equipment violation. Using the attorney is almost always a good investment.

For more info, see: NC Licence Points

" If you have an out-of-state driver's license, the NC DMV will only maintain a record concerning an out of state driver if a ticket is issued against that driver in North Carolina. If your state of licensure is a reciprocal state with North Carolina under the compact, then North Carolina may notify your state of licensure of the conviction. Your license will then be dealt with in accordance with your state's law. However, the NC DMV can suspend the driver's license of any North Carolina operator if they are convicted of an offense in another state, which if committed in North Carolina would be grounds for suspension or revocation of their license. N.C.G.S. ¤20-16(7)

If you have an out of state license and commit an offense which is suspendible or revocable in North Carolina, the NC DMV cannot suspend you driver's license but can suspend or revoke your privilege to drive in North Carolina. They will also notify your licensee state which may take additional action. "
 
OPUS, a $350 ticket would not make sense unless he was in a construction zone. They tend to make the entire length of a road in a county a construction zone even if working on a short section at a time.

Fine for speeding is $100 but there is a $250 addition if in a construction zone.

(There's a lot of construction on the roads to get there.)
 
Something i have learned???

Depending on the lawyer you get for the ticket vs the courts that the ticket will be held in depends if you can get out of a speeding ticket by having it dropped to a improper equipment. I for one have a friend that is a lawyer that got one dropped for me bc the DA owed him a couple of favors. The courts are give and take. If the DA can get a lawyer to get his client to plead one way then the DA now owes the lawyer a favor or the other way around.

I scratch your back, you scratch mine
 
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