I received a speeding ticket today - 54 mph in a 35 zone in rural NC. However, the posted speed limit in the area is 45 and not 35. Is this a valid argument to get the ticket thrown out or would I be better off getting a prayer for judgement? I haven't been stopped in 20 years. (Also the time on the ticket was wrong - he marked 5am instead of 5pm.)
error on ticket in nc?
- Thread Starter rthomason
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I wouldn't be so quick to use a Prayer for judgement. You can only use one per household every three years so you might want to save this "get out of jail free" card.
Plus if I think if you get a ticket within those three years, the points of the first offense get added to the new one (?)
Call a couple of ticket lawyers to see what they would charge to try to plea it down first. Make sure they know you want to plea it down, they will charge more.
Plus if I think if you get a ticket within those three years, the points of the first offense get added to the new one (?)
Call a couple of ticket lawyers to see what they would charge to try to plea it down first. Make sure they know you want to plea it down, they will charge more.
North Carolina Prayer for Judgement
Sorry but I disagree. The Prayer for Judgement is designed to be used in exactly this type of circumstance. It is not available for more serious offenses/accidents and is certainly not a "get out of jail free" card.
You are correct about the both tickets showing for some states but this is not correct for NC. Usually both tickets will show where the probation or deferment period is one year or less. A good example is Texas which only has a ninety day probation period in their deferment program.
Based on the posters driving habits it is unlikley they will receive another ticket in the next three years anyway.
Sorry but I disagree. The Prayer for Judgement is designed to be used in exactly this type of circumstance. It is not available for more serious offenses/accidents and is certainly not a "get out of jail free" card.
You are correct about the both tickets showing for some states but this is not correct for NC. Usually both tickets will show where the probation or deferment period is one year or less. A good example is Texas which only has a ninety day probation period in their deferment program.
Based on the posters driving habits it is unlikley they will receive another ticket in the next three years anyway.
Sorry for the poor attempt at humor, I should have typed "get out of you first minor traffic ticket for free card" 
In NC, especially if if I had a chance to get 19 reduced to a 9 over, I'd check my options.
In NC, you can loose your licence for just 15 over and no SDIP (insurance) points are charged for 10 or less over so the question to have the posted speed corrected seems worth checking into. It wouldn't hurt to call the officer and verify the correct speed limit for that section of road.
Perhaps the remaining can then be plead down to a non-moving and keep a clear record and the option for a future PJC as an "ace in the hole."
If I've got this right: given he was charged with driving 54 a 35 m.p.h. zone, by admitting guilt and paying the fine, he will receive three driver's license points and two insurance points -- a 40% insurance rate increase will result in premiums going from $1000 to $1400 for the next threee years.
If convicted of the lesser charge of driving 54 a 45, he might save in several ways. Only two driver's license points assigned instead of three. No insurance points will be assigned, insurance premiums will not increase ($1,200 saving in insurance over 3 years).
Assuming the charge could not be pled down further, by obtaining a PJC on this same charge, he could avoid both driver's license points and insurance points.
An attorney can advise when a plea to a reduced speed or violation, a prayer for judgment continued (PJC), or other options that may be available and in a person's best interest.
Police everywhere are getting much more serious at enforcing speed limits (for good reason). NC invested in a wide variety of un-marked vehicles running the latest front and rear measuring radar. It may be difficult to go many years without getting caught at a moment of distraction rolling down a rural mountain road.
NC Safe Driver Incentive Plan
NC Traffics and insurance Points
In NC, especially if if I had a chance to get 19 reduced to a 9 over, I'd check my options.
In NC, you can loose your licence for just 15 over and no SDIP (insurance) points are charged for 10 or less over so the question to have the posted speed corrected seems worth checking into. It wouldn't hurt to call the officer and verify the correct speed limit for that section of road.
Perhaps the remaining can then be plead down to a non-moving and keep a clear record and the option for a future PJC as an "ace in the hole."
If I've got this right: given he was charged with driving 54 a 35 m.p.h. zone, by admitting guilt and paying the fine, he will receive three driver's license points and two insurance points -- a 40% insurance rate increase will result in premiums going from $1000 to $1400 for the next threee years.
If convicted of the lesser charge of driving 54 a 45, he might save in several ways. Only two driver's license points assigned instead of three. No insurance points will be assigned, insurance premiums will not increase ($1,200 saving in insurance over 3 years).
Assuming the charge could not be pled down further, by obtaining a PJC on this same charge, he could avoid both driver's license points and insurance points.
An attorney can advise when a plea to a reduced speed or violation, a prayer for judgment continued (PJC), or other options that may be available and in a person's best interest.
Police everywhere are getting much more serious at enforcing speed limits (for good reason). NC invested in a wide variety of un-marked vehicles running the latest front and rear measuring radar. It may be difficult to go many years without getting caught at a moment of distraction rolling down a rural mountain road.
NC Safe Driver Incentive Plan
NC Traffics and insurance Points
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As a follow up note - I went to the DA's office and they offered to reduce the ticket to 40 in a 35. I accepted this and paid the fine. I could not proceed with a Prayer for Judgement because my husband had one for a lane violation a few years ago. Evidently only on PFJ per household in three years. Since there are no insurance points involved for only 5 over the speed limit, I did not see a need to proceed any further. FYI, I was in and out of the DA's office in less than 5 minutes. They have a half hour period per day set aside for such things. I didn't even half to explain anything or show my proof. I just said I didn't want to plead guilty to the charge as written. An attorney was going to charge $150.00 for the same service.
Thanks for posting the follow-up I'm glad it worked out for you. Considering potential insurance impact, probably one of the most profitable 5 min you can have! Was the zone you were clocked in really a 40? I guess you could have filed for divorce to get the PJC.
I moved to NC a few months ago and am just learning the system after being introduced to one of NC's finest last week after he took my picture passing a logging truck at warp speed
First one in 25 years...
The NC system seemed crooked at first but after giving it some thought, its not a bad approach to get the sane people to slow down a little and make the crazies pay the high insurance.
I moved to NC a few months ago and am just learning the system after being introduced to one of NC's finest last week after he took my picture passing a logging truck at warp speed
First one in 25 years...The NC system seemed crooked at first but after giving it some thought, its not a bad approach to get the sane people to slow down a little and make the crazies pay the high insurance.
Just passing thru
Hey, I'm new to NC and this forum. I was passing through NC on my way back from SC recently. This is the first time I have ever been anywhere near NC. A trooper pulled me over for speeding and claimed that I was doing 95 in my Honda Element. I knew I was speeding, but I didn't argue with him. Anyway, he gave me a Reckless and I have to appear in court. The trouble is that I live in Virginia and it's a 300-mile drive to the court house.
Does anyone have any advice? Can I use a Prayer for Judgement? Can I do community service or something? I have no business in NC and know that I will never go to NC again.
Hey, I'm new to NC and this forum. I was passing through NC on my way back from SC recently. This is the first time I have ever been anywhere near NC. A trooper pulled me over for speeding and claimed that I was doing 95 in my Honda Element. I knew I was speeding, but I didn't argue with him. Anyway, he gave me a Reckless and I have to appear in court. The trouble is that I live in Virginia and it's a 300-mile drive to the court house.
Does anyone have any advice? Can I use a Prayer for Judgement? Can I do community service or something? I have no business in NC and know that I will never go to NC again.
Unless you can manage a suspension of your licence 30-90 days and a huge insurance increase, you should consider using an attorney to minimize the damages and keep you out of court and NC. They should be able to negotiate to something less than 10 over the limit. You will be getting a bunch of offers to help in the mail very soon.
Depending on your reord, you are possibly looking at $500 to $1,500 in legal fees plus $250 - $500 in fines and court costs.
A PJC only effects NC insurance points so it's only useful if you are a NC resident (not likely for 95).
If NC suspends you licence, VA will also. You should should also check the impact in VA when a conviction for doing 95 comes back. That speed in VA can earn you jail time.
Can a Honda Element really hit 95?
Depending on your reord, you are possibly looking at $500 to $1,500 in legal fees plus $250 - $500 in fines and court costs.
A PJC only effects NC insurance points so it's only useful if you are a NC resident (not likely for 95).
If NC suspends you licence, VA will also. You should should also check the impact in VA when a conviction for doing 95 comes back. That speed in VA can earn you jail time.
Can a Honda Element really hit 95?
Thanks
Thanks Robbie. My record is good. I haven't had a ticket in over 5 years. The only tickets I ever get are always for speeding on the highway and this is the first time I've been on the highway in 5 years. The thing I'm worried about most is my insurance. I've worked hard for 5 years to get it down and now I'm afraid it will go back up, just because I lost my cool for a few seconds on the highway.
Thanks Robbie. My record is good. I haven't had a ticket in over 5 years. The only tickets I ever get are always for speeding on the highway and this is the first time I've been on the highway in 5 years. The thing I'm worried about most is my insurance. I've worked hard for 5 years to get it down and now I'm afraid it will go back up, just because I lost my cool for a few seconds on the highway.
LeanneHead
New Member
To rthomason
I read your post about going to the DA's office, was that at your court date or did you go at some other time? Also, would you mind saying what city and/or county in NC? My 17 year old daughter got a speeding ticket in Cabarrus County (76 in a 35) and I am trying to do some research. I am debating the PFJ but I have also found a site where there is information (for a price) on how to fight a speeding ticket. I haven't spent the money yet but I am considering it. I simply can't afford the insurance increase but I need her to drive. Our county has a very overcrowded school system and she can't get on a bus to get to school. Either she has to drive to school or I have to get up and take her at 6:30 am every day. I work nights and I just hate the idea of doing anything at 6:30 am! I am curious about your visit to the DA's. I would appreciate it if you could share that information.
I read your post about going to the DA's office, was that at your court date or did you go at some other time? Also, would you mind saying what city and/or county in NC? My 17 year old daughter got a speeding ticket in Cabarrus County (76 in a 35) and I am trying to do some research. I am debating the PFJ but I have also found a site where there is information (for a price) on how to fight a speeding ticket. I haven't spent the money yet but I am considering it. I simply can't afford the insurance increase but I need her to drive. Our county has a very overcrowded school system and she can't get on a bus to get to school. Either she has to drive to school or I have to get up and take her at 6:30 am every day. I work nights and I just hate the idea of doing anything at 6:30 am! I am curious about your visit to the DA's. I would appreciate it if you could share that information.
Don't hijack somebody else's thread. If you have a question start your own post. It just helps keep everything in order.
Most of the sites that charge have the same information you can get for free elsewhere and are not state specific. You should start getting mucho letters from attorneys. Check some references and pick one. This is a mandatory suspension and major insurance increase. I doubt you can get a PFJ for this speed without one and probably not even with one but you may be able to save the license.
Most of the sites that charge have the same information you can get for free elsewhere and are not state specific. You should start getting mucho letters from attorneys. Check some references and pick one. This is a mandatory suspension and major insurance increase. I doubt you can get a PFJ for this speed without one and probably not even with one but you may be able to save the license.
Increasingly popular scam?
The same thing happened to me in NC a few years ago. The sign clearly said 45 mph, I was going 50 mph, but the officer who pulled me tried to give me a ticket for going 50 in a 35. I know it's normally not recommended, but I politely disagreed with him and had him re-visit the sign which indicated 45 mph. I was right, but he still gave me a warning ticket.
The same thing happened to me in NC a few years ago. The sign clearly said 45 mph, I was going 50 mph, but the officer who pulled me tried to give me a ticket for going 50 in a 35. I know it's normally not recommended, but I politely disagreed with him and had him re-visit the sign which indicated 45 mph. I was right, but he still gave me a warning ticket.
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