Speeding Citation, 60 in a 45

[CRWilson1985]

Given, I should have been more observent...
This occurred in Wilmington, New Hanover County, North Carolina a little past midnight. I was on my way back to my campus dorm and had been driving for a bit over an hour at this point. I had just gotten off of hwy 17 onto market street and did not notice the reduce speed and 45 mph signs...Yeah, I was tired... and that isn't a reason to be speeding, but I am a good driver and I always try my best to obey the laws, traffic or any other. It was a huge mistake which was not helped any by the fact that I was tired. I have heard of a prayer for judgement and was wondering if somebody could explain what I would need to do to ask for a prayer for judgement. My past driving record: 2002: failing to yield, 2003: improper equipment... Please, help...I'm a college student in my last year and I can't afford an increase in insurance. I would appreciate it very much. Thank you for any help you can provide...
Carrie

 

[presutin]

Here is the definition of Prayer for Judgement - A basic definition of a "Prayer for Judgement" is a plea that can be entered in a courtroom and is neither an admission of guilt nor a plea of innocence. If the plea is accepted by the judge the charge against the accused is dismissed though the judge usually has conditions for the violation to not go on the person's record.

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.


Hope this helps!

 

[MrCalfiornia]

Given, I should have been more observent...
This occurred in Wilmington, New Hanover County, North Carolina a little past midnight. I was on my way back to my campus dorm and had been driving for a bit over an hour at this point. I had just gotten off of hwy 17 onto market street and did not notice the reduce speed and 45 mph signs...Yeah, I was tired... and that isn't a reason to be speeding, but I am a good driver and I always try my best to obey the laws, traffic or any other. It was a huge mistake which was not helped any by the fact that I was tired. I have heard of a prayer for judgement and was wondering if somebody could explain what I would need to do to ask for a prayer for judgement. My past driving record: 2002: failing to yield, 2003: improper equipment... Please, help...I'm a college student in my last year and I can't afford an increase in insurance. I would appreciate it very much. Thank you for any help you can provide...
Carrie

I do not know what your STATUTORY speed law is in NC. However 45 sounds like a "prima facie" speed limit set under authority of RULE or ORDINANCE by a local authority.

Let me clarify the above for you. In California we have a state law (A statute) that says that:

"the maximum speed limit for any divided highway is 65 MPH and for an undivided highway it is 55mph."

The above law is uniform throughout the entire state and does not even require posting of the speed limit.

Then We have another state law in California which says:

"Local municipalities may by ordinance set a speed limit by posting a prima facie speed limit sign after having an engineers survey done to justify the speed limit."

In the above scenario the speed limit is not set by the state law, but rather by the local government of a city or county.

The federal MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES is mandatory code that all states that must follow in order to receive federal funding. The MUTCD states that "all non statutory prima facie speed laws must be justified by an engineer's study every five years."

Thus whenever a speed limit is set below 55 it is almost alway non-statutory. Some of the hiccups however include the statutes "All road adjacent to schools are 35 mph zones" and some others for special circumstances... train crossings... hospitals... I am not from your state so I do not know.

Anyway the manual is federal so every state must obey it.

The enforcement legislation in California law begins 40800 California Vehicle Code. Take a look at those laws if you want an example of what to be looking for. Also remember that the complaint should specify what you are being charged with. When you make your argument do not think that they have charged you with breaking the statutory law. Even though you were still breaking the 55 law... you were not charged with that. You were charge with breaking a local 45 law.

In California when the speed survey is not entered into the record the court loses jurisdiction and the officer is incompetent to testify to the charge of speeding.

 

[lwpat]

If you show for court, they will usually reduce to a nine over which is a no points no insurance increase ticket. Go for that and save the PFJ.