Greetings,
In 2008, I received a speeding ticket in Pender County, North Carolina. There were actually two tickets, speeding (110 in a 70 I believe) and careless driving. There was no set fine amount on the ticket and a mandatory court appearance. Being from NJ, I was unable to return to NC for the court appearance. My license has been suspended in NC and my home state of NJ since 2009. I am trying to restore my license without having to return to NC. The DMV refers me to the court, and the court refuses to answer any questions over the phone. What are my options? Thank you.
An attorney may be able to pursuance the district attorney to dismiss the case due to age. Failing that, you’ve got some problems.
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You’ve got a failure to appear and likely A warrant arising from the Careless & Reckless. You may be able to hire an attorney to strike that warrant and potentially even the failure to appear. If not, you’d likely have to turn yourself in to get the matter back on the calendar.
In most counties in North Carolina, you’re going to find that a speed that high is not going to be subject to a reduction, so plea or trial are going to be your options. Trials on speeding tickets are never great but it’s an old case with likely few notes. On a plea to the high speed (with a likely dismissal of the Careless and reckless) you’ll be looking at a North Carolina revocation which may or may not revoke you in your home state. That NC revocation lasts 12 months.
Once resolved, you may have to pay NC DMV some form of reinstatement fee (notwithstanding your out of state licensure). After all that, you should be clear.
Scott K. Dillin
Attorney at Law
1 Oak Plaza, Suite 209
Asheville, NC 28801
Phone: 828-333-4867
Fax: 828-539-4113
Hello,
My name is Grant Scheuring. I am a solo attorney who practices primarily in Wake County, but has handled matters in Pender County.
In order to restore your driving privilege, you’re going to need an attorney to file a motion to re-calendar your citation and resolve it. Your attorney should also pull your driving history and verify that that is the only unresolved matter needed to restore your privilege. After your citation is resolved, you are going to need to pay a restoration fee to the DMV.
You’re reaching a dead end with the clerk, because they are not attorneys and are unable to give you legal advice.
Regarding a potential resolution for your citation, in Pender County, they will either reduce the speed of your citation or offer you a non-moving violation. Given the high speed of this citation, they might just reduce it. Anytime you miss court in NC, you are assessed a $200 fine (referred to as a failure to appear fine). That is in addition to your court costs, which I would have to reference to find out what they were in 2008. However, for a citation like this, I would expect to pay between $400-$500 for court costs.
It is important to note that I am only licensed to practice law in NC and cannot give you any advice about your NJ privilege.
Feel free to call me if you’d like a free consultation.
