Key Points in this Article
- Your insurance could increase for the next three years if you just paying your ticket (and thus pleading guilty)
- 9 miles per hour over the speed limit (or less) will NOT result in insurance points
- Speeding more than 25 miles per hour will result in your license being revoked
- Only 1 person in your housefhold can use a PJC once every 3 years
Intro
Speeding! This is an area of the law that we have all likely faced at some point in our life. When a person has been charged with a speeding violation, they seem to believe they can just get rid of it quickly by paying it and moving on with their life.
Let me advise you, although quick, that is not the smart way to handle a speeding citation. It is actually the worst thing you can do. By submitting payment for a ticket, not only are you admitting guilt, but you face court costs, fines, driver’s license points, insurance points, and depending on your prior driving record, revocation of your driver’s license. If you were speeding in a work or school zone there is an additional mandatory fine of $250, in addition to court costs you will pay and points that you will receive. Speeding 15 mph over the speed limit will result in revocation of your license. What you think may be simple and not a big deal could cost you thousands of dollars over the course of three years if you fail to handle a traffic citation properly. Specifically, your insurance could increase for three years. There are several ways you can handle a traffic citation.
Reduction
One way to handle a traffic citation is to have it reduced. If you are charged speeding 15-20 mph over the speed limit, you can seek a reduction to nine (9) mph over. North Carolina is somewhat forgiving for those who receive a speeding citation for the first time and who were citied for driving less than 10 miles per hour over the speed limit. Nine miles per hour or less over the speed limit will not result in insurance points; however, you may still receive three DMV license points. DMV license points will come off of your driving record after three years. So long as you do not accumulate 12 license points within three years, your license will not be suspended. If you are charged speeding 25 mph over the speed limit, you can seek a reduction to 14 mph over; however, you will still receive insurance and three DMV license points. Speeding more than 25 miles per hour will result in your license being revoked unless you are able to obtain a reduction to a careless and reckless driving charge and obtain a Prayer for Judgment (PJC). It may be possible for you to have a moving violation reduced to a non-moving violation, which will only incur two drivers license and insurance points, as opposed to three or more.
Certain counties allow traffic violations to be reduced to an improper equipment, while other North Carolina counties do not. An improper equipment reduction will prevent you from incurring DMV license and insurance points.
Prayer For Judgment Continued (PJC)
A PJC is in essence a guilty plea, but it is not entered in the court record as a conviction. (NCGS 15A-101(4a)) Judgment is simply “continued” or set aside provided you abide by certain conditions for a period of time. Once you have been granted a PJC, you cannot get another moving violation within three years. If you do get another moving violation within three years you will then have to answer for the new charge as well as the charge for which you obtained the PJC. Therefore, your PJC will be revoked. Speeding more than 25 miles per hour over the posted speed limit will disqualify you from receiving a PJC even if that is your first traffic violation. PJCs are a great option when you have a driving violation that cannot be reduced to a lesser included offense.
Moreover, the other requirements to obtain a PJC include:
- Only one person in your household may get a PJC within three years for insurance purposes.
- Any person in your household may get two PJCs within five years for DMV purposes.
- A PJC is not allowed if you were speeding more than 25 mph over the posted speed limit, have been charged with a DWI, with passing a stopped school bus, or you have a Commercial Driver’s License (CDL).
- Typically, the judge will require the driver (persons over age 25) to perform community service as a condition. In some cases, the judge may grant a PJC if the driver takes an 8 hour driving course in lieu of community service. Drivers under the age of 25 will be required to complete a 4 hour driving course, instead of community service, as a condition.
If the Judge grants you a PJC, make sure he does not give you a fine as that will be deemed a conviction by the DMV and you will receive license points as well as insurance points.
Before seeking a PJC consider:
- The citation (the charging instrument) – Make sure that the document states all of the elements of the charge; otherwise failure to allege all of the elements will result in a dismissal of the charge.
- The nature of the charge – If you are cited for speeding 15 miles over the speed limit and your driving record is clean, a PJC would not be the best decision, because you can obtain a reduction to nine (9) over and not receive any insurance points. More serious charges such as speeding in a school or work zone would be a better use of a PJC to keep from having to pay the mandatory $250 fine and receiving insurance and DMV points.
- Who resides in your household – If you have an underage driver in your household (i.e. 16 year old child), it may be wise to reserve that PJC for them in case they receive a speeding citation. An underaged driver who receives a speeding citation will likely have their license suspended for a period of time to be determined by the DMV.
- What is on your driving record – A prior PJC within three years will disqualify you from receiving another PJC for insurance purposes until after the expiration of three years from the date of the offense for which you received the PJC. With speeding tickets, points are considered from occurrence to occurrence (not conviction to conviction), so even if a citation has fallen off (because it is beyond 3 years), the DMV may still consider it if the new citation is within 3 years of the previous offense date.
If you are granted a PJC, you will only have to pay the cost of court. Remember, you must ensure the Judge does not issue a fine so that you will not sustain a conviction and license and insurance points. A PJC for a traffic violation is an infraction and not a criminal offense.
*Although PJCs can be used for other offenses, this article only deals with PJC's as it relates to resolving speeding citations.
Trial
The last option for resolving a speeding citation is to have a trial before a District Court Judge. Most traffic violations are resolved by plea, a person accused of violating a traffic law may choose to have a trial. The trial will be without a jury. The grounds for challenging a traffic citation by trial is if the officer violated a person’s rights, such as if the traffic stop was illegal. Another ground for a trial would be because the officer’s radar was not calibrated or functioning properly. Keep in mind that if you choose to have a trial, you may lose your opportunity to negotiate a plea with the District Attorney.
Benefits of Hiring An Attorney
If you have any questions about a speeding citation you received and how best to resolve it, it is advised that you speak with a traffic attorney and let them explain all of your options. Depending on the citation and your prior driving history, an attorney may be able to help you get the charges reduced or even dismissed.
There are several benefits to hiring an attorney to handle your traffic matter. The obvious reason is that an attorney is more knowledgeable about the court system and is likely able to work out a deal with the District Attorney that you may not be aware of. Moreover, hiring an attorney will prevent you from having to appear in court. With a signed waiver, an attorney can appear in court on your behalf and get your case resolved without the need for you to take time off work and have to spend several hours out of your day sitting in court.
It is important to know the local rules of your area before you present in court. Some counties do not allow certain dispositions, while others do. For instance, Wake County does not allow traffic citations to be reduced to an improper equipment while other North Carolina counties do. An attorney will be able to make these determinations to find the solutions that will best fit your particular situation.
The goal of resolving any traffic violation is to lessen the effects of license and insurance points, which could result in expensive fines and court costs, and keep you from losing your license.
Need help from a pro?
Need a lawyer? Receive competitive lawyer offers from our curated list of lawyers (such as the pros listed below) by uploading your speeding ticket case. Click the button below. It's easy and is a free service.
Got an 80 in a 65 just now in Orange County. Last ticket was over 3 years ago, but I was in an accident this past July that was ruled NOT my fault. Ideas for what my rates should look like?
Ben: I’ll assume this was “Orange County NC” and not “Orange County CA”. You should check out our blog piece on the NC SDIP (Safe Driver Incentive Plan). In brief it says, one ticket for not more than 9 mph over the limit where there have been no other moving violations for the previous three years, and you get no insurance points (NOTE: Still gotta be under 75 mph, no school zones either.) Now, the traffic accident you had is not a “moving violation” within the meaning of the SDIP (and it wasn’t on you anyway). So 80/65 pled down to 74/65 should NOT increase your rates. Better yet, if the DA will offer you IE (Improper Equipment) take it; it’s not a moving violation at all. You WILL see three license points from a 74/65, but those are not the ones that cause insurance rates to increase, BTW. Hope that helps!
I’m a bit confused on 9 and under. Everywhere that I read, including here, says that 9MPH and under does not receive insurance points. It does say, that you will receive DMV points. As someone who hasnt gotten a speeding ticket in 10 years, wouldn’t it be best for me to just pay the fine and move on? It feels like a PFJ is wasted on a 9 under (54 in 45). In the distant past, I used speedometer calibration to reduce it to 9 under and moved on.
Al: The NC Safe Driver Incentive Plan (SDIP) is where the “9 over” rule is found. It applies when the driver in question has no moving violations over the three-year “look back” period next preceding the date of conviction. If there is any violation in that three year span, the SDIP does not allow a waiver of insurance points. It is THEN that the magical PJC can be used to best benefit. Of course, if you can get it knocked down to an IE (equipment violation) no points of any kind are assessed since it’s not a moving violation. As a matter of law, there is no limit to the # of IE’s one can have, though some DA’s are asking folks to provide a driving record to see if they comport with a prosecutorial policy-based limit on IE’s. Back to your question: If you have no moving violations for the 3 years prior to the date you go to court for a new speeding ticket, the SDIP rule will waive insurance points for a 9 over ticket (and less than 75 MPH). If you are lucky enough to have had a “9 over” ticket that was written that way (so you do not need to talk to the DA and get a reduction) you can certainly pay that and “move on” as you say.
I received a citation for speeding going 72 in a 45 it’s my first offense my driver record is clean I’m a CDL class driver but this was in my personal vehicle. What’s the best route to go so I don’t lose license or have to pay $1,500 and just get it dismissed?
Latavius: Man that’s pretty fast! Really not sure if you can avoid CDL consequences just because you were driving a personal car. The issue may be that YOU are a CDL holder and the law applies to CDL holders differently whether they’re in their personal cars or not. Where’d it happen? What state? Have you posted your case on the site (BernieSez.com)?
No I didn’t. An I’m doing research on it now and talking to my lawyer. I’m out of Chicago,IL
I just got 75 in a 50 mph what are my options it’s my first ticket
I just got 74 in a 50 mph this is my first ticket and I live in North Carolina what is gonna happen
Josh: Hope your case came out OK. Usually with a clean record, I recommend my clients just get a reduction to 9 over the limit. That may be a lot to ask if you’re 25 over the limit to begin. Sometimes doing some community service or a driving school will do some good. Lots will depend on the DA and any policies he or she has in that particular county.
I received my first speeding ticket about two weeks ago in New Hanover County. 76 in a 55. What would be the best idea so I don’t lose my license?
Kristin: If your record is clean for the past 3 years, a reduction to 64/55 is all you need to keep your insurance from going up. If you can, (if the DA will do it) go for an “Improper Equipment” (IE) which is not a moving violation at all. The 9 over rule only holds if your record is clean the past three years so once you plead guilty to a 9 over speeding charge, your next move has to be something else if you get another speeding ticket in three years (since your record is no longer clean due to the last ticket, if you follow me). Then there’s always the PJC. You can use one per household per three year period. Don’t waste it though. If you can keep your insurance from escalating using one of the other methods I mentioned, you can “save” the PJC for a rainy day!
Just received a speeding ticket on Thursday while driving down to OBX. 40 mins away from my destination, was pulled over and ticketed 75mph in 55mph zone. Court date is July 14 at 9:30am. I am located in New Jersey, any advice?
I was going 79 in a 70 on 485. The state trooper told me that it won’t affect my insurance but will it put points on my license? Also, he said I only have to pay the fine. But when I went to pay online, it’s trying to make me pay the court fees as well. Why would I pay the court fees if I’m not even setting foot in a courtroom? I told the officer the justification behind my speeding was a health problem that was causing me severe pain, and I was trying to get home to take my pain medicine. Is it still valid that he gave me a ticket?
I got an 80 in a 55 zone, rushing to dialysis, where they cut my dialysis time if I am late. It was open country, no school or work zone, clear day and light traffic, all documented on the ticket. He also gave me a “Warning Ticket” checked “other non-hazardous” for “lane violation.” He said I was “weaving.” I explained that I was just positioning myself to pass the slower cars ahead of me.
Since it was exactly 25 over but NOT “MORE that 25 over,” I am still eligible for “Prayer for Judgement Continued.” Would this be my best option? How do i insure the judge doesn’t fine me as well? Will I know that going in?
Also wanted to ask: it was Durham County, NC. Would “Equipment Failure” be an option here to get a reduction? I guess we’d be talking about speedometer calibration as an equipment malfunction. And how do you get these things? Just ask the ADA or “suggest” them or wait for them to offer the options to you? In a case like this, would i be better off with a lawyer? I got 10 letters from lawyers the very next DAY!
I should also mention: I have not had a ticket or accident in 45 years over three states (although I am only driving a few years in NC). My driving record is COMPLETELY CLEAN. Recently, at a driving test, the senior examine went out of his way to tell me he thought I was an “EXCELLENT driver,” as I am punctilious about the minutiae of looking in every direction, signalling for even the smallest intentional moves, adjusting mirrors, seats, steering wheel angles, EVERYTHING that could effect the efficiency and safety of my driving.
Im only 17 and i got a 96 on a 70 will this mean my license will be taken ?
I got a ticket on the 440 for 83 in a 60. I got a ticket last year in Chapel Hill when I still had my CA license. It was reduced to exceeding a safe speed and I took a class. This new ticket is on a NC license. I wanted to know what would be the best result so that there are no points on my license and no increase on my insurance. I have postponed my date once and they offered me 69 in a 60 but I’m not sure if that’s the best option.
Hi! My husband received his first speeding ticket on his way to OBX….67 in 55mph limit…he has been a driver for 30 years. We live in Atlanta…should he just pay it?? Thanks so much!!
I received a citation for going 29 mph over the speed limit. I’m 19 and have a completely CLEAN record. never had a ticket, no accidents and never been pulled over before. There was no price on the citation and I have court date on 9/8/16 at 9:00am in Raeford.I have my full provisional license because I was too lazy to upgrade to the “grown folk” licebse. what am I facing and what would be the best way for me to go? The citation was given in Hoke county.
Hi
My son received a ticket going 76 mph in a 50 mph (26 mph over!)in Forsyth County NC. He has a Clean record but he is 19. I have heard mixed information from various lawyers. Court date is to appear before a Magistrate (not DA or Judge). No “reckless” or “careless”.
Should we have our son take a Defensive Driving class prior to the court date to help matters? Do you think ALL points can be removed?
Eileen:
Thanks for your question.
Yes a driving school might be a good idea.
Many counties mandate that for younger drivers anyway.
A few hours of community service at a local non-profit might help too since the speed is somewhat high.
So if you can get it done beforehand, so much the better.
Present the driving school certificate and community service volunteer letter to the DA when done to ensure he know’s you’ve done that much.
Bring a copy of your son’s clean record too.
Then do some horse-trading.
If you can get the DA to reduce to an improper equipment violation, it would be the best outcome.
That’s not a moving violation and carries no points of any kind.
Next best is to have it reduced to 59/50 (9 over).
That carries three license points but insurance surcharges are waived if record is clean for the past three years.
(But don’t worry too much about license points as these are just bookkeeping for the DMV.
Insurance points are the ones that cause escalation in rates.)
The last alternative is the “Prayer for Judgment Continued” or PJC.
That’s a judicial discretion that would knock out both insurance points and drivers license points.
The catch is that you can only use ONE per household per three year period to gain that benefit.
I would recommend using one of the other plans and “saving” the PJC in case of a future incident.
Finally, I encourage you to post the case on BernieSez.com.
It’s free and you can certainly get advice from lawyers who practice right there in that county.
I practice in Raleigh so while what I say is generally true, there may be some county-particular practices that Forsyth has.
Hope this helps!
My husband was stopped for speeding. He was going 80 but the police said he was going 95. Surry county nc. We asked to see the radar because we knew he wasn’t going 95. The trooper said I reset it already. My husband nor I have had any tickets ever. The speed limit was posted for 65. What should he do?
Dear M. Nilsen: It’s a sad truth but the trooper’s estimate of your husband’s speed counts for a lot in terms of the evidence that would be considered if this were to be taken to trial. The radar is actually only used to “corroborate” the estimate. But it is the estimate alone which is vital to the state’s case. That being said, it stinks in a big way that the cop “reset” the machine before you could see it. I just bet that there’s a deft lawyer who could make some hay with that. If you could get that lawyer to have the DA knock this down to 74/65 you’d be able to avoid all the insurance consequences and -yes- license revocation. You might sweeten the deal by offering to do some community service and/or an online safe driving class. Don’t run out and do that right yet though; see what your lawyer tells you. Try posting your case on BernieSez It’s FREE!
Thanks for the info. Do you have a suggestion for a lawyer for that county
Nilsen,
What did you end up doing bc the same exact thing happened to me 2 days ago and i dont know what route to take. I was not going 95. i was going 85 in a 65 I asked him to see his radar and he said that he reset it
Hi,
My daughter got a speeding ticket 86 in a 65 on I-85 in Concord, NC. The ticket doesn’t say anything about reckless driving or a fine. She has 1 wreck and another speeding ticket on her record. What would be her best option?
Regina: When you say “on her record” what do you mean? Is the speeding ticket within the past 3 years? What was the result of the ticket? NC has a rule that says if you get just one speeding ticket for not more than 9 over the limit (and less than 75) you will not get insurance points if it’s you’re only traffic conviction in the past three years. That’s why I need more info. She might be able to take advantage of that rule depending on what her record is.
She had 1 speeding ticket for 9 over the limit a little over 2 years ago. Then she had a wreck which was her fault. That made her insurance retro back to the first speeding ticket. Now she has this latest ticket and I’m not sure what her options are since its 21 mph over.
Gotcha. Best thing is to ask the judge for (and hopefully get) a “PJC”. The Prayer for Judgement Continued will kill DMV points AND insurance points for the speeding ticket. You can use that ONCE every three years per household. She may need to do a driving school or maybe community service given her age. That really depends on the DA’s policies in that county. The DA might reduce it to a 9 over and then you ask the judge for the PJC. OTOH, if the DA can offer you an IE (Improper equipment) that’s not even a moving violation. Some counties give these freely, some not so much. If you can get an IE, it really is the best option.
My license is in South Carolina, I was traveling through North Carolina on 95. I was giving a ticket doing 88/65 in Johnston county and was told anything over 20 mph is a mandatory court hearing. Being that I do not live in NC and my last ticket was over 4 years ago I do not know what to expect. Will they take points? Suspend my license? Should I take a defensive driving course in my State and take the certificate as proof?
Drea: Best thing is to get a lawyer to go to court for you, which they can do even if your speed is high. The “mandatory appearance” rule really only means you have to go yourself or send your lawyer and that you CANNOT simply pay by mail. It might be that a lawyer can negotiate with the DA in this case and have the speed dropped waaaay down so it won’t affect you in SC. Maybe he can even have it turned into a non-moving violation. We also have a thing up here called a “PJC” or “Prayer for Judgment Continued” which simply means the judge never enters a punishment against you. Up here that means all license points and insurance points are wiped out from this ticket. Not sure if that’s given effect in SC but it’s certainly something you can talk to your lawyer about. Try posting your case on BernieSez.com It’s totally free and you can really get some good answers from lawyers right where the case would go to court (here, Johnston Co.). Best luck!
I was going 78 in a 45 in Orange county, what can I do? I’m 25 and this is my first ticket.
I practice in Raleigh and I can say this: that’s a pretty high speed. Here, if you were my client, I’d say do an online safe driving class and do one hour of community service for each MPH over the limit. That will give us something to bargain with when I talk to the DA about your case. It may be that we can get a DA to knock the speed down to something reasonable or plead you to another charge that doesn’t cause license revocation. I’d recommend getting a lawyer for sure. This isn’t something you want to handle on your own. Try posting on our site, BernieSez, and see what response you get. It’s totally free.
Do I offer to do that or do it before my hearing? I was thinking about trying to get a reduction then a Pjc if that was possible? I’m a new lisc holder aswell.
I always advise my clients to do it before we try to cut a deal with the DA. It makes them look like they have more initiative and are truly willing to “do right”. I’d say do whatever your lawyer says. Again, get a lawyer. He/she knows which judges and DA’s are best. If you go it alone, it’s a crapshoot at best.
My daughter is 19 with no prior tickets for anything. On her way back to school this evening, she was stopped and given a ticket for 86 in a 60 in guilford county. Any advice? She will be paying for everything, of course, but I want to do what we can to limit the financial damage.
Linda: If the DA will do an “improper equipment” that’s non-moving so it will not affect insurance at all. Next best thing is 9 over. Assuming a clean record for prior three years, one ticket for 69/60 will not affect insurance. You’ll get DMV points but no insurance surcharge. Lastly there’s the old PJC. I don’t recommend using it since you can get what you need with one of the other possibilities I have mentioned. Since you can only use one PJC every 3 years per household, best to save it in case something else happens. Tell your daughter that it might be a good idea to do an online driving school and bring the completion certificate to court (or give it to her lawyer). Due to her age, the DA may require. Good luck!
Guilford county North Carolina
I received a speeding ticket for going 51 in a 35 zone. I have court date tomorrow 9/20, trying to see what my options are.
I have been living in NC for 3 years and it is my first ticket in NC and 2nd in last 6 or so years. definitely I am going to the court, I am pretty sure the DA will reduce it to 9 over, but how can I request for IE? I was caught with in 0.2 or 0.3 miles of speed limit change from 45 to 35 MPH.
AB: Just ask for the change to IE. The DA will tell you what you need to do to get it (maybe a driving class?). You would do well to bring your certified NC driving record with you. Costs $15 at your local DMV. If the DA looks at your record and says you’re not eligible for some reason, your fall back can be the 9 over (which they give out like candy on a daily basis). The info about the change in speed limit seems to help your case too.
Thanks Terence. yes, I have obtained certified driving record. I hope they change it to IE easily. Thank You, for your quick response.
to update the forum. I went to court (wake county) last week, outside the court room the lady (not sure if she was DA) said if I plead not guilty she would give another date to see judge. I asked for options, she offered 9 over, then I asked for IE (I have my driving record with me) and she agreed. $263 fine, no points on DL or Insurance. Thanks Terence for your advise.
Excellent! 🙂
Hi,
I received a ticket going 70 mph in an 35 mph zone, which is 25 mph over. I got the ticket in Sylva NC and there is no price on my ticket, will i receive points on my license? Will try to take my license even though it’s right at 25 mph?
Zac: Dude. That’s hauling ass no matter how you cut it. I think that’s 35 MPH over BTW. The reason there’s no price on the ticket is that it’s not “waiveable” meaning you have to go to the court on your court date or get your lawyer to go for you. You cannot just pay it like some cases. That wouldn’t be a good idea anyhow since you’re looking at revocation unless something can be done to reduce the speed or change the charge. Take my advice: get a lawyer and see what he can do. It might be that it can be knocked down to a speed that won’t revoke you. It might also be that in that county a PJC is a possibility. It all really depends on the DA and what his policies are in that county and how well he and the lawyer get along.
Thank you for the advice I meant to put 70 mph in a 45 mph zone. Should i still get a lawyer in my case?
I would if I were you. That’s still pretty fast. License revocation and/or insurance increase are likely outcomes. A lawyer might cost a couple hundred but could save you a lot of headache.
I just received my first speeding ticket ” a speed in excess of 25 mph in a 20 mph zone”. What is the most efficient way to deal with this? Do I go to court and ask for a reduction, pjc, or just pay it? I do not want insurance points.
Thank you!
Karen: Assuming your record is free of moving violations for the past three years, get the DA to change the charge to 34/25. The NC Safe Driver Incentive Plan (SDIP) allows one ticket for 9 over (and less than 75MPH) every three years on a three-year clean record without getting insurance points. Don’t burn your PJC; you may blow a stop sign or have some other need for it later. PJC’s are a once every three year deal too so use them sparingly. BTW… if the DA will give you an “improper equipment” charge instead of the 9 over, it’s even better. Not even a moving violation. Good luck!
I’m 20 I got my first ticket going 35 in a 20 which in my town you only go 20 for about a total of 5 seconds and by time I saw the cop I was already in the 35mph zone but I called lawyers and one told me he could try to get it dismissed altogether but if he couldn’t get it dismissed it would cost more I’m trying to decide if it’s better to go in on my own and see if I get a reduction or do I think he can really get it dismissed? In Johnston county NC and I am also taking the driving class before my court date by the way to help my case
Jess: The likelihood that you can get is tossed on your own (no lawyer) is pretty slim. Best you can hope for on your own (my opinion) is a 9 over or an improper equipment. 9 over with a driving record clean for three years will not make your insurance go up. The equipment charge will not make your insurance go up either since it’s a non-moving violation. My advice? Get a certified record and see if the DA will do improper equipment. That’s almost as good as getting it dismissed altogether (and you don’t have to pay a lawyer!). Good luck!
I was going 28 above speed limit of 75 in Colorado county in Weimar,TX. Is there any way I can get it off my record? Do I have to attend court at Weimar city or can I do it in Austin? Also I’m 19 year of age.
I am a Maryland resident and received speeding ticket for driving at 89 MPH in 65 MPH speed zone on I 85 in Warren county, NC. I do not have any violation history in NC but had a speeding violation in Pennsylvania 2 months ago and 2 points in NJ for pulling over wrong shoulder on highway. So what are the possible outcomes in this case and what are my best options?
Thanks
Div: That’s a tough one. Due to the interstate driving compact(s), which NC and PA and NJ are signatories to, anything that happens here in NC will be reported to your home state. The net effect will be as though it happened there. Best possible outcome here is if the DA were to reduce/change the charge to an improper equipment, which carries no points of any kind. But that’s HERE. Not sure what the effect of that offense might be in your home state. On a more optimistic note perhaps, I have seen many cases occurring in NC that never ever get reported to other states. I think our DMV system is very antiquated; your file might languish on some desk for ever and never get reported at all, even though it should.
I received a speeding ticket for going 83 in a 65 on Thanksgiving day:( My court date is this Thursday 12/22. My last speeding ticket was on 4th of July of last year(I should learn to not speed on holidays) and at that time I was able to take a class, but I know you can only do that if it hasn’t been in the past 3 years that you’ve received a ticket. I haven’t gotten a lawyer, but am assuming that will be my best option in this scenario. Is it possible to show up to the court date Thursday and see what they are offering and if I don’t like it tell them I am going to get a lawyer? Or is it possible to get one with my court date being 2 days away?
I received a ticket this morning in Chapel Hill going down the hill on Raleigh Road and was cited for a 53 in a 35.
My last ticket was 7 years ago and prior to that have not had a ticket of any sort in 20 years.
The Police Officer said I should go to court in Hillsborough on the court date and speak to the DA and that maybe he will dropped it down to an improper equipment charge. I asked him if he thought I should get a Lawyer and he said he could not advise on that but he did say that he put in his comments that I was very courteous and respectful.
So do you think I should get a lawyer or do you think I have a good chance of getting it reduced to improper equipment on my own.
Thanks.
Got a 69 in a 50 in Wilmington and my court date was for a month later. Since I live out of town two states away I asked the cop what I could do. He said I would letters in the mail from a bunch of local lawyers in the coming weeks and they could represent me, or I could go down to the court house on a week day and ask them to reduce it. I went in the next day and got put on the “put up list” for the day. I had to go sit in the court room while they called all the cases set for the day and then they got to the “put up lists.” I went up and asked the DA what my options were and she told me she could reduce it to a “9 over” and I would just need to go pay the fee or she could give me an inoperative equipment and I’d need to do 4 hours of driving school and then the fee. She said it would be cheaper just taking the 9 over, so I did pay the $15.00 fine plus the $190.00 dollars in court fees…… Hope this helps someone out there, a lawyer firm in the city quoted me about $450.00 to go to court and have it reduced to an IE. All in all since I haven’t had a ticket in years, spending the better part of 3 hours of my life at the court house paid off…
Steve: Great story! In fact the NC Safe Driver Incentive Program lets you get one 9 over ticket like yours in a space of three years (if your record is clean) without any insurance consequences. I am surprised that a lawyer would charge $450 for that (unless it includes costs). Great result for sure! PS: Love your work in Aerosmith.
I live in North Carolina and I received a speeding ticket going 65 in a 50 MPH zone. I have been driving for over 37 years and have never had a speeding ticket. How should I handle this.
Sharon: Get a copy of your driving record ($10 at the DMV) and, on your court date, see if the DA will drop it to Improper Equipment (IE) which carries no points and is not considered a moving violation. The fine and costs will be about $240 all told. In the alternative, with a clean record over the past 3 years, a 9 over (59/50) will keep it off your insurance though you will see as many as three license points. More on how that works on our blog article about the NC Safe Driver Incentive Program (NC SDIP). Good luck!
I live in Henderson County NC In 2015 I had a speeding ticket reduced to 9 under by going to traffic school.
I got another speeding ticket this year (2017) 55 in a 35.
I tried to go to traffic school and was denied becauce of previous ticket. From reading your article Is it true that I can’t get another 9 under reduction to save insurance points? What else can I do…PFJ in this case a viable option? Thank you for your help.
Michael: In a word, yes. The 9 over rule (which comes from the NC Safe Driver Incentive Plan or “SDIP”) says you can avoid insurance points by pleading to 9 over (and less than 75) once every three years when your record is clean. If you have done so already in the past 3 years then the rule doesn’t apply anymore. To avoid insurance escalation, you’d have to use a PJC or get the charge dropped to Improper Equipment (IE).
Thank you for your prompt reply.
Not what I wanted to hear, but with proper knowledge ,I can make a proper decision…
I can hire an attorney for $200,not have to appear in person, and they will get me the best option available.
That sounds like my best plan.
If they go the PFJ route I need to pray that I can go 3 more years without another ticket…
I live in forsyth county and I reiceved a ticket going 54 over 45 in a business area, It was just a few senconds, by the time the cup stoped me I was already in a 55 speed limit zone. My record is clean, what should I do?
Julie: If your record is clean for the past 3 years then 54/45 will not affect your insurance (you will see DMV points though). If you wanted to just pay it on line, that’s fine. OTOH, if you can spend a little while in court, ask the DA for an “Improper Equipment. That’s not even a moving violation. Then your record’s still clean for next time and you can still get another ticket for 9 over (less than 75 please!) and it will not affect your insurance. Great!
Thank you! One last thing…If I go to court and claim “Improper Equipment” will I still have to pay the court fee? this is my first ticket so I don’t know how it works.
Yes you will and, in fact, it may even be a little more than if you just pay the ticket. But since it’s not a moving violation it “keeps your record clean” so, IMHO, it’s worth the extra cost!
I received a speeding ticket in Wilmington, NC for going 66 in a 50. I haven’t gotten a speeding ticket in 10 years. In reading through these other situations, I was wondering what is my best option. I could show up for the court date (16 miles over is a mandatory appearance), I live in Raleigh, but I don’t know if it’s just better to have an attorney represent me. It seems that there are three options hoped for: Improper Equipment, PJC, or a reduction to 9 over. Would asking for improper equipment work for me? Is it worth going to court myself (saving attorney’s fees) and what would I say? Or is it just better to pay the attorney, saving me a day of driving and court time, and the attorney would know what the best option is for no points on license/insurance?
Roslyn: You hit it on the head. 9 over (59/50), and/or a PJC or an Improper Equipment. If you’re in Raleigh, I really question whether it is worth it to go down there yourself and handle it. You can probably find a lawyer to do it for you for $100 or so (plus costs and fines). If you elect to go yourself, it might be a good idea to bring a copy of your record (which, the certified one, will cost you $20 or so from your local DMV). Ask for IE. If they give it to you, great. If not, just get a 9 over. They give those away like candy. Don’t need the PJC IMHO, since the 9 over will not affect your insurance when your record is clean (you can do that once every three years).
Hello! I just received my very first ticket clocked by a state trooper going 67 in a 45. I am 29 years old and located in Jackson County, NC. Advice?
Elizabeth: It’s pretty much like this: Considering a clean driving record for the past 3 years, see if the DA will reduce to 9 over (54/45). If he does so, you will see no insurance escalation for this one little transgression in 3 years. You will see 3 license points but, at least in these special circumstances, they will not also mean an increase in your insurance. If your record is NOT clean for the past 3 years, the reduction will NOT keep it off your insurance. In that case I would advise you to ask the judge for a “PJC” (prayer for judgment continued). That will kill both insurance points and license points. You can have ONE of those per household per three year period also. Lastly, before you do either of these things, see if the DA will offer you an “Improper Equipment” which is not a moving violation and carries no points of any kind. There’s a pretty good blog piece on the site (BernieSez.com) that discusses the NCSDIP (Safe Driver Incentive Plan) which is where these rules come from. You might want to check that out if you want some more detail.
Terence McEnally,
I recently got pulled over going 85 in a 55. I live in asheville, first time offender with obsoletely no other tickets, and got quoted $450 by a lawyer to get it reduced to 9 over. you think I should that it to court myself and talk to the DA or pay the lawyer and put it behind me?
Dear Mr. Doe: IMHO 30 over is pretty fast. This might mean you’ll do better by having an attorney who knows the DA’s, their temperaments etc, rather than going it alone. Not sure if $450 is a good price or not (I practice in Raleigh) but I can say that higher speeds usually mean attorneys will charge a bit more since resolving the case may take multiple tries or using up a “special favor” with the DA. Of course, if you live a distance away from Asheville or just can’t be taken away from work, it may be worth it just to put it in the hands of a lawyer for the convenience factor alone. Hope this helps….
I got a speeding ticket for 90 in a 70 in mocksville, nc. I have court tomorrow for it. What are my best options? I’m 35yo and have not had a citation in over 3 years.
Also may i add that another person was pulled over and ticketed by the same officer at the same time i was. I found it rather odd.
Hi, I got a speeding ticket for doing 78 in a 55 on highway 12 in OBX. I live in Canada and was wondering what could be done with my situation. My court date is in a month so I have more than enough time to take care of it but it’s gonna be impossible for me to make the 14h drive back to NC to appear in court.
Olivier: Please don’t waste time coming back to NC for that! There are plenty of lawyers who can handle this for you (in your absence) for $100 or so (plus fines etc). You will likely get many letters in the mail (solicitations) from lawyers just itching to help you. Take your pick! If you prefer, post your case on this website, BernieSez.com (you can do it right from your smart phone). It’s free and you will have -we hope- a chance to ask the lawyers questions about what they’ll do before you select one. Typically a lawyer would try to work a deal with the prosecutor to plead to something that won’t affect your insurance. But if you’re in Canada, I wonder what the effect is in any case. Not sure if there is a relation of “comity” or “reciprocity” between the two nations where traffic citations are concerned. Best bet, IMHO, is for a lawyer to plead you case down to “improper equipment”, which is not even considered a moving violation. Hope this helps!
Hi, Just got a citation yesterday in Buncombe county for 82 in a 60 mph zone. I live one county over so getting to court is no problem for me except the court date is set for July 3rd and was planning to be out of the area that week. My question is: Can I go to the district court earlier than my posted court date and have my case handled either trying for a reduction to 9 mph over or PFJ? Thanks for your help !!
W.F> I will be glad to speak with you regarding your Buncombe County matter! Feel free to give me a call at 828.258.0576. Thanks!
I was pulled over by the Highway Patrol a few days ago in Buncombe County. He wrote a ticket for doing 75MPH in a 60MPH zone. I have lived in NC for 5 years and never had a traffic ticket. Before that I lived in Florida for over thirty five years and did not have a ticket in over 30 Years. What do you think I should do?
Hey there! I’ve been practicing here in NC for 23 years. Clean record going back 5 years? Try for “Improper Equipment” (IE). Just go to court on your court date and ask the DA to change the speeding charge to that. If he won’t, then maybe he’ll change the speed to 69/60. With a clean record that will not cause your insurance to go up (though you will see a couple driver license points). If you do not want to go to court , consider posting your case on BernirSez.com. It’s free and it’s a good way to get a lawyer! Best, Terence McEnally
Got a speeding ticket in Charlotte NC on July 10, 2017 traveling on Highway 485, going 87 in a 70 mph zone. What is my best option to avoid the points and insurance increase. No previous violations moving or stationary. Court date is scheduled for August 14, 2017.
Okay so…I know this is bad and I know that it is fast. I got pulled over the other night on 40 going 86 mph in a 60 mph work zone. (I had a migraine and just needed to get home…but no excuse) I have lived in NC for almost exactly 3 years now and have no gotten a ticket. I have court on Oct 2 and luckily I am a paralegal and my boss is willing to handle it. He told me not to worry about it but…I am. Would it be smart of me to do the driving course before court? What are my best options here?
Ali: That’s pretty fast for these parts. Ordinarily I’d say try to get an “Improper Equipment” (which is not even a moving violation) but with that speed the DA might not bite. Next best is to get it reduced to 9 over (69/60) which, if your record is clear for three years back, will not cause any insurance increase (though you will see a couple of harmless license points). Last possibility is to get some kind of speed reduction from the DA and then ask the judge for a “PJC” (prayer for judgment continued) which is kind of a pardon that blocks points and insurance increase for this offense. I’d say you may see some reluctance from the judges there since the speed is high and because a PJC cannot include any other penalties like the mandatory work zone penalty. If you’re willing to do a driving school and/or community service it may sweeten the deal for the DA (or judge) and kind of give you a bargaining chip. That kind of thing would best be handled by your lawyer I suggest.
I just received a ticket today going 72/55 in Greensboro, NC. It has been well over 10 years since my last speeding ticket. My question is what would be the best way to handle this without it affecting my insurance? Also, let’s say I can get it reduced to where it doesn’t affect my insurance, but I still get points on my licences. Will the points cause my insurance to go up?
Kim: See if the DA will give you an “Improper Equipment.” It’s not even a moving violation. You’ll get no points of any kind. If that doesn’t work as for a reduction to 64/55. If your record is clear the past three years (and yours certainly sounds like it) you’ll get three license points but no insurance escalation. Look for our article here about the SDIP to see how that works.
I just got a 91 in a 60 in Randolph County on US 421. Will I go to jail?
Beth: Nah. Try to negotiate it down to an improper equipment violation.That’s not even a moving violation. Your speed may be too high for that though unless you get a lawyer to finesse it. As well, a lot of what you “should do” depends on what your record is before. In some circumstances a 9 over is not all you need and that might be easier given your speed You may need a PJC also (depending on your record). We have some good blog articles on all that. You may also try posting your case on the BernieSez.com site. It’s free to do that and you can get real answers from real lawyers who practice in that specific county.
I just received a citation for 79mph in a 60mph zone (I thought the posted speed limit was 70 mph for the area I was in) Wake County NC I-40. I have had one maybe 2 speeding tickets in my lifetime, and the last one was probably 30 years ago. I have a lot of personal issues going on and money so so so tight. How should I handle this issue where cost is minimal?
Tim: Assuming a non CDL, If the DA will let you plead to “Improper Equipment”, take it. It’s not even a moving violation and no points of any kind are assessed. If he says speed is too high for that kind of relief, try for 69/60. With a clear driving record back three years (and certainly 30) you will see no insurance escalation. If all else fails, ask the judge to grant a “Prayer for Judgment Continued” (PJC) which is a device peculiar to NC law that essentially negates the ticket once every three years. Thus, you cannot use another for three years. There are some good blog pieces here that can help you. You can also post your case on BernieSez.com for free and have lawyers here look at it and offer advice (which I just did BTW….).
I’m 17, i’m still in high school, I live in Onlslow county, I got my first speeding ticket Sunday 9/24/2017. I was going 85 in a 55. This is my first ticket EVER, nothing else on my record. What can I do to have the least amount of trouble?
on the ticket it said “reckless driving, and speeding”
Daryl: That’s pretty fast but probably not the end of the world. If you were my client here in Raleigh I’d say do an online driving class (8hrs) and do one hour of community service for each MPH you were over the limit (so, 30). Then, bring all that to court and show the DA. Also bring your clean DMV record. It MAY be that the DA will offer you a deal to keep it off your record and your insurance. If the DA won’t play ball then the judge can still grant you a PJC which will do the same thing. I’d strongly advise getting a lawyer since it’s kind of a delicate case and a lot will depend on the DA and the Judge. A lawyer down that way would have the skill to pick the right judge and know which DA’s are the best to deal with. You might not. Try posting the case on this site, BernieSez.com. It’s free and you can do it right from your phone. Good luck!
My birthday is 12/04/1999, and my court date is 12/08/2017. Does that mean I will be tried as an adult?
If you have a license you are an adult in court.
I received a ticket for 77 in a 55 in Bladen Co NC and have a PJC on the books for 49 in a 55 that was ticketed in Jan 2016 and judged in Feb 2016. I have no other tickets in the previous 3 years. I’d love an IE but feel with 22 over it might be asking too much. If I can get 9 over, will it activate the PJC 9 over ticket and if so, for how long? What’s the best course of action?