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Traffic Ticket Advice

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tagsfan

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A friend picked up a ticket in High Point for a rolling stop. She has a clean record and wants to avoid a conviction (and payment of anything, if possible). Oh yeah, no defenses to the charge. Any suggestions?
 
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tagsfan said:
A friend picked up a ticket in High Point for a rolling stop. She has a clean record and wants to avoid a conviction (and payment of anything, if possible). Oh yeah, no defenses to the charge. Any suggestions?
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So she wants to get out of a ticket but also not pay anything for getting out of said ticket? Does she know those two don't go together?
 
bojanglefunk said:
For most first-time moving violations this is incorrect if you know what to ask for.
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PJC. Arrive early, and speak to the DA. Mention clean record for last x years. Tell them you are going to ask the judge for a PJC (Prayer Judgement Continuance). It should be granted. She'll have to have no tickets for next two years, else both will take effect. She'll have to pay court costs. No getting around that.
 
awaken said:
PJC. Arrive early, and speak to the DA. Mention clean record for last x years. Tell them you are going to ask the judge for a PJC (Prayer Judgement Continuance). It should be granted. She'll have to have no tickets for next two years, else both will take effect. She'll have to pay court costs. No getting around that.
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I don't practice criminal law, but my wife (who is a DA) has told me that often times people waste their PJC. In NC, insurance companies cannot raise your rates for your first speeding ticket and each insurance policy (i.e. household) only gets 1 PJC every three years. Based on this, it seems it could be better to pay the ticket on the first one (after asking for a reduction) as the cost is essentially the same as a PJC and keep your PJC in your back pocket so that if/when someone in your household gets a second ticket you can then burn the PJC and keep your insurance from going up (you also get 2 every 5 years from the DMV for suspension purposes).

As I mentioned, I don't practice criminal law at all and in no way am 100% sure on this (and I could be missing some nuance here), but this is what I've heard from talking to DAs in Wake County. None of this is legal advice for any particular person's circumstance.
 
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bojanglefunk said:
I don't practice criminal law, but my wife (who is a DA) has told me that often times people waste their PJC. In NC, insurance companies cannot raise your rates for your first speeding ticket and each insurance policy (i.e. household) only gets 1 PJC every three years. Based on this, it seems it could be better to pay the ticket on the first one (after asking for a reduction) as the cost is essentially the same as a PJC and keep your PJC in your back pocket so that if/when someone in your household gets a second ticket you can then burn the PJC and keep your insurance from going up (you also get 2 every 5 years from the DMV for suspension purposes).

As I mentioned, I don't practice criminal law at all and in no way am 100% sure on this (and I could be missing some nuance here), but this is what I've heard from talking to DAs in Wake County.
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I haven't done criminal or traffic work in years, but off the cuff I think there is some truth and some complication to this. It depends on what the violation is (not sure who your advice was directed at). You wouldn't want to waste a pjc on what could be reduced to a speeding 10 or less above the speed limit which wouldn't impact insurance. If it was a stop sign (or any other moving violation) on the other hand and you pay it it will effect insurance. If it was speed and no other moving violations w/i 3 years take the reduction. Stop sign under the same situation , I would show clean driving record explain situation and push for a dismissal, if no, then push for amending to a nonmoving violation like improper equipment (if the county does that), if no then try driving school for a VD, and worse case burn the PJC.

Disclaimer: This is not legal advice, and I don't not know the specifics of anyone's situation. Also I no longer practice in this area and the law could have changed and the procedures vary drastically from county to county. Consulting a lawyer is worthwhile in these situations if for no other reason than you don't have to waste a bunch of time in court. A good traffic lawyer should be able to not only protect insurance but strategically save the pjc if possible.
 
JimBoeheim said:
I haven't done criminal or traffic work in years, but off the cuff I think there is some truth and some complication to this. It depends on what the violation is (not sure who your advice was directed at). You wouldn't want to waste a pjc on what could be reduced to a speeding 10 or less above the speed limit which wouldn't impact insurance. If it was a stop sign (or any other moving violation) on the other hand and you pay it it will effect insurance. If it was speed and no other moving violations w/i 3 years take the reduction. Stop sign under the same situation , I would show clean driving record explain situation and push for a dismissal, if no, then push for amending to a nonmoving violation like improper equipment (if the county does that), if no then try driving school for a VD, and worse case burn the PJC.

Disclaimer: This is not legal advice, and I don't not know the specifics of anyone's situation. Also I no longer practice in this area and the law could have changed and the procedures vary drastically from county to county. Consulting a lawyer is worthwhile in these situations if for no other reason than you don't have to waste a bunch of time in court. A good traffic lawyer should be able to not only protect insurance but strategically save the pjc if possible.
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Gotcha. Thanks for the clarification. Mine was mostly meant to convey you don't ALWAYS need an attorney if you know what to ask for in certain situations. As with you, none was legal advice for anyone's particular situation and agree that you should consult an attorney if there is any doubt in your mind.
 
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tagsfan said:
A friend picked up a ticket in High Point for a rolling stop. She has a clean record and wants to avoid a conviction (and payment of anything, if possible). Oh yeah, no defenses to the charge. Any suggestions?
Click to expand...

creepy-herman-cain.gif
 
tagsfan said:
A friend picked up a ticket in High Point for a rolling stop. She has a clean record and wants to avoid a conviction (and payment of anything, if possible). Oh yeah, no defenses to the charge. Any suggestions?
Click to expand...

It must be asked: are you a fan of the tags?
 
Looking for some advice on an odd ticket last night. Officer wrote 81 in a 77 zone on the citation but clearly NC doesn't have any highways with that speed limit. He also said to go to court and it will be reduced.

My questions:
-I've heard any citation (& pleading guilty) of speeds over 80 is an automatic license suspension. Should I be worried about this?
-Is the 81 in 77 really going to be the effective consideration (meaning cited for 4 MPH over) and/or is this a potential loophole to get the ticket reduced/waived?

Trying to decide if I need to find a lawyer to help on this one or should roll the dice in court on my own.
 
JonasDeac said:
Looking for some advice on an odd ticket last night. Officer wrote 81 in a 77 zone on the citation but clearly NC doesn't have any highways with that speed limit. He also said to go to court and it will be reduced.

My questions:
-I've heard any citation (& pleading guilty) of speeds over 80 is an automatic license suspension. Should I be worried about this?
-Is the 81 in 77 really going to be the effective consideration (meaning cited for 4 MPH over) and/or is this a potential loophole to get the ticket reduced/waived?

Trying to decide if I need to find a lawyer to help on this one or should roll the dice in court on my own.
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Absolutely not true. Just paid lawyer, court costs and a fine for 89 in a 70 with it reduced to "improper equipment". It will cost you about $500 but all the gubment cares about is the money.

I would lawyer up.

Good luck!
 
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