wwwebsurfer All American 10217 Posts user info edit post |
Trooper Woodlyn decided it was my day today. After almost 10 years of driving ticket-free today was the day.
I was coming off I-95 (speed limit 70) down the ramp onto Hwy-24 (apparently speed limit 55). I hadn't even seen the first sign for double nickle before I got pulled. I wasn't too happy about that - I didn't even get a reminder the limit had changed before I was getting pulled. Ticket was for 73 in 55.
So - what say you TDub, show up for court (I already am scheduled to work from home on the court date) or just find a lawyer and pay cash. I've heard it's just cheaper to pay the lawyer - any truth in that? 1/19/2011 9:27:35 AM |
MaximaDrvr
10394 Posts user info edit post |
Go to court, explain your case. 1. Possibly thrown out. 2. Most likely reduced to where it won't affect your insurance.
No point in spending a couple hundred on something you can do yourself. 1/19/2011 9:29:46 AM |
wwwebsurfer All American 10217 Posts user info edit post |
^ over/under on success? 1/19/2011 9:30:09 AM |
ThePeter TWW CHAMPION 37709 Posts user info edit post |
Work from court 1/19/2011 9:31:17 AM |
synapse play so hard 60929 Posts user info edit post |
can you ask for a PJC and then if the judge says no ask for a continence? or can you only do that before you ask for a PJC? 1/19/2011 9:32:30 AM |
ThePeter TWW CHAMPION 37709 Posts user info edit post |
Hate to be that guy for this topic, but there's a helpful lounge thread that you can read up on and probably get faster answers
message_topic.aspx?topic=389230 1/19/2011 9:34:52 AM |
Biofreak70 All American 33197 Posts user info edit post |
as a defendent, you have a certain number of continuances allowed to you
i think if you don't have a lawyer, you can simply say that you want to wait and retain legal counsel and that will get you a continuance 1/19/2011 9:35:01 AM |
EMCE balls deep 89740 Posts user info edit post |
You lol now
But after you think about it enough, realize no one was in danger, realize what a waste of time dealing with this is, realize giving speeding tickets doesnt really make the roads any safer, realize cops that give tickets speed all the damn time but will probably never have to go through the pains of getting a ticket, etc...
Well, you will still be lolling...but for a different reason. 1/19/2011 9:44:20 AM |
wwwebsurfer All American 10217 Posts user info edit post |
whats a PJC and why would I ask for a continuance?
I mean, if it was possible I'd go over there tomorrow and get this taken care of - I don't like things like this to loom 1/19/2011 9:44:38 AM |
Biofreak70 All American 33197 Posts user info edit post |
i think pjc is a prayer for judgment (I've never seen that abbreviation). It is like a one time get out of jail free card you can use (I used mine for a drinking ticket my freshman year). And if the judge didn't want to give it to you, you could ask for a continuance in order to come back again and see a different judge and see if he will give it to you. the good thing about having a lawyer is he knows what judges you will be seeing and can take care of all this for you (I had a charge down in johnston county that i hired a lawyer for and the only time i ever went down there was to pay him, but he went through multiple continuances and ultimately had my case dropped) 1/19/2011 9:49:22 AM |
EMCE balls deep 89740 Posts user info edit post |
Prayer for judgement
You basically go into court,accept responsibility, say you'll be a good little bitch, and beg the judge to take it easy on you 1/19/2011 9:49:42 AM |
Smath74 All American 93278 Posts user info edit post |
if he gets it reduced to 9 over and it's his only ticket in the next 3 years, his insurance won't be affected. 1/19/2011 9:50:52 AM |
wwwebsurfer All American 10217 Posts user info edit post |
^how does one do this? 1/19/2011 9:51:54 AM |
CarZin patent pending 10527 Posts user info edit post |
Ignore the advice for using a PJC. Its bad advice if you can get the ticket reduced to 9 over (probable). You use the 9 over, your insurance isnt raised (technically, although you may lose some discounts), and if you get another ticket in 3 years, THEN you use your PJC.
Quote : | " I hadn't even seen the first sign for double nickle before I got pulled. " |
yeah, they have nothing better to do most of the time. Seems like the only good of the state highway patrol is writing tickets. I hope the legislature gets that come budget cutting.
[Edited on January 19, 2011 at 9:55 AM. Reason : .]1/19/2011 9:54:29 AM |
Madman All American 3412 Posts user info edit post |
Shop up, wait in line, and the assistant DA will call you and tell you i't's being lowered to 9 over. Maybe. 1/19/2011 9:54:30 AM |
EMCE balls deep 89740 Posts user info edit post |
I mean shit, if you just want it reduced, call the DA, explain the situation, and ask him to reduce it 1/19/2011 9:54:44 AM |
Madman All American 3412 Posts user info edit post |
you have to show up in person 1/19/2011 9:55:24 AM |
EMCE balls deep 89740 Posts user info edit post |
Ahh, I see
I was able to just call before in NY 1/19/2011 9:56:39 AM |
Bobby Light All American 2650 Posts user info edit post |
DONT waste your PJC (Prayer for Judgement) on this...18 over is nothing. Save the PJC for something much worse.
Go to court and when the assistant DA (the guy that will likely be calling the roll when you walk into court that morning) calls your name, ask for a reduction to 9 over. If he says yes, you can go immediately to the magistrates office and pay court costs and leave. No points, nothing.
If the DA doesnt give you a reduction, plead not guilty...then you'll eventually get sworn in and have a chance to plead your case to the judge. Explain your case to the judge and ask for a reduction to 9 over.
If the judge will not reduce it to 9 over, ask for a continuance and hire an attorney to make it disappear. 1/19/2011 9:58:10 AM |
themayor All American 1473 Posts user info edit post |
As a lawyer, I'd recommend you hire an attorney. You're going to end up paying a min of $141 in court costs anyway and you can probably find an attorney to do it for around $200-225. If its worth the extra cash for you to make sure its done right and not have to get all gussied up and spend a day in the court with "wake counties finest" then go for it. If not, go in and ask for an "improper equipment" if the DA says no, ask them to reduce it as low as they can ie a 60 in a 55, plea "responsible" and then ask the judge "to respectfully continue judgment" which means if you dont get in any trouble in the next 3 years, no judgment is ever entered against you and its like the ticket never happened. But thats just my opinion, I could be wrong. 1/19/2011 9:58:59 AM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | "^how does one do this?" |
Where did this happen again (what county/city court will you be going to?)??
In smaller courts you will just deal with the officer and the judge. Usually those judges are pretty lenient and will reduce it to 9-over and you'll pay the fine and be on your way. I'm pretty sure your first ticket (for just 9-over) is only two points on your insurance won't cause an increase in rates (someone please correct me if I'm wrong on this one). If it's just the officer and the judge, your best bet is to try and talk to the officer before the judge takes his seat and ask him if you think it would be possible if he could recommend it being reduced to 9-over because this is your first ticket. Hopefully you were nice to him when he pulled you over and usually they'll do this.
If it's a bigger court (like Wake County in dtown Raleigh), they'll usually have an assistant DA standing outside going through tickets and you can talk to them about reducing it to 9-over...which they usually do quite frequently.
If all else fails...ask for a prayer for judgment. Most people will say that you don't waste your prayer for judgment on a speeding ticket...but if you're a squeaky clean person...go ahead and do it. If you get in trouble for something later, just pay a lawyer.1/19/2011 9:59:46 AM |
wwwebsurfer All American 10217 Posts user info edit post |
^Fayetteville/Cumberland County 1/19/2011 10:00:55 AM |
jbtilley All American 12796 Posts user info edit post |
Quote : | "Seems like the only good of the state highway patrol is writing tickets. I hope the legislature gets that come budget cutting." |
Reduce one of their revenue streams?
Also, fully aware of the prayer for judgment, but PJC? I could see PFJ.
Prayer for Judgment Call
-Ah, looked it up. Prayer for judgment continuance.1/19/2011 10:15:37 AM |
Str8BacardiL ************ 41752 Posts user info edit post |
HIRE
A
FUCKING
ATTORNEY
They are inexpensive and pay for themselves in lower insurance premiums, it sounds like this one has a a case for being dismissed.1/19/2011 10:17:09 AM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | "^Fayetteville/Cumberland County" |
More than likely they'll have an assistant DA you can talk to about it (just my guess) and you shouldn't have to hire an attorney. How was your interaction with the cop while he was giving you the ticket?1/19/2011 10:17:44 AM |
wwwebsurfer All American 10217 Posts user info edit post |
^it was great - he was a nice guy. Walks up "I pulled you 'cause you were speeding." I explain my case how I was just coming down the ramp and flipping my cruise control off from the interstate. He take my license and comes back with a ticket. I tell him to have a good day, he says drive safe, we go on our way.
I had heard lawyers were like $550 for stuff like this. Hearing they're ~$225 sounds like I'm going to call one and get this done with. I've been doing the dave ramsey thing and this sounds like a good use of that emergency fund For a maximum savings of like $100 it ain't worth going to the court house and pissing half my day away. 1/19/2011 10:36:45 AM |
Str8BacardiL ************ 41752 Posts user info edit post |
Yeah in backwoods countys the lawyers and the judges and prosecutors are all buddy buddy if you hire a popular attorney it virtually guarantees dismissal.
Look up one that specializes in felonys like rape and murder, you do not want one that "specializes" in traffic tickets. The good lawyers walk in to court and the case gets dismissed cuz the DA does not want to waste time haggling with them about a bs speeding ticket. 1/19/2011 10:40:51 AM |
Str8BacardiL ************ 41752 Posts user info edit post |
http://www.robertslawteam.com/
These guys look badass. 1/19/2011 10:43:53 AM |
yrrah All American 894 Posts user info edit post |
^^ that doesn't make sense, why wouldn't you want one that specializes in traffic tickets? 1/19/2011 11:35:04 AM |
Str8BacardiL ************ 41752 Posts user info edit post |
because one that "specializes in traffic tickets" is a borderline failure. At least get one that can handle a DWI or something.
That is like hiring the guy that "specializes in oil changes" to repair your car...except its your criminal record and insurance rates (for 3 years) that are on the line. 1/19/2011 12:01:38 PM |
jbrick83 All American 23447 Posts user info edit post |
^You'd be surprised. Attorneys that can get a shit-ton of traffic cases and other small things can make a good living if they get the consistent business....and they soon becomes experts at that stuff.
Whereas someone who mainly does civil stuff and heavily criminal stuff might not even know the court process of traffic court.
Bottom line is that if an attorney has enough money to put out decent ads or have the resources to find out that you got a speeding ticket and sent you some mail...then he can get you out of a speeding ticket. No need to spend $500 on a pricey attorney when $200 will get you the job done.
You only pay the premium for an experienced attorney when you have a difficult situation. This all coming from an inexperienced attorney.... 1/19/2011 12:05:14 PM |
raiden All American 10504 Posts user info edit post |
get a lawyer and you can get that shit knocked out completely. Especially if you don't normally drive through there and there was no posted sign-age saying the speed limit was reduced. Its a bullshit ticket and the state trooper knows it, he was probably just tryin to fill a quota (which in itself is bullshit but whatever). 1/19/2011 12:07:46 PM |
vinylbandit All American 48079 Posts user info edit post |
Quote : | "ask for a continence" |
lolololol
that is jen-worthy1/19/2011 12:07:48 PM |
MaximaDrvr
10394 Posts user info edit post |
themayor:
Quote : | "As a lawyer, I'd recommend you hire an attorney. You're going to end up paying a min of $141 in court costs anyway and you can probably find an attorney to do it for around $200-225. If its worth the extra cash for you to make sure its done right and not have to get all gussied up and spend a day in the court with "wake counties finest" then go for it. If not, go in and ask for an "improper equipment" if the DA says no, ask them to reduce it as low as they can ie a 60 in a 55, plea "responsible" and then ask the judge "to respectfully continue judgment" which means if you dont get in any trouble in the next 3 years, no judgment is ever entered against you and its like the ticket never happened. But thats just my opinion, I could be wrong.
" |
I wouldn't say I was a lawyer and then give advice like that. One: if it gets dropped, then there are no costs what so ever Two: rarely are lawyer only $200. Most rates I have seen are $250+, and that was 10 years ago Three: Improper Equipment doesn't work as well as it used to, and counts as a moving violation (same as speeding) in some counties. 4: if the don't drop it, then you can ask for a continuance so seek council. You may have to go a second time, but then you can look for a lawyer and not fork out for one to start, who may not do any better than you.1/19/2011 12:14:51 PM |
jbrick83 All American 23447 Posts user info edit post |
^Yeah...that doesn't sound like the best advice. An attorney has the opportunity to get you out of an improper equipment, but a normal person isn't going to have as much luck.
However...
Quote : | "Two: rarely are lawyer only $200. Most rates I have seen are $250+, and that was 10 years ago" |
Rates are about the same or less. With the shitty economy, attorneys are taking all they can get...and are dropping their fees to get clients. I've seen as low as $175 for taking care of a speeding ticket (which is about the hourly fee for a young attorney...it's mine at least).1/19/2011 12:20:26 PM |
MaximaDrvr
10394 Posts user info edit post |
^ it is a speeding ticket, not improper equipment though. 1/19/2011 12:22:36 PM |
jbrick83 All American 23447 Posts user info edit post |
Meant to say get you off with an improper equipment. 1/19/2011 12:23:47 PM |
FykalJpn All American 17209 Posts user info edit post |
get a certified copy of your driving record, take it to court and ask the DA to reduce the charges. do not ask for a PJC. do not have the case continued. do not hire a lawyer unless you just want to avoid spending the morning in court
[Edited on January 19, 2011 at 12:27 PM. Reason : btw, speed limit is 55 unless otherwise posted] 1/19/2011 12:26:30 PM |
MaximaDrvr
10394 Posts user info edit post |
In some counties the improper equipment is the same as speeding, so it isn't getting off with anything. I don't know about Fayetteville/Cumberland County though 1/19/2011 12:27:09 PM |
Bobby Light All American 2650 Posts user info edit post |
Attorney rates are typically dependent on how bad your ticket is as well. Fees for a 0-9mph over ticket is much cheaper than a 15+mph ticket.
Ask me how I know.
Also, let me restate what I said before (this isnt rocket science)
Quote : | "DONT waste your PJC (Prayer for Judgement) on this...18 over is nothing. Save the PJC for something much worse.
Go to court and when the assistant DA (the guy that will likely be calling the roll when you walk into court that morning) calls your name, ask for a reduction to 9 over. If he says yes, you can go immediately to the magistrates office and pay court costs and leave. No points, nothing.
If the DA doesnt give you a reduction, plead not guilty...then you'll eventually get sworn in and have a chance to plead your case to the judge. Explain your case to the judge and ask for a reduction to 9 over.
If the judge will not reduce it to 9 over, ask for a continuance and hire an attorney to make it disappear." |
1/19/2011 12:28:09 PM |
joe_schmoe All American 18758 Posts user info edit post |
Quote : | "Ignore the advice for using a PJC. Its bad advice if you can get the ticket reduced to 9 over (probable). You use the 9 over, your insurance isnt raised (technically, although you may lose some discounts), and if you get another ticket in 3 years, THEN you use your PJC." |
I came to post this exact thing. but carzin beat me to it.
don't pay a lawyer more than what the damn ticket will cost. you can handle this on your own.
explain your situation. the limit was recently changed. it's your very first offense, do not 'waste' your PJC. just ask if it can be reduced. It most likely will.
If you have to see the judge, it may even get thrown out if the judge is being generous that day.
you can plead not guilty if the DA is being a hardass, and you're not going to get hammered any more for it.
and yes, save that PJC for the day you get surprised with another ticket.
EDIT: ^ everything bobby said.
[Edited on January 19, 2011 at 12:34 PM. Reason : ]1/19/2011 12:31:10 PM |
FykalJpn All American 17209 Posts user info edit post |
driving w/ improper equipment carries no license or insurance points. see ncgs 20-141 1/19/2011 12:32:09 PM |
MaximaDrvr
10394 Posts user info edit post |
^some counties have more strict penalties. 1/19/2011 12:46:18 PM |
FykalJpn All American 17209 Posts user info edit post |
counties can't supersede state law 1/19/2011 12:48:08 PM |
MaximaDrvr
10394 Posts user info edit post |
I know for sure that Meck is a moving violation for improper equipment that carries points. I believe I read other counties followed. It was heavily in the news when it happened about 5 years ago.
Didn't wake as well?
[Edited on January 19, 2011 at 12:51 PM. Reason : .] 1/19/2011 12:50:56 PM |
jethromoore All American 2529 Posts user info edit post |
In 2007 NC added new laws that:
Quote : | "* Prohibit PJCs or improper equipment pleas for drivers ticketed at more than 25 mph above the speed limit.
* Require the state Division of Motor Vehicles to record improper equipment pleas on drivers' records, so prosecutors can know when a speeder has been allowed several." |
http://www.newsobserver.com/2007/08/03/67104/speeding-measure-revived-approved.html
but
Quote : | "In the 16 months since legislators tried to close loopholes that let the fastest speeders avoid harsh penalties, some judges and prosecutors have ignored the new laws or found ways around them." |
http://www.newsobserver.com/2009/03/28/84321/courts-are-still-soft-on-speeders.html
Each county can determine whether or not they allow IE pleas but as far as moving/non-moving violation it's a matter of NC law and I'm not sure how a county could enforce such a thing.
EDIT:
Quick googling:
Quote : | "Lillie said Mecklenburg doesn't allow the improper equipment plea, preferring PJCs. That's because as part of those deals, Mecklenburg speeders must agree to attend driving school, he said." |
http://www2.independenttribune.com/news/2009/jun/15/speeders-break-law-then-reap-breaks-ar-72778/
[Edited on January 19, 2011 at 1:07 PM. Reason : more info]1/19/2011 1:03:33 PM |
wwwebsurfer All American 10217 Posts user info edit post |
Just got quoted $250 + court costs = $400ish
geez
Quote : | "Attorney Byrd can represent you and have the speeding ticket reduced or amended to something that will not affect your license points or insurance. The fee is attorney fee only. You would be responsible for any court costs. We would notify you of the amount (usually $141) and Mr. Byrd would get you some time in which to pay those costs to the courthouse." |
Sounds awful confident Is the system really that crooked that they can be absolutely sure of the outcome? If this is the case why do we even have courts? Just fine me a fair fee and be done with it.1/19/2011 3:48:05 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
Go to court and ask for a PJC. It's your first ticket, the judge will definitely give it to you. 1/19/2011 3:53:05 PM |
wwwebsurfer All American 10217 Posts user info edit post |
^look, I'm saving the PB&J for some day when I run down a homeless person in a fit of alcohol-fueled rage.
Please take that option off the table. 1/19/2011 3:54:36 PM |
djeternal Bee Hugger 62661 Posts user info edit post |
Then get the DA to reduce it and pay the ticket.
Paying that much for a lawyer isn't worth it imo, especially if it's your first ticket. 1/19/2011 3:55:41 PM |