I rear-ended someone and my car got pretty fucked up. The cop still wrote me a $170 citation for failure to reduce speed to avoid collision. Is this something worth getting a lawyer for or should I just pay the fine? I don't want my insurance to go up.

1/12/2008 12:41:07 AM

you're pretty much fucked twice (for the wreck and then the ticket)

[Edited on January 12, 2008 at 12:45 AM. Reason : .]

1/12/2008 12:45:33 AM

So there is no damage to the other car at all???

I practice in Moore/Lee & Chatham Counties and around here if you have your lawyer take a letter from the insurance company either saying there is no claim or the damage has been paid for, your Failure to Reduce gets dropped.

You MAY be able to work that deal out with the DA yourself, Maybe not. Things work totally different in various counties.

Regardless, I would not just pay the fine. It shouldnt cost you too much more than the 170 to retain an attorney and you never know when you will need those Driving Record Points later.

I can give you a good referral if you decide to go the lawyer route.

*J-Hova's Brother

1/12/2008 2:01:42 AM

Quote :

"So there is no damage to the other car at all???"

Quote :

"I rear-ended someone and my car got pretty fucked up"

Unless he rear-ended a tank doing combat missions in Raleigh, I would say the other vechile has some/considerable damage.

1/12/2008 2:10:50 AM

^^Who are/were you with in Moore County? I know quite a few of the Moore Co lawyers.

1/12/2008 2:53:36 AM

just bring a letter from your insurance company saying they will cover damages. DA will most likely dismiss charges.

1/12/2008 3:00:01 AM

most of the time.........not always, but most of the time........if you think you need a lawyer you most likely do.

1/12/2008 9:45:53 AM

Quote :

"just bring a letter from your insurance company saying they will cover damages. DA will most likely dismiss charges."

1/12/2008 10:04:37 AM

I mean you can bring in the letter and everything to your first court date. If they will not dismiss it then ask for a continuance so you can hire a lawyer. They will give you one or two continuances guaranteed.

Definitely do not plead guilty to that. Your insurance company is gonna nail you with an increase for being faulted in the wreck, if you plead guilty to that charge then they are also gonna nail you with another increase for having points on your driving record.

1/12/2008 10:13:06 AM

I'd go with the lawyer

[Edited on January 12, 2008 at 12:31 PM. Reason : ]

1/12/2008 12:28:18 PM

Thanks for the points guys. i'm insured through geico, I'm not exactly sure how they'll respond when I tell them I need proof in order to avoid getting points on my driver's license. It just seems to me that that's what they would want so I would have to pay them more every 6 months.

1/12/2008 12:31:47 PM

Insurance points are different from license points.

1/12/2008 12:41:25 PM

This might sound dumb, but what is getting DL points going to cost me? I'm guessing after getting a few, it could be suspended?

1/13/2008 10:55:10 AM

If you are convicted of certain motor vehicle violations in North Carolina, driver license points are placed against your driving record. If you accumulate seven points, you may be assigned to a Driver Improvement Clinic. The clinic fee is $50. Upon satisfactory completion of the clinic, three points are deducted from your driving record. If you accumulate as many as twelve points within a three-year period, your license may be suspended. The accumulation of eight points within three years following the reinstatement of your license can result in a second suspension.

If your driver license is suspended by the point system, it may be taken for:

* 60 days for the first suspension;
* 6 months for the second; and
* 12 months for the third.

1/13/2008 11:06:20 AM

If you get a certain amount of insurance points within a year. (I BELIEVE the exact number is 8, dont have my book sitting right here), your license gets suspended for a year.

Sounds like alot, but Speeding over 60 mph gets you 3 points (which happens often when your DA will only give you a 9 Over for a 55 mph zone), so if you get pulled for speeding or other infractions often, it can easily happen.

Additionally, when lawyers show your driving record to DAs to get you deals, alot of them just want to see how many points you have. If you have points, alot of them wont give you IEs.

So whatever you can do to stay away from points now could save you $$$ later.

***

As far as Moore County, I work for Wilson & Reives. I work the Carthage branch that we just started 2 months ago. I think I have met most everyone, unless they just do civil work. Most of them are cool as hell, but its definitely different from working Durham/Wake .

1/13/2008 11:14:57 AM

well since the people in the law offices are posting here. Where can i get a law book to just flip through on my own time? would the library have one?

1/13/2008 1:14:59 PM

lol "a law book"?

all us/nc/wake county/raleigh's statutes and laws are available online

1/13/2008 1:16:17 PM

well that works too thanks

1/13/2008 1:18:10 PM

Andrew Sandman.

1/13/2008 10:38:04 PM

Enter sandman

1/14/2008 4:16:56 PM

*an only partially related question, but it seems to fit well here:

Does anyone know the protocol for points going away re: insurance rates? I was cited for 54 in a 35, reduced to 44/35, in 12/05 and 53 in a 35, reduced to 44/35, in 1/07. Each carries two points, and my insurance company raises rates at 3, so the first infraction did not raise my rates but the second one did. I was told points have a 3-year lifespan. The question is, will my rates go back down when 2 points disappear in 12/08, or do I have to keep a clean record until 1/10 for the rates to drop? When the second points hit, my rates jumped up $350/year.

1/14/2008 4:26:04 PM

dear sir..

your insurance will be going up.
the good news is this will only stay on your record for 3 years.
man up and pay it

1/14/2008 4:36:52 PM