I got a traffic ticket today, but am not sure how serious it is, due to the cop not checking any of the available possibilities, but just writing out what happened. Anyways, here's what he wrote (translated the best I could, as his writing is even worse than mine):

"Carelessly and headlessy in willful or wanton disregard of the rights or safety of others operated a vehicle to ? (word looks like intt): Driving left of ? (looks like certain maybe) passing other vehicles, speeding, and cutting off traffic."

He listed speeding, while listing my speed as over 50 mph (in a 45 zone). What happened is I did cut someone off, and then passed 2 people in the turning lane (actually was going 55-60 or so at one point). I know I'm wrong and aren't arguing that fact (was running quite late for an important appointment).

The back of the ticket lists that I need to show up to court on that day (listed as 2pm time in Disp 1A, in Wake County). I have a clean record (dwi about 6 years ago, but little if anything since).

Essentially just wondering is it worth an attorney, or could I just show up with documentation of the appointment I had and ask for leniency? If all else fails, I could use a prayer for judgement, but does this ticket appear to be worth using it over? Just looking for general advice and what you would do if in my situation (sorry for the long opening post, but wanted to get as much potentially useful info into it as I could think of).

3/21/2008 9:29:22 AM

Try calling the student legal services office. They will probably know a lot better than any of us.

[Edited on March 21, 2008 at 9:36 AM. Reason : ]

3/21/2008 9:36:50 AM

Quote :

"Driving left of ? (looks like certain maybe)"

driving left of center IE you were crossing the double yellow line carelessly/multiple times

3/21/2008 9:36:51 AM

Quote :

"They will probably know a lot better than any of us."

right

unless someone on here has been in that exact scenario, i'd talk to someone in the know

3/21/2008 9:40:56 AM

Quote :

"Try calling the student legal services office."

I have never heard of such

I'll do this come Monday, unless they happen to be in today for whatever reason

3/21/2008 9:43:12 AM

they can't actually represent you in these cases, they just offer you advice

3/21/2008 9:48:03 AM

Umm...from seeing 'carelessly', 'wanton disregard', et al, I would say yes. Is your court date mandatory, or is it one you can just mail in payment, etc. If it's mandatory, then that means it's probably felonious, in which case, yes, legal representation would be a very good investment. I had a similar charge for reckless driving, which was a mandatory appearance. It was in another county, so I paid a good lawyer to take care of it for me and he got it dropped to nothing.

Like others said, go to Student Legal Services and figure out how much hot water you're really in.

3/21/2008 9:53:51 AM

^^yeh, that's all I'm looking for

^felonious? that's probably not as fun as it sounds...yeh, just don't want to get one and then find out it was a needless expense

3/21/2008 9:55:38 AM

I can assure you from personal experience, that it is *never* a needless expense. You may have varying degrees of success, depending on the situation, but in 99% of cases, a lawyer will be able to reduce or remove charges that you otherwise could never have gotten pled down yourself.

3/21/2008 10:06:10 AM

I don't know anything about how to handle your ticket, all I do know is that if you go in talking about you were putting other people's lives at risk for a fucking appointment, you are going to REALLY piss off the judge.

In fact, try that out because the aftermath posting of you sitting in jail for a few days or paying a gigantic fine and outrageous insurance premiums would be really funny.

3/21/2008 10:48:58 AM

i bet getting pulled made you even more late for your important appointment.

3/21/2008 11:16:03 AM

Geez, guys, he admits he was wrong and seems to show remorse. Let's just assume he's learned a lesson from this and will have his priorities straight from now on. Cheap way to learn that lesson, too, since no one was hurt.

3/21/2008 11:25:17 AM

yeh, i know and admit to being in the wrong

i simply set my alarm for pm instead of am, and was lucky enough to wake up right before the appt, and yes, it obviously made me later, how'd you manage to figure that one out?

i also apologize for evidently being the only one on tww to ever be late for anything and thus speed & drive more aggressively than i normally do

Quote :

"I don't know anything about how to handle your ticket, all I do know is that if you go in talking about you were putting other people's lives at risk for a fucking appointment, you are going to REALLY piss off the judge. In fact, try that out because the aftermath posting of you sitting in jail for a few days or paying a gigantic fine and outrageous insurance premiums would be really funny."

haha, when you put it like that, it does sound crazy...i'll still go to the student services place monday just for assurance though

[Edited on March 21, 2008 at 1:27 PM. Reason : quote]

3/21/2008 1:17:24 PM

always get a lawyer

you never know what could happen later

3/21/2008 1:26:53 PM

Quote :

"i also apologize for evidently being the only one on tww to ever be late for anything and thus speed & drive more aggressively than i normally do"

there is a difference between speeding and driving more aggressively and passing people in the turning lane. Doing shit like that, you deserve to have your license suspended. I don't care if you were late for a meeting with the fucking president, there is no excuse for shit like that.

Speeding and aggressive driving saves an average of 75 seconds on a 20 minute drive, is a minute and a half really going to make that much difference?


And yes I have fucked up and done stupid shit before. Luckily it has never bit me in the ass, so I would say :

Quote :

"always get a lawyer you never know what could happen later"

but the other part of me says that there is no excuse and people shouldn't get off for shit like that so easily. It just encourages them to do it again with the knowledge that a good lawyer will get them off.

[Edited on March 21, 2008 at 6:21 PM. Reason : internal conflict]

3/21/2008 6:17:15 PM

I would advise just paying a lawyer to handle it. You don't have to show for court, and they probably be able to get it dismissed/dropped where if you went you would get full charge and have to go to court. Atty is the way to knock it out and leave record in better position.

Just a thought from a graduating law student. I handled quite a few traffic tickets the past 2 summers. Always worked out far better for those that got atty. DA's rather deal with attorneys.


III

3/21/2008 6:33:22 PM

Quote :

"Umm...from seeing 'carelessly', 'wanton disregard', et al, I would say yes"

"careless" and "wanton disregard" is simply the language of the statute

3/21/2008 7:10:05 PM

mr davis, one of the lawyers at student legal services a few years back, completely saved my ass.

def worth the time. head to talley, i think it's the 3rd floor, and set up an appointment

3/21/2008 7:42:29 PM

here's a suggestion:


leave earlier

3/21/2008 8:38:44 PM

can i refer you to mr. james crouch 828 5778 for all of your stupid traffic mistakes?

3/21/2008 8:45:10 PM

What statute(s) did he reference in the citation?

3/21/2008 9:44:22 PM

^^definitely the man to talk to.

Quote :

"If it's mandatory, then that means it's probably felonious"

wtf? hell no. lots of tickets have mandatory court appearances. just speeding 15mph+ will get you one.

in any event, those are fairly serious charges as far as traffic offenses go. at the least, you'll get raped on points if not have your license taken for 30-90 days. if you were convicted of your dui or any lesser offense, it's still going to show on a mvr also and make things that much worse. get a lawyer.

3/22/2008 12:23:38 AM

OBLIGATORY

CALL JAMES CROUCH

828-5778

3/22/2008 12:52:29 AM

Quote :

"What statute(s) did he reference in the citation?"

G.S. 20-141.1

3/22/2008 5:07:12 PM

i've used james crouch twice

3/22/2008 8:21:21 PM

I have used crouch for like 6 tickets and all was dismissed.

3/22/2008 10:15:31 PM

me too, he da man

3/22/2008 10:16:36 PM

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.1.html

Quote :

"§ 20-141.1. Speed limits in school zones. The Board of Transportation or local authorities within their respective jurisdictions may, by ordinance, set speed limits lower than those designated in G.S. 20-141 for areas adjacent to or near a public, private or parochial school. Limits set pursuant to this section shall become effective when signs are erected giving notice of the school zone, the authorized speed limit, and the days and hours when the lower limit is effective, or by erecting signs giving notice of the school zone, the authorized speed limit and which indicate the days and hours the lower limit is effective by an electronic flasher operated with a time clock. Limits set pursuant to this section may be enforced only on days when school is in session, and no speed limit below 20 miles per hour may be set under the authority of this section. A person who drives a motor vehicle in a school zone at a speed greater than the speed limit set and posted under this section is responsible for an infraction and is required to pay a penalty of not less than twenty-five dollars ($25.00). (1977, c. 902, s. 2; 1979, c. 613; 1997-341, s. 1.1.)"

I guess the next question is, since you were in a school zone, what time were you doing all this?

Because if its during the hours of school starting/ ending, the penalties are more severe than had they occured outside a school zone or outside the designated school hours.

3/23/2008 1:38:44 PM

wait, who said he was in a school zone?

3/23/2008 2:15:03 PM

I dont see anything about a school zone.

3/23/2008 3:20:05 PM

james crouch is a dick with ears

if you want a real attorney that can win your case by using the actual law, then hollla at me

3/23/2008 3:38:14 PM

^they do tend to be the best lawyers.

3/23/2008 3:49:18 PM

better to be late to the appointment and man up about being late, than killing someone on the way to try and be on time

3/23/2008 4:12:01 PM

^ugh, as i've already admitted to being in the wrong for breaking the traffic rules, the fact is no one was in danger as there were no cars coming from the other side of the road, hence why i passed the slower cars in the center turning lane

yes i was wrong, but just cause the law was broken doesnt mean anyone's life was in any danger (especially considering the turning lane was there for people in the other lane trying to turn, nowhere for people in our lane to turn, and thus no worries of them merging into the turning lane)

was i wrong, of course...was it stupid, yes...were the 2 cars i passed in danger of dying, no, or i wouldn't have tried passing em

3/23/2008 5:17:30 PM

Quote :

" 'wait, who said he was in a school zone?' 'I dont see anything about a school zone.'"

Quote :

" Quote : "What statute(s) did he reference in the citation?" G.S. 20-141.1 "

Quote :

" http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.1.html Quote : "§ 20-141.1. Speed limits in school zones. "

The g.s. listed on his offense has to do with speed limits set in school zones. At a certain speed over the posted limit you become careless & wreckless (maybe >20 over the limit?). With the school zone speed in effect from, say, 2:30 - 3:30, it becomes much more plausable to have a careless and wreckless charge to be tacked on to the speeding while still only going 10 miles over the normal speed limit:

45 mph, but due to school zone, from 2:30 - 3:30 the limit is 25 mph.

You fly through at 3:25 after most of the school traffic is gone going 55. At this point you're 30mph over the legal speed limit.

Unless the cop is just made a retard mistake (or ndmetcal
posted the wrong g.s.), there is a good reason for the g.s to be listed on the ticket. Thus the question of when he was traveling becomes paramount. Its the difference between 10 and 30 mph over.













[Edited on March 23, 2008 at 9:53 PM. Reason : /logic]

3/23/2008 9:48:29 PM

^was at 8am, and i saw no signs anywhere denoting a school zone (was on airport blvd from the 40 intersection to perimete park), not to say its not a school zone, but i didn't notice any indication of one for the 1/4 mile or so i was on the stretch of road

3/23/2008 9:53:42 PM

Id check next time you ride through it...

8 am falls right into school hours, and it would make sense for them to make those school zone hours from 7:30 - 8:30 -ish, depending on when the school actually starts.


If there is no school, I'd go ask wtf he listed that g.s. when it wasn't relevant. charge dismissed.

3/23/2008 9:56:09 PM

good call, i'll try to ride through there sometime this week...like i said, i've been in that area a couple times & never noticed it, but usually am not there in school hours

3/23/2008 10:00:04 PM

jUST cALL JAMES CROUCH 828-5778

3/23/2008 11:06:10 PM

James crouch has gotten me outta some bad shit. he's a cool guy as well to deal with. +1

and, yes it is worth getting a lawyer over. if u go in there by urself and dont know your shit you are going to get owned. etc..

[Edited on March 23, 2008 at 11:53 PM. Reason : ,]

3/23/2008 11:51:54 PM

Quote :

"If there is no school, I'd go ask wtf he listed that g.s. when it wasn't relevant. charge dismissed. "

Naw it won't be dismissed, they will just ammend the charge to another one. Get Crouch or Jacklegs suggestion since it appears that at the very least (without considering the school zone) you drove wrecklessly.

3/24/2008 7:07:55 AM

Quote :

"crab wanton?"

3/24/2008 9:35:15 AM

Lawyer up. It looks like you have three charges rather than just one speeding ticket. Reckless driving/Left of Center are semi serious and drastically reduce the chances of you being successful in representing yourself.

3/24/2008 1:21:23 PM