55 in a 35

[TurboWagon]

Same thread, different forum.

Well, this isnt going to be a bitching thread about how I dont think I was at fault in this situation. I know I was speeding so I have to pay the price, I do have some questions though.

I asked the officer his recommendation on the best way to handle this. He said I should appear in court on the day shown without a lawyer and try and get it lowered to 44 in a 35. I am personally skeptical I will get it lowered that much but I guess I will go ahead and try. However, should I go ahead and get a lawyer or do this myself?

I would try and use my second PJC but I used my first less than 3 years ago so I am pretty sure I can't use it again and will for sure have my insurance rise. All I can really hope for is lowering the speed but I think that will even be hard just because of my last moving violation about a year ago (rolling thru a stop sign).

Any help would be appreciated. This is my first speeding ticket but I expected I had it coming. It was a motorcycle cop, I was lucky I didn't get an additional "passing on the right" charge added because if it wasn't for the red-light I had to stop at just before I got pulled, Im sure that would have been on there.

Also, I am trying to get the court date moved up because I will be out of the country when I am scheduled to appear. I've called the District Court but was promped to send them an e-mail if it was regarding traffic violations. Has anyone had success in moving a court date? I am personally skeptical I will be able to move it so I am looking around for lawyers.

Sorry for the spotty post, just trying to figure out my best options.

 

[gimpo2]

pay them money and forget about it? possibly do deferred adjudication if your state has that.

 

[Moonpie.Express]

Never ever, ever let the cop know you are going to show up in court. Once he knows that, he will take detailed notes (right after your stop) of everything you guys talked about, the actual violation...anything.
And if you plan to show up, you sit there for a moment and write down everything.

But it sounds like you understand and take responsibility for your actions.

I would just pay it.

 

[Bochet]

don't get a lawyer. ask the judge to drop it to 44 in a 35 and you'll pay your dues and be on your way. i know in sc you can plead for consequences which will allow you to do comm service to help repay your debt to society.

 

[absolutamente]

Criminal!

 

[Kurt07]

Slow down and you wouldn't have this problem.

My real solution. Go to court. Maybe you will get lucky and the cop won't show up.

 

[TurboWagon]

Slow down and you wouldn't have this problem.

My real solution. Go to court. Maybe you will get lucky and the cop won't show up.

I know, i know. Serves me right because lately I have noticed myself being more impatient and aggressive on the road, just sucks the lesson came in the form of a ticket (but good that it didnt come in the form of an accident)

My problem with showing up in court is that I wont be in the country on the scheduled date. I am currently trying to get the date moved up but if I can't then I guess a lawyer is my only option.

Yet if the case is moved I am not sure what direction to take. If I try it alone, I can ask the judge to lower the speed but since my last ticket was erased due to a PJC, will that ticket even come into factor if I try and lower the speed myself? Would a lawyer even be able to do anything different?

My whole deal is I am trying not to get any sort of points. I am lucky that it is originally charged as 55 and not anything more. Apparently, speeding OVER 55 but below 75 will get you 3 DMV points when compared to just a moving violation which gives 2 (uncontested) and insurance would probably go up 1 point and about 25% (uncontested).

So another question, if I can get it lowered to 44 in a 35, will this also get rid of DMV points? I got this from a Charlotte lawyers webpage regarding Insurance points:

Special Exceptions: No Insurance Points will be assigned for:

An automobile accident provided all of the following are true:

1. The accident results in property damage only;
2. The amount of damage is $1800.00 or less;
3. The driver was not convicted of a moving violation as a result of the accident; and
4. No other licensed drivers in the household have moving violation convictions or at-fault accidents during the experience period.

Speeding for 10 mph or less over the posted speed limit, provided all of the following are true:

1. The speeding violation did not occur in a school zone; and
2. There is not another conviction for a moving violation during the experience period. A PJC will not count as a prior conviction for the purposes of this exception.

Once a conviction in which judgment is continued; however:
A second PJC charged to the insured household may cause points to be charged according to the underlying convictions.

The only thing I dont understand there is the "experience period". Is that the time between the ticket and the scheduled court date?

 

[SMITTNME]

A lawyer can get expensive. If this is your first ticket, the judge will probably reduce the speed and let you go to driving school since you have a clean record.

 

[avarela86]

Depends on your driving record i wanna say. I just got one 93 in a 70. So don't feel so bad. My ticket will be around 300+ court fees if I get nailed and the lawyer was $99 w/out any guarantees. Usually a lawyer get can it thrown out. Unless things are different in NC. Good luck...wish me luck too. LOL

 

[MS3077]

I got busted for doing 100 in a 45.

End result: $400.00 ticket $400.00 lawyer and 4 points on license


55mph over the limit equaled $800.00 and 4-points.

Guess I'm lucky I didn't go to jail and lose my license for that one..

 

[camrycev6]

Wow... you are lucky they didn't give you some jail time. In MD, you get busted doing more than 30 over... You will probably get some.

 

[Sierra117]

Get the lawyer. All that bull s*** about "adjusting and properly calibrating" lasers/radar guns and all that is just that, bulls***. The judge wont lower it, and the cop damned well knows it. Any cop who tells you to fight it is setting you up. The lawyer will get it lowered to a non moving violation, meaning you will still have to pay, but no points and it wont be on yur record.

 

[enganear]

Did you have a radar detector?
-enganear

 

[MS3077]

I did and do

 

[TurboWagon]

No, I did not have a detector but will probably get one.I will probably invest in a detector now, used to have one but it broke and I never replaced it.

The only real thing that makes me mad about this situation is that I wasn't speeding on purpose, just caught at the wrong place and time, in between 4th and 5th. Its not like I could say "But officer, around 2900 rpm's if I dont get on it a little, I get a bad stumble!"

I am pretty confident that I am going to get a lawyer for this. Most of my friends have had tickets of this very same manner reduced and they have given me some good information on which lawyers I should call.

And what the hell were you going 100 in a 45 for? That is pretty damn risky.

Oh well, it just sucks that now I feel like I can't even drive my car like I want anymore. It feels like the joy has been ripped right out of it. Im sure it will go away but I really just dont even want to drive. (notcool)

 

[MS3077]

And what the hell were you going 100 in a 45 for? That is pretty damn risky.

WAS DRIVING ON A LONG STRETCH OF ROAD WITH NO (ZERO) TRAFFIC.
I GOT CAUGHT IN A SPEED TRAP s*** HAPPENS.

IT'S KIND OF ANNOYING WHEN THE COPS SET UP SPEED TRAPS IN AREAS THAT ARE MOST SAFE TO SPEED ON. THEY SEEM TO DO THIS A LOT IN MY NECK OF THE WOODS. THEY'RE ALWAYS IN THE NICE PARTS OF TOWN WITH NOT MUCH TRAFFIC AND LONG STRAIGHT A WAYS HIDDEN BEHIND NICE BIG TREES, ETC.

OH AND TO ANSWER YOUR BORDERLINE BELLIGERENT QUESTION. GOING 100MPH ON OPEN ROAD WITH NO TRAFFIC IS FUN.ALSO, I WASN'T GOING 100MPH FOR LONG AT ALL MAYBE 2 SECS AND THAT'S WHEN THE COPS GOT ME.

YOU'RE PROBABLY A SAINT AND WOULDN'T UNDERSTAND

 

[Betelgeuse]

1. Get detector (good one - don't go too cheap).

2. Get lawyer (you will most likely have to pay court costs and in rare cases take a 4 hour course online, but no points and clean record). This is the 'set it and forget it' method that has worked for me over the years since I have no desire or time to go to court.

 

[Rany]

a very good, if not the best detector you can buy, about $400 (which is the price aof a good speeding ticket not including ins costs) is a http://www.valentine1.com/. I swear by mines

 

[avarela86]

a very good, if not the best detector you can buy, about $300 (which is the price aof a good speeding ticket not including ins costs) is a http://www.valentine1.com/. I swear by mines

+1 I need to get one ASAP. 100 in a 40 but didn't get caught. When there is a long stretch it feels ok. At least for me. Yeah dangerous huh..... People subconsciously will go as fast as they feel comfortable.

 

[SpcyOrngMSP]

i got a ticket for doing 125 in a 45... end result is i hired a lawyer, he pointed out a mistake that the STATE TROOPER made on the ticket and they could not hold me accountable, i got real lucky i didnt get arrested on the spot...

:edit: the ticket had about 4 or 5 charges on it also which included but were not limited to... drag racing, wreckless driving, driving with intent, speeding, etc.

but yea, i always appeal my citations no matter how serious or not so serious they are