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Old 01-09-2017, 01:49 PM
 
72 posts, read 59,143 times
Reputation: 107

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My husband was pulled over on 70 going through New Bern in the area where the speed limit is 70/55/70. He left his cruise control on. Turns out, the internet says it's a well known speed trap. 18 over the limit (73 in 55). The reason won't matter, but he was rushing me to my dentist for what quickly became a medical emergency.

Any one here had luck fighting this kind of ticket? He's terrified that they're going to take his license. It's his first NC ticket and the first speeding ticket in probably 8 years.

He's in the process of calling some of the attorneys from the many (MANY) mailers we've been sent. They're recommending a PFJ. He can't really take the whole day off work to go to New Bern, so we're okay with going the attorney route.

Thanks so much for any insight.
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Old 01-09-2017, 03:42 PM
 
183 posts, read 240,920 times
Reputation: 56
Ask for a prayer for judgement .With a good driving record he has the opportunity to have it expunged.You may just have to pay a fine but with no points as well.
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Old 01-09-2017, 07:59 PM
 
9 posts, read 8,752 times
Reputation: 41
First off, your husband isn't going to lose his license..not even close. If a crack head with 3 dwi's and no child support payment can manage to keep his/her license, your husband isn't going to lose his over a minor speeding ticket.

Second, taking a PJC (Prayer for Judgement) on a traffic ticket like this is probably a waste of a PJC. It's kinda a one-time use only, and generally you would want to save it for something worth using it on. Now, if your husband rarely gets into trouble then by all means go ahead and request it. Hiring a lawyer will likely cause the speeding ticket to be reduced to an improper equipment ticket...what this means is that he will still pay a fine plus court costs PLUS the lawyer fee, but it will not result in any license points or insurance points.

So to clarify:

Option 1: Husband shows up in court on his court date, asks the Assistant District Attorney for a "Prayer for Judgement", if they agree, he walks out paying court costs only and is on his way, just tell him not to get another ticket for a while.

Option 2: Hire a lawyer and have them reduce the speeding ticket to improper equipment or some other similar garbage charge. Husband pays fine + court costs + lawyer fee.

Option 3: Husband goes into court, when his name is called he walks over to the District Attorney, pleads his case explaining his very good driving record, cruise control, and your medical emergency and requests very politely to have the charge dismissed or reduced in light of that information. If the DA says No, then he requests a continuance and he then hires a lawyer.

Option 1 is MUCH cheaper but burns his one-use-only card on a minor speeding ticket.
Option 2 allows husband to avoid going to court and potentially saves his PJC but it costs quite a bit more $$ in the end.
Option 3 is big baller option and works more often than you think but most people are too afraid to try. Traffic/District court is a damn 3 ringed circus that would make Barnum and Bailey jealous. Most people show up looking pissed off, wearing what they fell asleep in the night before, and have no clue what the heck is going on most of the time. If he goes in well dressed, polished up, listens for his name to be called, and understands what he's requesting and how to do it, he can get off with a smile and a wink.

Good luck!
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Old 01-09-2017, 08:04 PM
 
Location: North Carolina
478 posts, read 300,162 times
Reputation: 1697
Definitely get the attorney and they will take care of it so you won't have to go. I got a ticket near Columbia, NC on Hwy. 64 (another speed trap) about 8 years ago. If I remember correctly, it was about 275.00 and was worth every penny to have them take care of it. Your husband should be fine.
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Old 01-10-2017, 03:59 PM
LLN
 
Location: Upstairs closet
4,981 posts, read 8,742,906 times
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Just so you know, there is no 70/55/70 area in New Bern on US 70. About 15 miles toward Kinston, there is, around Dover. Once the 70mph ends, just west of NB, US 70 is 55 or less, all the way to the coast.
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Old 01-13-2017, 03:28 AM
 
4,956 posts, read 2,197,701 times
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Best advice ... don't speed.
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Old 01-22-2017, 04:29 PM
 
72 posts, read 59,143 times
Reputation: 107
Thanks, everyone. He contacted an attorney, who will represent him on the court day. The attorney also had been through the same dental emergency that I had been dealing with, so they had a nice talk about that. (The reason didn't matter, of course, but there was some empathy, which is nice to hear from an attorney.) He's going to pay the fees and be done with it. No PFJ, because of the consequences of getting a second ticket.

I'm not from New Bern, so I am probably misremebering the location. You could see the city from the highway, and when we looked up the location on the traffic watch sites, it came up as a speed trap. Hey, plenty of places prey on distracted out-of-towners. We get it.

Ditchoc: Yes, not speeding would be nice, wouldn't it? I sure do wish we could GO BACK IN TIME AND MAKE THAT HAPPEN. Such a HELPFUL comment. Do you have any other sage, get-in-my-Time-Machine types of wisdom to pass along, ditchoc?

Do you happen to drive in Raleigh? The differences between the posted and observed speed limits are ridiculous. If you drive the posted 65 MPH on I40, you will be the person people flip off, tailgate, flash their brights at (lovely at night), and basically become a target. I'm sometimes surprised at how fast people drive here, seemingly without fear of being pulled over. Posted 65 is observed 80. Posted 45 (Cornwallis, parts of 70 through Garner) is observed 65. With the Fortify work going on, it's a real fun time trying to get onto and off of ramps. It's actually MORE dangerous to try and maintain 65 in I40 than to bump up to 73 (which is what I do). It's fast enough to keep up with the flow of traffic without being so fast as to attract attention. There's ALWAYS a faster car.

Of course, when it rains, everyone does 45. LOL.

Again, thanks for your help! He's relieved he won't likely lose his license.
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Old 01-24-2017, 08:57 AM
 
183 posts, read 240,920 times
Reputation: 56
We do 75 in the 70 MPH. zone coming into New Bern.Got to stay in the right lane or get run off of the road.Sometimes the troopers are out there .He got caught on a day they were.I guess I am lucky to miss them.I lived in Durham near RTP there are no speed limits .Nascar all day every day there.
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Old 01-25-2017, 11:58 AM
 
72 posts, read 59,143 times
Reputation: 107
I have said those exact words, that RDU has no actual speed limits. I feel like I440 is a disaster waiting to happen!

Yes, we were traveling on the Friday of New Year's, so I guess they had bumped up enforcement for the holiday. Unlucky for us. They were parked in a place where you couldn't see them until you were on them. We were in the right lane cruising along, not passing anyone, but we didn't notice that the people way ahead were braking. Boo. But the attorney was not really concerned about getting it argued down to a lesser charge. I hope he's right!
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Old 01-29-2017, 07:12 PM
 
Location: Eastern NC
19,501 posts, read 17,745,163 times
Reputation: 17299
As LLN said, there is no 70/55/70 in New Bern. Speed limit goes from 70 to 55 just before Glenburnie Rd and then down to 50 after the bridge then back up to 55 after the Speedmart gas station on the left. When you can see the city it is 55 then down to 50. Your husband was obviously not paying attention if he drove all the way to the bridge at 70 mph. There is no speed trap if you pay attention.
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