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Old 01-16-2011, 05:54 PM
 
10 posts, read 51,077 times
Reputation: 28

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I got a ticket Friday for driving 85 in a 55 zone and reckless driving in davidson county, NC. I did not have the radio on, I was not on my phone and I had my two year old daughter in the car. I was on my way to drop her off at preschool and I was on my way to work. I was simply not paying attention to my speed (I don't have cruise control). I was on business 85 which is an easy rd to speed on I hear. I really did not know I was speeding; I had a 1,000 things on my mind...I just started a new teaching job as a middle grades math teacher, my daughter just started preschool, we just moved, I have many bills to pay and student loans to pay back soon in addition to being a single parent and having all of the everyday chores to do at home....
Having said all of that, I have never had a speeding ticket, I have a clean record, I am a teacher, I have had my license for almost 7 years (march will be 7 years) and not one ticket, I am a single parent with little mobile family in the area. I would like to know what to expect from this ticket. I do plan on hiring a lawyer because I realize that if I am convicted of these charges I will have my license suspended for 60 days, have 7 points on my license, have my insurance rates skyrocket (which I can't afford) and I guess have a misdemeanor on my criminal record (and I am a teacher...it is my passion, and it is important for my record to stay clean).
I know I broke the law, but I did not intentionally speed and much less intentionally go 30 mph over the speed limit with my little angel in the car and I certainly did not intentionally endanger my child, others or myself. I realize that the speed was very dangerous, but I don't feel that I deserve to have a criminal record or have my license suspended for a first offense and mind you, I rarely speed...this time, I just wasn't paying attention.
I will say that I have paid very close attention to my speed since then and I am very sorry that I broke the law and endangered my child and others.
Please give me some advice on what can be done and what to expect in the davidson county court system. Again, I am hiring a lawyer to help with this. Thanks for your input!

Last edited by mncoates; 01-16-2011 at 06:03 PM..
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Old 01-16-2011, 06:34 PM
 
Location: Raleigh, NC
10,396 posts, read 19,411,944 times
Reputation: 11278
Sorry, but you're not going to get much sympathy from me for going 85 in a 55, especially with a child in the car.
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Old 01-16-2011, 06:50 PM
 
10 posts, read 51,077 times
Reputation: 28
I don't want sympathy, I just want to know what can be done, thank you very much! Not like you or any other normal person hasn't paid attention to what they are doing at some point and time in their life and made a stupid mistake. Please, tell me what it is like to be perfect...thanks
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Old 01-16-2011, 07:04 PM
 
10 posts, read 51,077 times
Reputation: 28
"I know I broke the law, but I did not intentionally speed and much less intentionally go 30 mph over the speed limit with my little angel in the car and I certainly did not intentionally endanger my child, others or myself. I realize that the speed was very dangerous"

If you will learn to read....this is clearly not a "cop out". I admitted guilt and am very sorry. Remember, I asked for advice on what can be done about the legal situation and what I can expect. If all you have to say are your own personal opinions about my "parenting" and morals, then keep it to your self! I love my daughter very much and managed to finsh college giving birth to her while in college and raised her on my own for 2 years while I was in college. I graduated cumlaude (yes, I know it is two words, but it is being viewed as a dirty word here), found a job, a good neighborhood and I did all of this for her because it is what it best for her! Don't you dare accuse me of not caring about my child!!! I made a stupid mistake and did not pay attention to my speed, as if none of you have ever had a 1,000 things on your mind or never made a mistake or had bad judgement! Again, please tell me what it is like to be perfect, and if you can't (bc you aren't....only Jesus was), then SHUT YOUR MOUTH!

Last edited by mncoates; 01-16-2011 at 07:05 PM.. Reason: latin word "***"
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Old 01-16-2011, 09:36 PM
 
Location: Winston-Salem, NC
1,255 posts, read 2,102,900 times
Reputation: 624
Contact an attorney.
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Old 01-16-2011, 09:56 PM
 
12,577 posts, read 13,300,457 times
Reputation: 8896
My worse speeding offense was 70 in a 55mph zone that was reduced to 9 over the limit. Cost me $300 back in '88. With a clean driving record, not being an a**hole to the cop an attorney should be able to get it reduced to not affect your insurance or get points on your license. Only an attorney can tell you for certain. And be ready to make a stiff, but worthy, contribution to the school systems.
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Old 01-17-2011, 07:38 AM
 
10 posts, read 51,077 times
Reputation: 28
Thank you! I will be getting a nice stipend for new teachers and plan on using it to pay for what I need to. I know the school systems need money (esp davidson county...they are the least funded county in the state) so I have no problem with that. Again, thank you!
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Old 01-17-2011, 08:02 AM
 
Location: North Carolina
20 posts, read 130,441 times
Reputation: 43
mncoates - I am an attorney, and I practice criminal defense and traffic ticket defense. You seem to be doing everything right up to this point. You know exactly how many insurance points you would receive from these charges, and you know exactly how long your driver's license would be suspended. Many people are only aware that a general increase in their insurance will occur, and don't educate themselves on the specific consequences related to the suspension of their driver's license.

You have an interesting case, from a plea agreement standpoint. On the one hand, having your child in the car really hurts your case, as a District Attorney may judge you on that fact and not give you a favorable plea deal. On the other hand, a lot of District Attorneys will give quite favorable reductions/dismissals to (1) first time offenders and (2) teachers. Adding that you are a single working mom, unfamiliar with the area, etc., your attorney will have some sympathetic information to offer to the District Attorney to work out a plea agreement (nobody wants to take away the driver's license from a single mom working as a teacher (and living on a teacher's salary).

At an absolute minimum, your attorney should be able to negotiate a plea agreement whereby you are able to keep your driver's license. Further, your attorney should typically be able to get one of the charges dismissed in exchange for a guilty plea to a reduced version of the remaining charge (e.g., dismiss the reckless driving, and reduce the speeding charge to 14 mph (or less) over).

Some of the tactics your attorney should be using to get you a favorable outcome is offering the following: (a) community service, (b) attending a driver improvement school, (c) paying a higher fine or (d) agreeing to some alternative that the District Attorney offers. Basically, by arguing your sympathy factors (first traffic citation, single working mom, teacher, unfamiliar with the area) and offering to do community service/driving school/increased fine/etc., your attorney should be able to get you a good outcome to this charge.

Because you are hiring an attorney to handle your charges, you should definitely ask him or her these questions too (your attorney will be reluctant to predict an outcome, but he or she will at least run you through different potential outcomes). Also, your attorney's ability to negotiate a favorable plea is heavily dependent on the customs of the local courthouse (e.g., for some charges the DA's office won't negotiate...it's either plead guilty or have a trial).

Good luck, and let me know if you have any specific questions.

Last edited by SunnyKayak; 01-18-2011 at 10:29 PM..
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Old 01-17-2011, 08:24 AM
 
12,577 posts, read 13,300,457 times
Reputation: 8896
Quote:
Originally Posted by tkreger View Post
mncoates - I am an attorney, and I practice criminal defense and traffic ticket defense. You seem to be doing everything right up to this point. You know exactly how many insurance points you would receive from these charges, and you know exactly how long your driver's license would be suspended. Many people are only aware that a general increase in their insurance will occur, and don't educate themselves on the specific consequences related to the suspension of their driver's license.

You have an interesting case, from a plea agreement standpoint. On the one hand, having your child in the car really hurts your case, as a District Attorney may judge you on that fact and not give you a favorable plea deal. On the other hand, a lot of District Attorneys will give quite favorable reductions/dismissals to (1) first time offenders and (2) teachers. Adding that you are a single working mom, unfamiliar with the area, etc., your attorney will have some sympathetic information to offer to the District Attorney to work out a plea agreement (nobody wants to take away the driver's license from a single mom working as a teacher (and living on a teacher's salary).

At an absolute minimum, your attorney should be able to negotiate a plea agreement whereby you are able to keep your driver's license. Further, your attorney should typically be able to get one of the charges dismissed in exchange for a guilty plea to a reduced version of the remaining charge (e.g., dismiss the reckless driving, and reduce the speeding charge to 14 mph (or less) over).

Some of the tactics your attorney should be using to get you a favorable outcome is offering the following: (a) community service, (b) attending a driver improvement school, (c) paying a higher fine or (d) agreeing to some alternative that the District Attorney offers. Basically, by arguing your sympathy factors (first traffic citation, single working mom, teacher, unfamiliar with the area) and offering to do community service/driving school/increased fine/etc., your attorney should be able to get you a good outcome to this charge.

Because you are hiring an attorney to handle your charges, you should definitely ask him or her these questions too (your attorney will be reluctant to predict an outcome, but he or she will at least run you through different potential outcomes). Also, your attorney's ability to negotiate a favorable plea is heavily dependent on the customs of the local courthouse (e.g., for some charges the DA's office won't negotiate...it's either plead guilty or have a trial).

Good luck, and let me know if you have any specific questions.
tkreger:
Would you mind answering me question(s) about an accident I was in last week?
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Old 01-17-2011, 08:35 AM
 
Location: North Carolina
20 posts, read 130,441 times
Reputation: 43
Quote:
Originally Posted by WFW&P View Post
tkreger:
Would you mind answering me question(s) about an accident I was in last week?
No, I don't mind answering your questions. I can answer your questions here, or, if you have information you'd rather not post to the public forum, feel free to message me or email me.
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