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Old 03-02-2012, 09:16 AM
 
Location: Cary
521 posts, read 1,596,850 times
Reputation: 810

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Quote:
Originally Posted by Sherifftruman View Post
Second, I still submit you would be crazy to try to deal with 21 over by yourself. 15 or so, I can see them working with you to get 9 over, but over 20 and they are going to be much less cooperative.
Yeah, this thread is getting a little mixed up between the initial poster who had 15 over and the more recent follow-up poster who had 21 over. Handling it yourself is a good bet for the former, but not for the latter.
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Old 03-02-2012, 10:25 AM
 
Location: Durham, NC
381 posts, read 1,324,120 times
Reputation: 231
Salster19, unlike VA, we don't have a speed that is suddenly C&R. 15 over will raise your base liability rate by 40%. You can almost certainly get it reduced to 9 over (64 in a 55) with or without an attorney. If you have a clean record the past three years, this will not give you any insurance points, although it will put 3 points on your license. If you have two convictions within a 1-year period for going over 55mph, your license will be suspended. Depending on the county, you may also be able to have the ticket reduced to an Improper Equipment (Wake will not do this, but Granville would). An IE never shows up at DMV or your insurance carrier and has no future impact. I do not believe Granville requires an attorney in order for you to get an IE, but it helps. You would need a certified copy of your transcript if you do it yourself.

rb79, you did exactly the right thing in that situation, unless you just wanted someone else to stand in for you. However, DMV is supposed to record that as 2 points on your driving record. DMV record and insurance record are separate and distinct from one another.

hi2satish, that depends a lot on your record and the county. Note, a conviction for more than 15 over the speed limit and going in excess of 55mph will result in an automatic suspension of your license by DMV, but no one at the courthouse will know to tell you this information. The local DA has full authority on how they handle tickets. Generally speaking, you will not get down to a 9 over if you are more than 15 or 16 over the speed limit. In that case, a lawyer is a good idea and may be able to bundle a plea (maybe 9 over and an IE), so you pay two fines but get no insurance and keep your license. At 21 over, definitely hire an attorney.

OldMortgageGuy, no traffic attorney charges anything remotely close to $300 per hour. In fact, traffic ticket fees are based on the ticket and the work necessary; it's not an hourly fee at all. Handling the ticket yourself is often a perfectly fine idea if you have a clean record for at least the past three years and the ticket is just an infraction (speeding 15 or less over the speed limit). But getting beyond that is not a good idea. The issue is not how the court treats it, b/c they don't care and won't even know the legal and insurance impact on the individual. The issue is how it's treated by DMV or viewed by insurance carriers. DAs and judges routinely give poor advice on traffic tickets simply b/c they don't know the backend; they only know the court process.

saturnfan, that's not exactly accurate. You don't have to present yourself as an attorney to engage in the unauthorized practice of law. Now, there is a distinction between sharing an opinion or personal experience vs trying to apply the law to the facts of a situation and then giving advice. Fortunately, that's a pretty large safe-haven for many conversations like this.

Mike

Disclaimer - I am an attorney and have handled thousands of traffic tickets in the Triangle during my career, but neither I nor anyone else in my firm handle traffic tickets at this point. Feel free to DM me if you want a personal referral to a good traffic attorney.
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Old 03-02-2012, 03:53 PM
 
Location: Raleigh-Durham/Triangle
376 posts, read 1,060,269 times
Reputation: 217
I'd say 30 mph over freeway speeds here *might* get you a ticket. I see cars driving 80-85 Mph all the time and never get stopped.
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Old 03-02-2012, 06:04 PM
 
451 posts, read 1,155,888 times
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Quote:
Originally Posted by Dark of the Moon View Post
What's shocking, IMHO, is someone ASKING for legal advice on an internet forum full of strangers. But that's just me ..... <*shrug*>
Off topic, please answer the OP's question or refrain from posting
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Old 03-02-2012, 08:41 PM
 
Location: Durham
1,032 posts, read 3,913,603 times
Reputation: 1312
Quote:
Originally Posted by Sherifftruman View Post
Good summary overall, but I have two counterpoints. Since you have to pay court costs, which were $125 last I checked and probably more now, you are really only paying an additional $125-$175 to get a lawyer, which makes the payback better.
I don't follow? You're going to pay court costs either way if you make a deal - lawyer or not. The lawyer isn't going to eat that fine. Now if you plead "not guilty"; (which I am a huge advocate of btw) you don't have to pay court costs if you win, but that's a whole different scenario.

Quote:
Second, I still submit you would be crazy to try to deal with 21 over by yourself. 15 or so, I can see them working with you to get 9 over, but over 20 and they are going to be much less cooperative.
You'd think so, and a lot of this probably works better if you've got a clean driving record anyway, but if you hang around and pay attention to some of the cases that you'll hear on any given day, 21 over is almost like...littering. Not quite, but almost.

For example, I can't BELIEVE how many DUI/DWI cases I saw in a single day! It's 2012 and there are people who evidently missed the memo about drunk driving. All ages, races and backgrounds.

My argument comes just from watching the lawyers I saw when I spent a few days watching traffic court for fun. Believe me when I say these guys (and gals) are not putting on gallant displays of legal argument - they have no magic mojo that they're going to use, at least on a speeding ticket, and they never plead not guilty. It's wham-bam-thank-you-ma'am stuff. They are familiar with the ADA's and maybe know a little better what will fly, but that's it.
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Old 03-02-2012, 08:47 PM
 
35,095 posts, read 51,109,197 times
Reputation: 62664
Quote:
Originally Posted by SalSter19 View Post
Yesterday I was on I-85 in Henderson near US-1 headed back to Raleigh. I got pull over by a state highway patrol officer for doing 70 in a 55. Is this considred reckless driving in NC? Should I get a lawyer and go to court or pay the $151 fine? Any advice would be greatly appreciated=)

Anything over the legal posted speed limit unless driving is hindered for adverse weather conditions in which case one should drive under the legal posted speed limit for safety reasons.
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Old 03-03-2012, 04:40 AM
 
Location: Morrisville, NC
9,141 posts, read 14,717,969 times
Reputation: 9054
Quote:
Originally Posted by arsbadmojo View Post
I don't follow? You're going to pay court costs either way if you make a deal - lawyer or not. The lawyer isn't going to eat that fine. Now if you plead "not guilty"; (which I am a huge advocate of btw) you don't have to pay court costs if you win, but that's a whole different scenario.


Actually, the three or four times either my wife or I have used an attorney for speeding tickets over the last 15 years, the fee they charge, does include the court costs. Maybe the previous poster who handled cases like this could chime in, but that's my experience. It is cheaper than most people think and I imagine the firms doing this count on handling several cases a day to make money.
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Old 03-03-2012, 09:44 AM
 
Location: Durham, NC
381 posts, read 1,324,120 times
Reputation: 231
Fines are so standardized for most speeds that many firms quote a "turn-key" price that includes their fee, court costs, and fine. I've seen the attorney fee portion as low as $75 in recent years, which is significantly below anything I ever charged for other than registration violation or NOL charge.
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