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Hello,
Charlotte, NC, Mecklenburg County
To start off I was coming back from a friends house, her family was holding a post Christmas gathering, and I was driving down I-485 outer at around 1:30 AM. Cop got me and I got clocked in at 94 in a 65. (I never asked to see the radar nor did I ever see how fast I was actually going) I don't ever speed like that but I was very tired and all I wanted to do was just get home and sleep. It was also late at night and there was no one else on the road, so the speed I was going at never really came to my attention. I have a clean record with no prior ticket. I am 20 years old, in school and working a part time job, I've only had my license since 2010.
I recieved a speeding ticket and a court date on the 31st of Januarary. The questions I have are:
1. What penalties am I possibly looking at (fines, revocation/suspension, jail time)?
2.Will hiring an attourny help my case, and is it worth the cost?
3. When speaking to the judge, or whomever, will I be given the opportunity to tell them is was my first offense, circumstances, etc.?
4. If so, will telling the judge I was tired, it was 1:30 AM, and there was no one on the road, make them more lenient?
5. Am I eligible for a Prayer for Judgment? (Provided that no one else in my household used one)
6. Does it make a difference that my speed was 94 and not 95?
This is my very first offense and I am actually a bit scared as to the penalties. I understand that I was be facing a criminal charge and I am prepared to pay any fines. If anyone can give me some insight, that would be fantastic.
Thanks!
You were going 19 mph over the posted speed limit. You're lucky the officer didn't take your license right then, and charge you with careless & reckless. Yeah, you're going to need an attorney. Driving late at night, etc will just be an excuse for the judge.
No offense, but you were going almost 30mph over the limit. You should definitely know when you are going that much over.
1) Yes, you very well could lose your license. Speeding 15mph over the limit when the limit is 55mph or more is grounds for suspension/revocation.
2) Yes, always hire an attorney. They may be able to get it reduced which will help insurance and may prevent your license from being suspended/revoked.
3) They will already know that it's your first offense. I got a no-left turn ticket a few years ago and ended up getting SIS as it was my first ticket. Basically means that you don't have to pay a fine or anything and the charge goes away after 12 months of no tickets. However, don't expect this as a 30mph over speeding ticket is a lot more serious than a left turn ticket.
4) I doubt it matters. I used that excuse with the left turn ticket and he said I still have a responsibility to be an alert driver and should have been paying attention to the sign.
5) Not sure about that.
6) Probably not. It's still 15mph over.
In all honesty, I'm really surprised that the cop wasn't nicer and only give you like 14mph over or something. He may have been pissed that you were going so fast.
Last edited by attrapereves; 12-28-2013 at 09:18 AM..
You already committed the offense so don't listen to those who tell you should not have been speeding, you already know that. There is nothing you can do about what already happened.
The only smart thing you can do is hire an attorney. I am sure one will be contacting you shortly.
The attorney will charge you approximately what the fine will cost but if he/she is successful you will probably get no points or suspension. I said probably.
You were going 19 mph over the posted speed limit. You're lucky the officer didn't take your license right then, and charge you with careless & reckless. Yeah, you're going to need an attorney. Driving late at night, etc will just be an excuse for the judge.
Yah, I was going 29 over, not 19. I never ever drive that fast, but I zoned out a little bit on my way home. I was pleasant and polite to the officer and he was nice back; He didn't seem agitated at all. I read it does matter that it's not 30 mph, otherwise that would be considered reckless driving in NC? If I hire an attorney, what do you think the chances are of them lowering my charge to such a degree? Also, if the cop doesn't show up, does that mean I would be able to plead not guilty and get away clean, if that were to happen?
I know I should have been paying attention to my speed, and I was by no means, trying to go that fast.
Thanks for the advice folks.
Yah, I was going 29 over, not 19. I never ever drive that fast, but I zoned out a little bit on my way home. I was pleasant and polite to the officer and he was nice back; He didn't seem agitated at all. I read it does matter that it's not 30 mph, otherwise that would be considered reckless driving in NC? If I hire an attorney, what do you think the chances are of them lowering my charge to such a degree? Also, if the cop doesn't show up, does that mean I would be able to plead not guilty and get away clean, if that were to happen?
I know I should have been paying attention to my speed, and I was by no means, trying to go that fast.
Thanks for the advice folks.
A good attorney should be able to get the speed lowered. Give a few places a call on Monday.
In my experience at traffic court, you approach the judge and plead guilty or not guilty. If you plead guilty, he will assign you a fine or some other sentence. If you plead not guilty, you will be assigned another court date where you will have your attorney and the officer present. If the officer does not show up to this court date, the charge is usually thrown out.
Get in contact with a traffic attorney. Expect to spend between 200 and 300 bucks.
You should have a mailbox full of letters from lawyers in a few days promising to make it all go away, for a fee of course.
Wife had a minor fender bender where a guy pulled into the side of her van, which is registered in my name. I got letters from lawyers for weeks. Think the final tally was about 18 - 20 offers to represent me.
You should have a mailbox full of letters from lawyers in a few days promising to make it all go away, for a fee of course.
Wife had a minor fender bender where a guy pulled into the side of her van, which is registered in my name. I got letters from lawyers for weeks. Think the final tally was about 18 - 20 offers to represent me.
Most attorney offices have people hired to look through court records and mail out those letters.
I wonder if the laws vary depending on the state. When I got a ticket here in MO, I never received any. When I got a ticket in NC, I got around 5.
This is my first time with something like this, and my first time needing an attorney. I plan on hiring one in the coming month. Is there something I should be looking for in particular when picking an attorney?
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