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I realize there are numerous threads on here regarding speeding tickets, but haven't found one (at least a recent one) with my situation.
I was pulled yesterday--speeding 15 over in a school zone (40 in a 25). It's on a divided highway that's normally posted at 45 MPH and it snuck up on me. My fault. Due to my driving record (no citations in NC in over 11 years), the officer went ahead and reduced it to 9 over, with no indication I was in a school zone, told me to slow down and sent me on my way.
From what I've read, 9 over is the "sweet spot" most people want to get to, and I'm already there. Is it worth hiring an attorney to try to get it further reduced to improper equipment? My understanding is that while I'll get DMV points for this, I won't receive insurance points. I'm not required to have a clean driving record for work or anything.
The attorney I spoke with charges $100 up front and there are still court costs too--the total cost on the ticket is $203 that I don't mind paying.
I realize there are numerous threads on here regarding speeding tickets, but haven't found one (at least a recent one) with my situation.
I was pulled yesterday--speeding 15 over in a school zone (40 in a 25). It's on a divided highway that's normally posted at 45 MPH and it snuck up on me. My fault. Due to my driving record (no citations in NC in over 11 years), the officer went ahead and reduced it to 9 over, with no indication I was in a school zone, told me to slow down and sent me on my way.
From what I've read, 9 over is the "sweet spot" most people want to get to, and I'm already there. Is it worth hiring an attorney to try to get it further reduced to improper equipment? My understanding is that while I'll get DMV points for this, I won't receive insurance points. I'm not required to have a clean driving record for work or anything.
The attorney I spoke with charges $100 up front and there are still court costs too--the total cost on the ticket is $203 that I don't mind paying.
Any thoughts?
3 options:
1. Use PJC and get it wiped off, but if you get another ticket that charge will come back and stay on your record as well as the new charge.
Here's a chart for insurance points from the NC Dept. of Insurance. I don't know that it means you won't receive any insurance points or rate increase at 9 mph over versus 15, but at worst case, you wouldn't receive quite as much of a rate increase that you would at 15 mph over the speed limit (30% increase in insurance rates for next 3 years versus 45% increase).
Here's a chart for insurance points from the NC Dept. of Insurance. I don't know that it means you won't receive any insurance points or rate increase at 9 mph over versus 15, but at worst case, you wouldn't receive quite as much of a rate increase that you would at 15 mph over the speed limit (30% increase in insurance rates for next 3 years versus 45% increase).
You can check with an attorney and/or your insurance agent to confirm what applies to you though.
Thanks for the link, Jowel! According to the box at the bottom, I'll receive zero insurance points since I wasn't cited for speeding in a school zone and it's my only occurrence in the past "experience period," which is the past 3 years. I've always heard to NEVER just pay it, but the way things are aligned I must just do it--I don't see any real ill-effect.
Thanks for the link, Jowel! According to the box at the bottom, I'll receive zero insurance points since I wasn't cited for speeding in a school zone and it's my only occurrence in the past "experience period," which is the past 3 years. I've always heard to NEVER just pay it, but the way things are aligned I must just do it--I don't see any real ill-effect.
Don't just pay it. That means you plead guilty and exempts you from a lesser charge and if you are fined in the future, that won't look good on your record. If this is the your first time, just got to court and fight it yourself. Save yourself the lawyer fee.
Hiring a lawyer is a waste. They charge anywhere from $350 + court fees. I recommend just go to the court and accept your fault and see if they will reduce the charge or remove it. PJC is another option as well. But why would you have to pay a lawyer to do this? The cost of insurance to raise might turn out to be cheaper than a lawyer + court fees.
3. When your time comes, speak with the Assistant District Attorney who calls you up
4. Be very apologetic, accept your mistake, and ask for dismissal due to your clean driving record
--A) Dismissal is accepted, goto #8
--B) Dismissal is refused, goto #5
5. Ask for prayer for judgement
--A) PFJ is accepted, goto #8
--B) PFJ is refused, goto #6
6. Ask for continuance so you can hire proper legal representation
--A) Asst. District Attorney is by now tired of you and wants you out so they dismiss case cause you're a headache and they got 100 more cases to get to before lunch time, goto #8
--B) Asst. District Attorney agrees to continuance, goto #7
7. Hire a lawyer and have them reduce it to improper equipment (you will pay fine + court costs, but no insurance or DL points)
3. When your time comes, speak with the Assistant District Attorney who calls you up
4. Be very apologetic, accept your mistake, and ask for dismissal due to your clean driving record
--A) Dismissal is accepted, goto #8
--B) Dismissal is refused, goto #5
5. Ask for prayer for judgement
--A) PFJ is accepted, goto #8
--B) PFJ is refused, goto #6
6. Ask for continuance so you can hire proper legal representation
--A) Asst. District Attorney is by now tired of you and wants you out so they dismiss case cause you're a headache and they got 100 more cases to get to before lunch time, goto #8
--B) Asst. District Attorney agrees to continuance, goto #7
7. Hire a lawyer and have them reduce it to improper equipment (you will pay fine + court costs, but no insurance or DL points)
8. Enjoy rest of your day
This is a great post. I also went to court to represent myself for a PFJ years and years ago, when I was a newbie to the state and got caught in that speed trap on 70 outside Kinston where it temporarily drops to 55 mph. If you have a clean record and also - this is key - are committed to keeping a safe and clean record for a minimum a year after that (no spending whatsoever), it's pretty basic and easy to do.
Wouldn't have thought to ask for a dismissal though, with a clean record. Good points here.
3. When your time comes, speak with the Assistant District Attorney who calls you up
4. Be very apologetic, accept your mistake, and ask for dismissal due to your clean driving record
--A) Dismissal is accepted, goto #8
--B) Dismissal is refused, goto #5
5. Ask for prayer for judgement
--A) PFJ is accepted, goto #8
--B) PFJ is refused, goto #6
6. Ask for continuance so you can hire proper legal representation
--A) Asst. District Attorney is by now tired of you and wants you out so they dismiss case cause you're a headache and they got 100 more cases to get to before lunch time, goto #8
--B) Asst. District Attorney agrees to continuance, goto #7
7. Hire a lawyer and have them reduce it to improper equipment (you will pay fine + court costs, but no insurance or DL points)
8. Enjoy rest of your day
Archived, thank you for your (extremely) helpful post! I'm sure it will help many others in the future.
The more I've thought about it, I guess I have little to lose going in person and asking for a dismissal. Although I haven't had a citation in years (I've ordered a certified copy of my driving record to take with me), I've been hesitant about a PFJ since I have a heavy lead foot (not an excuse, I know) and if I get cited again. I'll take it if that's what's offered, though.
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