I got hit with the "Move-over" law ticket and... (Raleigh: foreclosure, inspection)

[Mikeheel]

Originally Posted by southernlady5464

You want to explain this in ENGLISH?????????? Liz

PJC stands for "Prayer for Judgment, Continued." The rule with PJC (and it is PJC rather than PFC), is simply:

1. A PJC is a conviction that does not count, but it can come back later under certain circumstances. Consider it akin to a probationary time for good behavior. A PJC prevents points from being assigned to your license or insurance (those are seperate point scales in NC). A judgment is entered against you (you are found guilty or responsible), but the judgment is "continued" - or delayed - if you comply with the conditions of the order. The conditions are that you pay court costs and fines, and that you don't you don't get another PJC w/in a set time frame (see below). After the time frame is over, the judgment can't come back.
2. You get one PJC per household every three years for insurance purposes. A subsequent PJC by any household member w/in 3 yrs from the date of entry for the PJC (not date of offense, but date of the court judgment) voids both PJCs for insurance purposes. This simply means you get insurance points for both tickets at that point. The proverbial double whammy.
3. You get two PJCs per household every 5 years for DMV purposes. However, DMV really doesn't enforce this issue. The real concern w/PJCs is insurance, not license issues.

I haven't practiced traffic law in about 7 years, so I'm not sure exactly how the new Move Over law impacts insurance premiums. I presume it falls under the catch-all of "any other moving violation," which would mean it would raise base liability rates by 25-45%, in addition to the court costs and fines; but they may have made a special rule for it. If so, it may be as much as a 90% increase (which would be the same as Careless & Reckless). I suspect it is either 25% or 45%.

As an aside, this law saves lives - period. It's primarily about protecting police officers, emergency workers, and DOT employees from idiots on the road who don't have the common sense to give sufficient room to stopped vehicles. I'm not calling the original poster an idiot; I'm just talking about the general intent of the law. The number of times people hit officers is really absurd. Even more often, though, people hit the emergency vehicle. We have too many idiots on the road who are more concerned with getting somewhere 10 seconds faster than with driving safely.

The law was highly publicized when it passed. It was all over the news for a week. And, it's just common sense and decency. You will not find any judge out there offering mercy on this b/c someone says they didn't know about it.

Assuming it is a violation that gives insurance points, I would strongly suggest hiring an attorney. Feel free PM me, and I can offer suggestions of folks who handle pretty much every county. I help accident victims now, but I still have a lot of friends who still handle traffic tickets and can point you toward a good traffic lawyer.

fwiw,
Mike

[jandcinnc]

Even if this was not a law, the key is Move over OR slow down. There is absolutely no excuse for not being able to slow down when anyone is standing on the side of the road, especially when a vehicle is equipped with lights & sirens! NC has thankfully taking an interest in protecting a group of it's citizens - the emergency personnel - who care for the other citizens.

As for the person who posted about the out of town friend - I find it hard to believe your "dislike" for the local law enforcement will play a factor if God forbid, your call to 911 to protect your family or friends ever is needed. Remember, all emergency personnel are human - you deal with the good, the bad, and the ugly. No matter what, when they put that uniform on, they become a target - for distracted drivers, for violent criminals, and most of all for the indifference of those they have sworn to protect - 24 / 7 / 365.

For the record, not a cop, proud daughter of one.

[ChipL]

I agree, it is common sense to not go 60 miles an hour by someone standing two feet away from the side of the road. I wouldn't go 3 miles an hour with my son standing two feet away from the car.
It is also the driver's responsibility to know the situation on the road. If the driver is going too fast to see what is coming up, and not prepared to stop if there is something wrong, they are asking for a problem. If a deer runs across the road, it is not the deers fault you hit it, it is yours. If you come to a rise in the road, and see someone standing there it is your responsibility to slow down! Why would that be different for a policeman? because they are used to it? because they can handle it?
No, the law makes sense. You don't need to move over if you can't, but you don't need to put people in danger because you're in a hurry either.
I honestly didn't know it was a law, I always thought it was just common sense.

[sfalady]

I got stopped in AZ on my way to NC.. I had NV plates and the police says "you might not know about this law BECAUSE we just passed it here in AZ about a month ago " My brain is thinking well duhhh !.
He was cool though he just gave me a warning ,then went on down the road to stop another person who had passed us on the wrong side..

[DownTownDurham]

Same thing happened to moi. Driving on I-540, the moment I went under the 70 there was a man with a funny hat sitting in a car with 20 lights on about 25 feet away from the highway. Seriously, 25 feet. Allllllllll the way park in the field. He pulled me over and gave me a pink post card. Saying: "Next time move over."

Sure I said. I will next time. BUT...

a) I'm new to the area and I'm very well aware of the fact that not knowing a particular law is not an excuse for breaking it.
b) I couldn't pulled over, there was two trucks passing me (also illegal),
c) I'm very polite (addressing him as Sergeant, I know their ranks and they like that)
d) 25 feet away from the highway? I only notice you the moment I went under the 70. Even if I knew it's the law here, I didn't have time to pull out of my line.

Outcome? Here's a pink post card for ya'all.

Fine plus fee for a professional leech $1,800.

The leech went to court twice and twice the man with the funny hat (aka Sergeant with a very high IQ) was not present for the hearings. I got the PJC-thing too. Whatever...

[SunnyKayak]

Originally Posted by DownTownDurham

Same thing happened to moi. Driving on I-540, the moment I went under the 70 there was a man with a funny hat sitting in a car with 20 lights on about 25 feet away from the highway. Seriously, 25 feet. Allllllllll the way park in the field. He pulled me over and gave me a pink post card. Saying you should move over next time.

Sure I said. I will next time. BUT...

a) I'm new to the area and I'm very well aware of the fact that not knowing a particular law is not an excuse for breaking it.
b) I couldn't pulled over, there was two trucks passing me (also illegal),
c) I'm very polite (addressing him as Sergeant, I know their ranks and they like that)
d) 25 feet away from the highway? I only notice you the moment I went under the 70. Even if I knew it's the law here, I didn't have time to pull out of my line.

Outcome? Here's a pink post card for ya'all.

Fine plus fee for a professional leech $1,800.

The leech went to court twice and twice the man with the funny hat (aka Sergeant with a very high IQ) was not present for the hearings. I got the PJC-thing too. Whatever...

It is your respobility to understand the laws of the states you are driving into or in. Same thing for driving into another country same thing applies.

Driving is a priviledge not a right

[steve54]

Originally Posted by jbognar

I don't like cops because of the tactics they use. In my friends case, she should have been given a warning, since she had never even heard of this law, and shouldn't have been expected to given she was from Illinois. But instead, she was shown no leniency because the cops are trying to 'send a message'.

And I don't like the law because it didn't allow for warnings for out-of-staters. And I'm fighting it by expressing my dislike of it on this message board!!!

Ignorance of the law is no excuse , Its a little like complaining about being hit with a ticket in states where cell phone usage is illegal or speed detectors - it's the drivers responsibility at the end of the day

[steve54]

Originally Posted by salerno50

I couldn't help it! I didn't see the officer pulled over because I was cresting a slight incline on I40 ramp (merging on to I40 from Edwards Mill) into heavy traffic (so I couldn't get over either, once I got to him). The cop finished the guy he had pulled over and then pulled me. Clocked me at 60mph going past him.

I did a PFJ last year and now risk getting screwed royally.

ANY suggestions would really help...

Wake County does not reduce tickets to 'improper equipment ' If you go to court be prepared for a long day but the up side is that they will probably offer a reduced charge of some description

[steve54]

Originally Posted by jbognar

I don't buy that. How are you expected to know every nuance of laws in every single state that you drive in, especially when those laws conflict with each other? If you drove through Illinois, and they just enacted an obscure law that you never heard of, would you be perfectly fine with it if you got a ticket?

THAT'S WHAT WARNINGS ARE FOR!!!!

Perhaps they should start requiring written drivers license tests at the border!

Warnings are not for people who are unaware of existing laws, they are for situations where there is an absence of clear cut substantive evidence

[ncbldr]

YOu can not beat this ticket. Even if you talk to a lawer they will tell you so sorry better to been drunk. the fine is $360.oo. and can NOT be barganed down. no pfj this law i found out is not just for cops it is for any emergency vehicle including tow trucks. and for the poster above the judge told me that slowing down does not count!!! it is also one point on your lic.