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The "improper equipment" is directed at the cop's equipment. Their detectors are supposed to be re calibrated every month and if it wasn't done, the attorney will say it was "improper equipment".
Ahhh, that makes sense. But you're right the radars have to be calibrated once a month. I would think it would be a very slim chance that the calibration isn't up to date. Why would the LEO even run radar if the person they ticket could get off so easily on a technicality.
In before you get flamed by the "you were speeding and you deserved it crowd"... oh wait, too late. Seriously when will these people get off their high horse, sometimes the rules are manipulated for the specific purpose of generating income, or signage is poorly posted etc. Go to court, get a lawyer etc blah blah blah. A high percentage of people that take that route are granted a prayer for judgment so long as they have a reasonably clean record. I'd love to see the "speeders are the devil" people's reaction if they ever get caught in a momentary lapse - I'm certain they would be thrilled to receive a ticket and clearly acknowledge that they deserve it (sarcasm).
GL OP
THANK YOU. Rep points are a-comin' your way! I absolutely CAN'T STAND fake "perfect" people who say stupid crap like this. That is absolutely the LAST thing somebody wants to hear when they are going through something such as this. SMH.
The last ticket I got DEFINITELY was a "trap", there were NO "reduce speed ahead" signs, and it's all a money-making scheme, just like red-light cameras.
Ahhh, that makes sense. But you're right the radars have to be calibrated once a month. I would think it would be a very slim chance that the calibration isn't up to date. Why would the LEO even run radar if the person they ticket could get off so easily on a technicality.
When I got my ticket (in Creedmoor), the cop told me, at that time, to just send in the payment for the ticket and that was all I had to do.
According to the attorney, that is the worst thing to do because your insurance goes up. So...do you pay the attorney once or do you pay your raised insurance rate for the next 3 years?
I admit I was speeding and I admitted it to the cop. Like I said, I wasn't paying attention.
But...the attorney says...they don't calibrate the radar guns very often so it is an "easy" technicality. I guess they hope that many folks just pay the ticket and don't hire an attorney.
@Mr. Attorney: What exactly would be consider on the vehicle as "improper equipment"? I know that trick used to work 10 years ago when people actually had cars that used gear-driven speedometers but now all vehicle's speedometers are electronic and driven off the car's computer.
I'm trying to think what exactly would be considered improper? Wrong size tires without calibrating the speedometer? Owner should be cited for odometer fraud.
I don't know. You got me on that one. I just can't think of what would be "improper equipment". For some strange reason I think it has to do with a trick of scamming the justice system all for the mighty dollar. But that's just me.
Get caught speeding? You're guilty. The cop's not going to lie about it. You weren't tricked into speeding. Nobody forced you into speeding. So pay the fine and quit scamming the system.
Many municipalities and local governments use "speeding" as a means of raising revenue, and nothing else.
Last edited by Green Irish Eyes; 01-23-2011 at 05:49 PM..
Reason: Please discuss the topic, not each other.
Many municipalities and local governments use "speeding" as a means of raising revenue, and nothing else.
Wake Forest is notorious for this or at least it has been my experience. I don't speed so have never gotten a ticket ever much less here in WF. However, where I live there have been several instances where 911 was called for urgent situations and it took the police over 20 minutes to respond because they were on a "traffic stop".
In one particular situation an individual was outside threatening to kill a tenant and when they finally did show up, even though there were five independent witnesses, the police did absolutely nothing but inform the victim they would need to drive to downtown Raleigh and go before a magistrate. The police would not even trespass the individual from the property because "they didn't see it".
@Mr. Attorney: What exactly would be consider on the vehicle as "improper equipment"? I know that trick used to work 10 years ago when people actually had cars that used gear-driven speedometers but now all vehicle's speedometers are electronic and driven off the car's computer.
I'm trying to think what exactly would be considered improper? Wrong size tires without calibrating the speedometer? Owner should be cited for odometer fraud.
I don't know. You got me on that one. I just can't think of what would be "improper equipment". For some strange reason I think it has to do with a trick of scamming the justice system all for the mighty dollar. But that's just me.
Get caught speeding? You're guilty. The cop's not going to lie about it. You weren't tricked into speeding. Nobody forced you into speeding. So pay the fine and quit scamming the system.
Not a lawyer but : There are still many cars on the road that have a gear driven speedometer and sometimes improper equipment is not a "trick". Also "Odometer fraud" refers to KNOWINGLY selling a car that does not display the correct mileage on the odometer without informing the buyer that "true miles are not displayed" or rolling back the odometer so that the car shows less miles than are actually on the car and not informing the buyer. Many things can go wrong with "computerized" speedometers such as bad sensors loose wiring ect. It's proven that "computerized" speedometers are off by as much as 1 mile an hour FROM THE FACTORY. AS for the cops.... I would say that 75 to 80% are good folks who do their jobs and deserve heaps of praise for putting their lives on the line to keep us safe however there are allot out there that DO TRICK folks. I travel us1 between Henderson and Raleigh frequently and I have seen many tricks. One time I was on my way home and I had a cop attempt to get me to race him 3 time when I paused to long at a red light that had changed trying to get him to go about his business he pulled me over for "GOING TO SLOW". I have seen many Wake, Franklin, and Vance County Sheriffs hang out in the median with their lights OFF after dark clocking speeder which is not only tricky but extremely dangerous as well! In short just because a cop pulls you over for speeding does not mean your always guilty.
Ahhh, that makes sense. But you're right the radars have to be calibrated once a month. I would think it would be a very slim chance that the calibration isn't up to date. Why would the LEO even run radar if the person they ticket could get off so easily on a technicality.
What Is Improper Equipment in North Carolina?
Improper Equipment is a non-moving violation in North Carolina. The primary example of an improper equipment violation would be a defective speedometer. In most instances pleading a moving violation to an improper equipment is highly advantageous because it converts a moving violation to a non-moving violation. Obviously, if your case can be dismissed that is the best result, but dismissals are rare on traffic citations except for a few special circumstances type violations.
The North Carolina Legislature, under Chapter 20, now provides that an improper equipment outcome is a lesser-included offense to speeding. There is no need to actually have an "equipment" problem or vehicle equipment issue to receive an "improper outcome" outcome. An Improper Equipment outcome is merely an available plea result that is available in many (if not most) counties in the state of North Carolina. It is in the discretion of the district attorney in each county (or more accurately each North Carolina Judicial District) to reduce speeding charges to an improper equipment.
When I got my ticket (in Creedmoor), the cop told me, at that time, to just send in the payment for the ticket and that was all I had to do.
According to the attorney, that is the worst thing to do because your insurance goes up. So...do you pay the attorney once or do you pay your raised insurance rate for the next 3 years?
I admit I was speeding and I admitted it to the cop. Like I said, I wasn't paying attention.
But...the attorney says...they don't calibrate the radar guns very often so it is an "easy" technicality. I guess they hope that many folks just pay the ticket and don't hire an attorney.
Vicki
Once a month testing doesn't sound very realistic, why would you risk writing 'X' number of tickets in that period when your equipment may be defective. When I was a traffic cop we had to test our radar/VASCAR at the beginning and end of each tour of duty....
I have a question for you since you are an attorney. My nephew who lives in Raleigh( 23yo) received his first ticket going 71 in a 55mph zone in guilford county and was going to go to court and ask for the reduced charge of improper equipment. He contacted a lawyer in Greensboro who told him he needed a lawyer to get this for him. Why can't someone plead their own case. I told him maybe because it was more than 15 miles over? OP I have gotten a ticket in Wake & in orange and both times had an attorney because I don't think either county will reduce to improper equipment...or am I wrong?
71 in a 55 zone will suspend his license. I don't know the policy of the DA's office in Guilford Co at this point, but an atty has a better chance of getting that to an IE than your nephew does going pro se.
BTW, for those arguing people are "scamming the system" by hiring attorneys for traffic tickets, the counties set up the system that encourages people to use attorneys to negotiate. The counties did this b/c it raises revenue (higher fines for reduced speed pleas). It suites the county better to deal with a few attorneys representing the many ticketed drivers than to have to meet with each driver individually (court goes faster and everyone understands the process). The individual is not scamming the system. You may argue the entire system is a scam, but why should an individual not operate within the system set up by the local government when it is financially prudent to do so?
Mike
DISCLAIMER: I am an attorney and have handled thousands of traffic tickets in my career, but neither I nor other attorneys in my firm handle traffic tickets now.
I'd love to see the "speeders are the devil" people's reaction if they ever get caught in a momentary lapse - I'm certain they would be thrilled to receive a ticket and clearly acknowledge that they deserve it (sarcasm)
I received a ticket because I wasn't paying attention and was going too fast down a hill. I paid my fine and that was that. I chose to be responsible for my actions instead of blaming others.
Quote:
Many municipalities and local governments use "speeding" as a means of raising revenue, and nothing else.
A common refrain from those with a lead foot.
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