speeding ticket in wake county, lawyer vs defend myself?

[John Thomas8]

Don't deny yourself the opportunity to go observe traffic court, especially the one in Raleigh. It is quite entertaining.

[Mikeheel]

Originally Posted by nmncbound

hi everyone,

I recognize this has been discussed many times before, and I've read all the posts. I just wanted some situation specific advice, if anyone could help me. Let me start out by saying that I really (honestly) don't speed. In fact, I'm one of those people you see going at 30 miles an hour in a 35 zone. Don't know if you'll believe me, but ideally I don't get a bunch of responses telling me that I should stop speeding - I really feel awful about this ticket.

anyways, i was clocked on UNC hospital property going at 44 in a 25 zone. I was going up the hill, and must've pushed on the pedal too hard trying to go up. I have to trust that the officer was correct about the 44, although I have a really hard time believing it. I was about 30 min late for work and definitely in a rush, and wasn't paying attention to the drop in speed limit in the middle of the hill, so it's possible.

okay, fine, all of that said, I am a physician at UNC, and was actually truly on my way to the emergency room. I have plenty of proof that I was working in the ER about 15 minutes later. I have (had!) a totally clean driving record - I've never been pulled over or been in an accident, etc.

I actually happen to have the day off on the court date that was assigned to me, so the time isn't an issue for me. I am just wondering whether I need a lawyer, or I'd probably have the same result if I went and pled myself as I would with a lawyer. I come from an area where people pled themselves, and was surprised when my colleagues at work told me I'd be inundated with mail soon and that they'd always used lawyers for their speeding tickets. I'd like to avoid the costs of the lawyer if possible, but if people generally have bad results arguing tickets on their own, then I obviously don't want the insurance points and would be willing to shell out for a lawyer.

Advice? Thanks in advance!

Since the ticket is in Wake Co, it will not be dismissed or reduced to an improper equipment. It would be unwise to use your PJC on this ticket. You get one PJC per household every 3 years with up two per household in a 5 year period. A PJC is the only solution for some tickets in Raleigh (like stop sign violations), so you want to save it for when/if you actually need it. Also, DMV can ignore a PJC at certain speeds. Most people think a PJC is a one-size fits all solution; it is not. Do not waste it here when you have better options.

Second, there is no legal difference between 1 mph over the speed limit and 9mph over the speed limit (unless 9 over moves you above 55, which it would not here). A reduction to 9 over is a very good result for this ticket in Raleigh. However, anything more than 9 over the speed limit is a poor result and will raise your insurance rates. (9 over will not add insurance points since you have a clean record.)

Third, as to handling it yourself vs hiring an attorney, I would think the ADA in the courtroom would PROBABLY reduce it to 9 over for you if you show up with a certified copy of your driving history and explain that you were on your way in to work at the ER. I know they will reduce to 9 over if you hire an attorney. If you go yourself and the ADA will not reduce it, simply ask for a continuance (delays the court date 4-8 weeks) and then hire an attorney.

Originally Posted by orulz

I am piggybacking on this thread.

I rear ended somebody on Davis Drive and was issued a ticket. Traffic from a red light that had just turned green was starting to clear out. The driver in front of me stopped suddenly after starting to move. I think maybe he stopped because cars were backed up from the left turn lane into the through lane. Probably significantly under 10mph or when I hit, did some mostly insignificant damage but considering the other guy's car was a brand new BMW SUV it probably cost a fortune to fix.

I have a clean driving record up until now. I am thinking of using PJC but, the first question is if it's even worth it, since the other guy already filed with my insurance, so perhaps my insurance will go up regardless. Points towards suspension of license is not an issue for me.

If it's not worth it I'll just plead guilty and pay the fine by mail.

Second, if PJC is worth it, Do I need an attorney to do this or can I do it myself in court?

You do not need an attorney. If your insurance pays to repair the other vehicle (which they will), simply get a letter from them indicating such, take it to court, and the ADA will dismiss your ticket. Do not use a PJC here. As for insurance, yes, your insurance will go up due to the crash itself unless you already pay extra for one of those "accident forgiveness" policies. Typically, your base LIABILITY portion will increase 25-40%.


Good luck to both of you.

Mike

Disclaimer - I am an attorney and have handled thousands of traffic tickets in my career, but I no longer deal with traffic tickets. I can usually recommend an attorney, if you want, but I do not get anything from it other than just the satisfaction of making sure you are connected with a quality attorney that I know and trust. Also, it is possible local negotiation strategies have changed regarding such things as dismissals or improper equipment, but the legal issues about speed and use of the PJC as stated above are correct.

[mlhm5]

This is one of the few areas left that a lawyer can use his personal contacts and reputation to help a client (providing the client does not have a bad driving record, i.e. speeding tickets).

To keep your driving record spotless for insurance purposes and for information if you are stopped again (officer I have never had a ticket in my life and they will go back to the car and check it out) - you must hire a lawyer.

Best $250 you will ever spend.