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I received a traffic ticket in Durham for "failing to stop at a duly erected stop sign". I probably did a rolling stop (definitely slowed down and didn't blow through, but not sure I came to a complete stop), and the cop pulled me over. I've never gotten a traffic ticket before, and I'd prefer not to get the points so my insurance doesn't go up. Can anyone advise me on what my best move from here is? Thanks.
I am not a lawyer and this post is worth exactly what you paid for it.
It really all depends on how much time you have. I have beat a fair number of traffic tickets by disputing them, and I've never used a lawyer. I've watched a whole lot of traffic lawyers, and unless you're fighting something serious like a DUI, a lawyer is just going to save you time and hassle. That is not a trivial matter; it is a serious amount of time and it is a giant pain in the rear. If you can pay someone $100 to do it, its not a bad idea at all.
But IF you have the time, and IF you don't mind going to the courthouse, finding parking, taking off your belt and shoes to go through 'security', and you aren't afraid to talk to the ADA, you might get no points. The first thing they do in the morning is see who is there. You talk with the ADA for a few seconds. They like this line to move, so keep it short. Don't say you rolled the stop. You've got a clean record; you'd like to keep it that way. See what he can do. Don't like what he's offering? There's always the 'Not guilty' option. If you do this, you'll have to come back a different day a few weeks in the future and do this again. The lawyer should be sounding pretty good at this point, but I'm a glutton for punishment.
I always plead not guilty and hope for the best. It has worked well for me twice. The cop that wrote the ticket will have all his/her tickets scheduled for that day, and they are supposed to appear, but they don't always show.
The judge may try to give the officer another chance, and reschedule. This is where you respectfully remind the judge that if YOU hadn't show up that day that you'd be looking at the business end of a bench warrant. It might work. If it does, case dismissed! Yay! Free to go and you beat the system. But.....probably not. Probably he tells you to shut up and reschedules. If that happens, you get to come back again! Or the officer or deputy is there in court, in which case you will lose, and you pay. But you don't pay more than if you had just paid the ticket, so why not?
You could probably get a prayer for judgment (PJC) which won't have insurance points if it is the only PJC in a three year period on your policy (including other drivers). You should speak with a lawyer who practices in Durham because they may give improper equipment or city code violations for stop signs which would be better than a PJC.
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