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I know this question must have been asked many times, I read a lot of posts but would like to get some information specific to Wake County District Court.
For the first time in my 16 year driving history, I was given the first citation this morning for rolling a stop sign in Morrisville. This is my first ticket so you can imagine how nervous I was/am. I am usually the very defensive driver, but I didn't come to a full stop this time.
The cop stopped me and said "I stopped you because you didn't stop at the stop sign". I just handed over my driver's license didn't say anything, thinking she would give me a warning or something after checking my history, wrong, she came back with my first ticket.
Well, I can just pay the ticket and take the points. But the 3-point on DL really sucks, it is as bad as speeding up to 55mph. I don't want to see a huge insurance hike.
If I fight for it, do I stand a good chance to get this case dismissed if I talk to the DA or ADA? or downgrade it to a non-moving violation such as equipment failure? I heard many successful stories online but there are quite a few people claim that Wake county court is especially tough on this type of citation, tougher than speeding or other moving violations.
I am aware of the PJC option, but I don't want to waste it on such a minor case. If on the court date the DA only offers PJC, can I request a continuance and then hire a lawyer to deal with it? Does it have any negative impact if I talk to the DA myself first? Or would it be wise to just hire a lawyer to deal with it? If so, any recommendations? Can the attorney guarantee to drop the case? Sorry for so many questions.
Thank you very much for reading this! I am looking forward to any constructive ideas and suggestions.
Of course you don't fight it. You were guilty. Take your points and pay up, then never do it again.
This is literally the worst advice ever. Do not listen to it.
Fight it, no question. Do it yourself per the above if you have the time/interest. Or if you want a more concrete and convenient solution, get a lawyer. They will likely get it down to improper equipment (depending on where in M-Ville) given your history and the relatively minor offense we're talking about here, and off you go. ~$150 lawyer fee, court costs/fine, you're done. Zero points, like it never even happened.
Search other posts where we've discussed this and you'll find various approaches to finding the right lawyer. I tend to look for former DA's in the county where the road pirates tagged me, but that isn't be all end all.
I fought one several years ago for the same thing in Wake County. In my mind, it was a matter of principle. I did indeed come to a complete stop. Given the time of day(dusk) and obstructions that existed, and the distance away from the intersection (approximately 1/4 mile, there was no way the state highway patrolman could have seen me.....even if I didn't stop. He didn't stop me until several miles later! I came to court load with lots of documentation, however, in the end it didn't make any difference. The officer flat out lied on the stand and of course his word was the gospel!
This is literally the worst advice ever. Do not listen to it.
Fight it, no question. Do it yourself per the above if you have the time/interest. Or if you want a more concrete and convenient solution, get a lawyer. They will likely get it down to improper equipment (depending on where in M-Ville) given your history and the relatively minor offense we're talking about here, and off you go. ~$150 lawyer fee, court costs/fine, you're done. Zero points, like it never even happened.
Search other posts where we've discussed this and you'll find various approaches to finding the right lawyer. I tend to look for former DA's in the county where the road pirates tagged me, but that isn't be all end all.
Agree completely. Rolling stops are also not always efficiently governed. Plus, the process is there for OP to challenge, so should do it, especially if points will be on license. [I was stopped for rolling a stop sign about 20 years ago and still dont think I did it. Ended up hiring a lawyer who made it go away for a couple of hundred $'s.]
The whole DMV points system is a money-maker for courts and lawyer. Regardless, I highly suggest you get a lawyer and get the points taken off. Paying 250-350$ will more than compensate for the increase in insurance premiums. I highly suggest you ask the lawyer for success rates, etc. PJC is also an option but like you said, you may not want to waste it on a case like this.
PJC is precisely for this kind of thing - do it, and be careful for 3 years. I've never seen a state that takes money making via motorists like this one. Dumbest system I've ever seen. I believe it's the only state where you can get a ticket for an accident (that the officer didn't witness!!!) and then get out of the ticket when your insurance company pays for the damage.
Do not waste a PJC on a simple ticket like this. This should be an easy drop to improper equipment. A bit harder if in Wake vs Durham but this offense isnt worth a PJC, improper equip should be a go to for your lawyer. Understand you havent had a ticket in years and years so its a safe bet, but you never know what happens in the future, I'd hold onto it for sure vs using it for this. Your lawyer will advise.
You're right though, NC is certainly frustrating, and the pirates have been amping up their attacks over the last several months. Gotta make that $. Disgusting. But I digress, as I have before on this topic 100x
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