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As a former Law Enforcement officer I would suggest that you skip the attorney and save yourself the money. As long as you were nice to the officer who cited you it should be no problem getting it reduced. Once you are in court ask to speak to the DA. Once you get to him provide him with a copy of your driving history and ask him would the officer be ok with reducing the charge to 70 in a 65mph zone. Like I said before if you were respectful to the officer he will be fine with it and you will save yourself the money. Lawyers love people who are intimidated by the "system" since thats how they make their money. If you are not easily intimidated and courthouses do not bring out a high level of anxiety I would advise taking my advise. If you are intimidated or anxious about going there then I would suggest you hire an attorney. Remember they are all part of the system and all of them are playing the "game".
That begs another question. If the guy was nice to the officer when given the ticket, why didn't the officer issue a lesser ticket at the time? Then the offender doesn't have to go to court or hire an attorney, mails payment in, state gets $ toward the deficit, no cost of court, everyone's happy. If officer has discretion over the charge, save everyone time & issue the lesser ticket up front.
As a former Law Enforcement officer I would suggest that you skip the attorney and save yourself the money. As long as you were nice to the officer who cited you it should be no problem getting it reduced. Once you are in court ask to speak to the DA. Once you get to him provide him with a copy of your driving history and ask him would the officer be ok with reducing the charge to 70 in a 65mph zone. Like I said before if you were respectful to the officer he will be fine with it and you will save yourself the money. Lawyers love people who are intimidated by the "system" since thats how they make their money. If you are not easily intimidated and courthouses do not bring out a high level of anxiety I would advise taking my advise. If you are intimidated or anxious about going there then I would suggest you hire an attorney. Remember they are all part of the system and all of them are playing the "game".
Hey old-school, I was just informed my a buddy of mine that Wake county will never reduce a speeding ticket to a non-moving violation, is that true? If that is the case then what is the point of even hiring a lawyer as oppose to just seeing the ADA myself? Bummer
Yes, it is true that Wake County D.A.s will not reduce a speeding ticket to a non-moving violation (most people ask for an improper equipment reduction, but the D.A. will not give it to them). Generally the best result you can obtain is a reduction in the mph over the speed limit (typically to 9 over, but sometimes less (I had one reduced to 5 mph over the speed limit two weeks ago (it saves you money on your fine, and looks better on your record))).
You can generally get the same result an attorney will get by going to court and negotiating with the D.A. on your own (this is especially true in Wake County because the D.A.s do not give very good reductions to anybody). The point of hiring an attorney, for most people, is that you will not have to go to court (typically a 2-3 hour process in Wake County (in other counties, like Alamance County, traffic court takes 5-8 hours)). So, some people choose to hire an attorney to avoid taking a sick/vacation day, or to avoid hiring a baby sitter for their kids.
If money is tight or if you have plenty of time, just handle this ticket yourself. Wake County has a pretty efficient system, so you shouldn't lose too much time.
Last edited by Green Irish Eyes; 02-12-2011 at 07:09 PM..
Some good responses here. Imo best course of action is hire a lawyer for what, $250 or so to have it dropped to 9 over or so. I'd avoid the Prayer if possible - suspended sentence with the risk of a double whammy if anything else happens (you admitted you weren't willfully speeding). The Raleigh DA doesn't deal on traffic offenses, so you have only two options, and you should never plead guilty if you can avoid it - I don't know if you can just plead "no contest" with the 9 over deal from the Raleigh DA, but that would be better.
Consider the PITA to get downtown in the AM, wait around for hours, and eventually just get a new court date, you're likely better off with your time and money having a lawyer just handle it, With no priors a reduced charge is easy. Even if you go downtown yourself to get the reduction by speaking to the DA directly before court begins, you will pay the fine, parking fees, and court costs, plus any time off from work.
Yes, it is true that Wake County D.A.s will not reduce a speeding ticket to a non-moving violation (most people ask for an improper equipment reduction, but the D.A. will not give it to them). Generally the best result you can obtain is a reduction in the mph over the speed limit (typically to 9 over, but sometimes less (I had one reduced to 5 mph over the speed limit two weeks ago (it saves you money on your fine, and looks better on your record))).
You can generally get the same result an attorney will get by going to court and negotiating with the D.A. on your own (this is especially true in Wake County because the D.A.s do not give very good reductions to anybody). The point of hiring an attorney, for most people, is that you will not have to go to court (typically a 2-3 hour process in Wake County (in other counties, like Alamance County, traffic court takes 5-8 hours)). So, some people choose to hire an attorney to avoid taking a sick/vacation day, or to avoid hiring a baby sitter for their kids.
If money is tight or if you have plenty of time, just handle this ticket yourself. Wake County has a pretty efficient system, so you shouldn't lose too much time.
BTW, I understand that 9mph over still comes with 3 points off my driver's license, will the same be true for 5mph over the limit? In addition, the two law offices that consulted with thus far recommended not using Prayer for Judgment for my first offense .. any reason why they would recommend that? If there argument is not to do so just in case I get another one within 3yrs, then at that point couldn't I just use the lawyer negotiate it to 9mph over at that point?
Although I have no intention of getting another one, I just though it would be good to know anyway. Thanks
Last edited by Green Irish Eyes; 02-12-2011 at 07:10 PM..
Reason: Edited quoted text
For Insurance Points you are only allowed 1 Prayer for Judgment Continued per household every 3 years. In this sense it sort of works as an ace-in-the-hole/get-out-of-jail-free-card so you want to save it until you absolutely have to use it. Using a Prayer for Judgment Continued on a first offense leaves you with no back-up option if you receive another speeding ticket (or if a household member picks up a speeding ticket).
For example, if you or someone in your household is charged with speeding in a school/work zone you will need to use a Prayer for Judgment Continued in Wake County because the D.A.'s Office will not offer you a deal that moves the charge to a non work/school zone (this is important for DMV and Insurance Points). School zone infractions, and other more serious infractions, are better uses of a Prayer for Judgment Continued. An ordinary speeding violation that can be moved to 9 mph over (1 every 3 years on those too) is not a good citation to use a Prayer for Judgment Continued.
For Insurance Points you are only allowed 1 Prayer for Judgment Continued per household every 3 years. In this sense it sort of works as an ace-in-the-hole/get-out-of-jail-free-card so you want to save it until you absolutely have to use it. Using a Prayer for Judgment Continued on a first offense leaves you with no back-up option if you receive another speeding ticket (or if a household member picks up a speeding ticket).
For example, if you or someone in your household is charged with speeding in a school/work zone you will need to use a Prayer for Judgment Continued in Wake County because the D.A.'s Office will not offer you a deal that moves the charge to a non work/school zone (this is important for DMV and Insurance Points). School zone infractions, and other more serious infractions, are better uses of a Prayer for Judgment Continued. An ordinary speeding violation that can be moved to 9 mph over (1 every 3 years on those too) is not a good citation to use a Prayer for Judgment Continued.
Let me know if you have any other questions.
Tkreger, you have been a major help with this matter ... I guess one learns as they go through life eh . In addition, I am also thankful to everyone that contributed to this topic as I am walking away much more aware of how these things work here in NC. This forum rocks!
Lawyer is a waste of money. All you have to do is just go to the courthouse in downtown on your court date. Then wait in the line, earlier the closer you are to the front. Once you get to the DA just tell them you want your ticket reduced and they will ask if you are paying the fine today. (Bring cash) You say yes and the DA reduses it to 9 over right there on the spot. 9 overs don't count on your insurance. Dont even have to step foot in a court room and you can be in and out in 30-45 mins tops. I have done this twice in about a year and a half. One of my tickets were as high as 17 over so you should be fine with the 15 over.
Lawyer is a waste of money. All you have to do is just go to the courthouse in downtown on your court date. Then wait in the line, earlier the closer you are to the front. Once you get to the DA just tell them you want your ticket reduced and they will ask if you are paying the fine today. (Bring cash) You say yes and the DA reduses it to 9 over right there on the spot. 9 overs don't count on your insurance. Dont even have to step foot in a court room and you can be in and out in 30-45 mins tops. I have done this twice in about a year and a half. One of my tickets were as high as 17 over so you should be fine with the 15 over.
I hear you, but what most folks here forget to mention is that 9 over still comes with points on your driver's license and Wake County will not reduce this to a non-moving violation
I hear you, but what most folks here forget to mention is that 9 over still comes with points on your driver's license and Wake County will not reduce this to a non-moving violation
What no one else here has mentioned either is that you have to get 12 points within a 3 year period before you could face license suspension. You are fine driving around with three points.
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