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Old 12-03-2011, 12:19 AM
 
2 posts, read 10,009 times
Reputation: 16

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I got a ticket today on I-40 driving from Raleigh to Durham. I was following the traffic ahead of me and going about 70mph. When I got pulled over, the police officer mentioned that I was going 70 in a 55 zone. I took his word for it. He then told me that since I was so nice and cooperative, I could show up in court and probably work something out with the DA (he actually encouraged me to do it). As I pulled out, I noticed a speed limit sign less and 200 meters away that said 65. When I got home, I looked at my ticket and the citation said "Operate a motor vehicle on a street or highway at a speed of 70mph in a 65mph zone. GS 20-141(B)."

My questions are:
1. When I show up in court, what do I ask the DA for? And how much will each of my options cost me? (Currently the costs are: amt of fine: $10, court costs: $188).
2. Why did he pull me over in the first place if I was going 70mph in a 65mph zone? Is this common now?

I am currently a student with a clean driving record so I don't really know what to expect, but I really can't afford to pay a large fees or higher insurance premiums. Any advice would be greatly appreciated.
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Old 12-03-2011, 12:36 AM
 
601 posts, read 1,075,659 times
Reputation: 325
Quote:
Originally Posted by BananaSplits View Post
I got a ticket today on I-40 driving from Raleigh to Durham. I was following the traffic ahead of me and going about 70mph. When I got pulled over, the police officer mentioned that I was going 70 in a 55 zone. I took his word for it. He then told me that since I was so nice and cooperative, I could show up in court and probably work something out with the DA (he actually encouraged me to do it). As I pulled out, I noticed a speed limit sign less and 200 meters away that said 65. When I got home, I looked at my ticket and the citation said "Operate a motor vehicle on a street or highway at a speed of 70mph in a 65mph zone. GS 20-141(B)."

My questions are:
1. When I show up in court, what do I ask the DA for? And how much will each of my options cost me? (Currently the costs are: amt of fine: $10, court costs: $188).
2. Why did he pull me over in the first place if I was going 70mph in a 65mph zone? Is this common now?

I am currently a student with a clean driving record so I don't really know what to expect, but I really can't afford to pay a large fees or higher insurance ,
premiums. Any advice would be greatly appreciated.
Are you a woman, were you driving a sports car!
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Old 12-03-2011, 04:17 AM
 
1,716 posts, read 2,771,155 times
Reputation: 3196
70 in a 65 doesn't sound right at all and I didn't think there was any 55 mph zones along I-40. If you were ticketed for just 5 mph over the limit you really got screwed.
I have done a 'Prayer For Judgement' but I don't think I would waste it on this charge.
A basic definition of a "Prayer for Judgement" is a plea that can be entered in a courtroom and is neither an admission of guilt nor a plea of innocence. If the plea is accepted by the judge the charge against the accused is dismissed though the judge usually has conditions for the violation to not go on the person's record.
The conditions normally include that if within a certain time period the accused repeats the crime or a similar one he/will face both charges. However if the accused stays clean for the time period the record is expunged and the accused will face no trial or punishment for the alleged offense. In North Carolina the probationary time period is typically three years.
In NC for automobile insurance purposes, one can have up to one PJC per household every three years that will not cause insurance premium increases. For driver's license purposes, a driver can have up to two PJCs within a five year period which will not result in driver's license points nor have any effect on the driving record of the person receiving the PJC.
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Old 12-03-2011, 06:02 AM
DPK
 
4,594 posts, read 5,727,899 times
Reputation: 6220
Where exactly were you ticketed? Some people mistake the strip of road between US-1 and I-40 (the Wade Avenue extension) as part of I-40 and floor it through there going 65 mph, when the posted speed is really 55 mph.
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Old 12-03-2011, 06:27 AM
 
1,231 posts, read 3,150,444 times
Reputation: 1461
Take a picture of the sign and where you were. When you get to court tell them you were within the acceptable speed limit range. don't even say "I was just going 5 over", that will admit guilt. Tell them you have a clean past (hoping you do) and that you offer to take a online driving course.

Worked for me when I was speeding on HW85 up to Virginia.
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Old 12-03-2011, 07:01 AM
 
Location: Raleigh, NC
2,743 posts, read 4,827,742 times
Reputation: 3949
Keep in mind that the majority of speeding tickets are just vehicles (pun intended) to pull in court costs, the speed listed on the thicket isn't really that important.

I got my first ticket in years (I've been VERY lucky!) a few months ago, in Wake county.
It was pretty obvious that the system is set up to offer the speeder a reduction in the speed in order to make it fast and easy for the speeder.
To resolve a ticket, you are directed to a long line of people handling minor infractions, which leads to a assistant district attorney who, before even looking at your face, will offer you a reduction in speed if you plead out. It was so clear that his job was to keep you out of the courtroom. And probably that's a good thing for the county, and for most people, but it was also obvious that it was about the $$ coming in not from the rate of speed, but rather the court costs.

My fine was
$10 fine + $140 in fees.

So there are really two questions for the OP:
ONE: Did you really get a ticket for 5 mph over the limit?? If so, it really might be worth passing through the ADA and just asking the judge to dismiss unless they can prove their equipment was that accurate.

TWO: If it really was more than 5 mph over (IE you were in a 55 zone), then you fall into the main category like the rest of us, and you need to do whatever it takes to keep this off your insurance record. That is where the big $$$ hit comes from. Find out if your insurance will ignore it if the speed over is low enough, and that's what you try to get plead down to.

To learn more about pleading etc, there are a BUNCH of other threads here, go searching.
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Old 12-03-2011, 10:55 AM
 
Location: NC
4,532 posts, read 8,871,316 times
Reputation: 4754
Quote:
Originally Posted by Ed_RDNC View Post
Keep in mind that the majority of speeding tickets are just vehicles (pun intended) to pull in court costs, the speed listed on the thicket isn't really that important.

I got my first ticket in years (I've been VERY lucky!) a few months ago, in Wake county.
It was pretty obvious that the system is set up to offer the speeder a reduction in the speed in order to make it fast and easy for the speeder.
To resolve a ticket, you are directed to a long line of people handling minor infractions, which leads to a assistant district attorney who, before even looking at your face, will offer you a reduction in speed if you plead out. It was so clear that his job was to keep you out of the courtroom. And probably that's a good thing for the county, and for most people, but it was also obvious that it was about the $$ coming in not from the rate of speed, but rather the court costs.

My fine was
$10 fine + $140 in fees.

So there are really two questions for the OP:
ONE: Did you really get a ticket for 5 mph over the limit?? If so, it really might be worth passing through the ADA and just asking the judge to dismiss unless they can prove their equipment was that accurate.

TWO: If it really was more than 5 mph over (IE you were in a 55 zone), then you fall into the main category like the rest of us, and you need to do whatever it takes to keep this off your insurance record. That is where the big $$$ hit comes from. Find out if your insurance will ignore it if the speed over is low enough, and that's what you try to get plead down to.

To learn more about pleading etc, there are a BUNCH of other threads here, go searching.
I was married to a cop for many years. Had lawyer and law enforcement friends from most agencies in this area. Sorry to tell you...there is no conspiracy to bring in $$ from speeders. If a person doesn't SPEED, they won't be charged. Whatever the limit is, if you exceed it (even if only 5 miles) you can be charged. The court is willing to reduce as they are overwhelmed...this is all it is.
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Old 12-03-2011, 05:55 PM
 
9,680 posts, read 27,165,555 times
Reputation: 4167
Since changing tire size a bit can alter speedometer readings, most police allow about a 5 mph violation to pass by.
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Old 12-03-2011, 06:31 PM
 
Location: Fuquay-Varina
4,003 posts, read 10,841,368 times
Reputation: 3303
If it is just 5 over, it should not affect insurance. If that is the case, just mail in the payment. It is easier than dealing with the courthouse!
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Old 12-03-2011, 07:00 PM
 
1,029 posts, read 1,925,170 times
Reputation: 675
I've been using waze on my smartphone to find/report police locations.
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