Legal Question in Traffic Law in North Carolina

while driving my daughter to school one morning, I was behind a police officer and 2 dump trucks going extremely slow. I go around the police officer and 2 dump trucks when the passing lane is clear. about a mile down the road, the same police offer stops me and gives me a ticket for G.S. 20-140(B). At the time of ticket, I had a cdl learner permit (now expired) but was not driving a CMV. Does this put points on my license with a PJC?

Asked on 5/02/13, 11:48 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.
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No, if granted, a PJC will not put points on your license. However, in order to get a PJC you will need to know how to properly request it. If that is what you want, it is considered courteous to notify the Assistant District Attorney that you intend to make that request - the ADA may have objections. Also, each judge has their own criteria for granting a PJC. For example, some may want to see a certified copy of your driving history record check and there are some judges who will simply not grant a PJC on a charge of Careless and Reckless driving.

Further, if you have a CDL license, the PJC will be completely ineffective. Finally, using a PJC carries some potential current and future ramifications that you will need to be aware of and keep in the back of your mind.

Based on your description, what you did does not seem to rise to the level of Careless & Reckless driving - you may want to consider going to trial, if your description is completely accurate. Also, there are many other options besides the PJC. The ADA may allow you to attend a safe driving course for a reduction to something along the lines of an Improper Equipment.

If you don't know what you are doing - which you clearly don't or you wouldn't be asking, hire an attorney. There is nothing wrong with not knowing - I for example, have no idea how to repair a car so when something goes wrong, I hire a mechanic. The same applies to the law. Often a good experienced traffic attorney can prevent you from having to go to court, can keep points off your license, keep your insurance from going up, etc. And it doesn't have to cost a fortune. Some attorneys will gouge you, others have very reasonable fees - feel free to shop around and go with someone you are comfortable with and has affordable fees. This should not cost more than $500 including your court cost / fine, if any. Anything much more than that and you are simply paying for an attorneys exaggerated idea of their self worth and / or their BMW.

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5/02/13, 3:20 pm

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