Legal Question in Traffic Law in North Carolina

Not guilty of speeding

At 3:15am I was driving to my beach house on beach road in Nags Head. I see the only other headlights in sight....behind me way in the distance. I glance back again and notice the car is quickly gaining on me, getting so close I can't see it's headlights so I tap on my brake. It's the police, I'm pulled over and told that she clocked me by following me, and that I was driving 55 in a 35. I was going 35!!! maybe slightly faster when concerned I was going to be hit. She never followed me....only rapidly gained. She said she was going to write the ticket for 50 mph so I wouldn't have to go to court. The ticket amounts to $25.00 fine plus $100.00 court costs. I feel this illegal ticketing is done as most people would find it both expensive and time consuming to return for court. My question is.. Is it a waste of time for me to appear in court, won't the judge automatically believe the officer?? I have never received a traffic violation and don't deserve this one. Please advise me if you'd be so kind.


Asked on 1/23/03, 4:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Not guilty of speeding

I have driven this same beach road myself many

times, but have never been stopped by an officer.

If this incident were a one time thing for you

with little likelihood of repitition, it would

probably be best to pay the fine and forget about

it. However, if you own a home in the area, and,

presumably, will be driving many more times

over this same stretch of Hwy. 12, I would warrant that it's probably worth your time and expense to appear in the Dare Co.Traffic Court to tell your honest version of the facts to the judge.

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Answered on 1/23/03, 11:38 pm


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