Legal Question in Traffic Law in North Carolina

i was a passenger in a vehicle that had been pulled for speeding, the highway patrolman asked the driver had she been drinking? he gave me the passenger an open container ticket and i was only a passenger. However he didn't ask who it belonged to and he didn't get me to sign the ticket. Is this ticket still valid?

Asked on 2/03/13, 3:58 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

The ticket is valid, you need to speak to an attorney to see what you ability to fight the charges is.

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Answered on 2/03/13, 5:14 am

Amanda Houser The Houser Law Firm, P.C.

There are many mistakes a Trooper could make that would make a ticket invalid. However, our North Carolina Troopers are highly trained professionals - in my entire career I have never once come across a situation where a State Trooper made a mistake that made the ticket invalid. None of the things you mentioned would make the ticket invalid. Mr. Love is correct that just because you were charged doesn't mean your guilty. Consult with an attorney about your possible defenses. Even if you plan to pled guilty, an attorney may be able to help by obtaing a reduction to a lesser offense. Some districts will even go a step further and may allow you to do some community service to earn a dismissal or perhaps a PJC.

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Answered on 2/03/13, 12:14 pm

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