Legal Question in Traffic Law in North Carolina

I got my first speeding ticket 60mph in a 45mph zone, should I use a prayer judgment or try to get the ticket lowered?

Asked on 1/08/13, 8:14 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If the District Attorney in your county will allow it, you should look into a reduction to Improper Equipment. Some DA's allow this reduction and some don't and you may or may not be required to attend a Safe Driving course in order to 'earn' the reduction. Improper Equipment is a non-moving violation that carries no license points or insurance increase. Currently, court cost and fine for an IE is $263. A reduction to 55 / 45 (or less) may prevent an insurance increase but you will end up with DMV points on your license. Generaly, DMV points are meaningless but could affect things like future employment. The Court cost for that is currently around $198 - $203. The PJC comes with a host of pros' and con's that you need to be aware of before you decide to use it. Also it should generally only be used as a last resort and not 'wasted' on a first ticket, especially a minor infraction. Further, the PJC is not something you are automatically 'entitled' to. You have to know how to properly request one in your county (for example some judges will not grant a PJC without see a copy of your NC driving history) and granting it is at a judges discretion.

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Answered on 1/08/13, 10:50 pm

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