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brian5 03-03-2013 06:48 PM

North Carolina Citation. Lawyer recommendations?
 
I got a speeding ticket in NC (82 in a 60 zone) on I-85. Not sure how I was clocked but was told that I was going 82 "when I went under the bridge". I suspect LiDAR was used. I'm not complaining about getting the ticket; I was frequently driving more than 22 mph over the limit. I was just stupid in this case because I was going so much faster than everyone else...

The citation does not give any fine that I can pay; merely a court appearance date in Charlotte, NC. Once I got back home to CT, I got letters from about 20 lawyers 'offering me their services'. (Is there no privacy??? -- I could not believe this!).

Some lawyers quote fees and others want me to call. It seems like the lawyer will appear on my behalf for $160-$200, and the court appearance fee plus fine is around another $210-$270.

1. I plan to pay this but does anyone know what happens if I just ignore this citation (and court appearance)? I live in CT and might drive in NC again. I have seen posts by others that they don't pay out-of-state tickets.

2. Anyone have a Mecklenburg County, NC lawyer that they can recommend?

Thanks

jspdr 03-03-2013 07:55 PM

You should check out AVVO.com. go there and register if first time user. Post your specific questions, just to make sure its under correct topic. Lawyers will give free advice in a short time generally. I had a couple, one in Iowa, and Nevada, luckily did not have to appeared in court, just paid the tickets. Good luck.

brian5 03-03-2013 08:11 PM

jspdr,

Thanks. Some useful rating info at Avvo.com :thumbup:

Comparing that with letters that I have. I really don't want to talk more lawyers than I want to :( Two is probably the max that I can take...

motordavid 03-03-2013 08:41 PM

Do not 'ignore'...
Call a couple of the net chasing lawyers, (the courts actually feed these guys), pick one you like, ascertain his total fee and his best guess of what he can get that speed 'reduced' or adjudged down to, pay the barrister, and wait...

Some states, NC included, supposedly forward that 'excessive speed' citation on to your home state, but that is based on what the final 'judgement' is: if adjudged down to something less superlative, it may not get forwarded to CT...

You are lucky; I have a few m'cycle riding buddies/fast car guys that have had the State Cop impound the car/m'cycle for that ~22 over/over 80 speed, as in 'reckless driving'. In NC statutes, it can also be a misdemeanor vs a basic code infraction/speeding ticket.

No pick on a lawyer as I am 3 hrs west of M county/Charlotte area.
GL, mD

brian5 03-03-2013 08:50 PM

motordavid,

Thanks. I do plan to pay.

Yes, I did some web searches and found that "conviction of speeding more than 15 miles over limit when the speed is 55 mph or greater" could result in suspension of NC driving privilege or they might notify my state which could suspend my license... So I guess I was lucky to keep driving...

Two lawyers said they would try to get the ticket reduced to down to "9 over". They might be able to do that given that the speed limits on the highways that I was on through varied from 75 down to 60.

1naztyx5 03-03-2013 09:36 PM

Brian,

sorry to hear about your misfortune, i too got a tkt in NC on my way to FL back in 2009, if recall correctly between lawyer and fine it was about $650, they didn't give me any points (thank god) but i believe i paid the maximum fine

i think in this towns they all know each other (cop, lawyer, judge) and they go hard on out of state people ... good luck man!

blktoptrvl 03-03-2013 11:57 PM

Quote:

Originally Posted by motordavid (Post 925290)
You are lucky; I have a few m'cycle riding buddies/fast car guys that have had the State Cop impound the car/m'cycle for that ~22 over/over 80 speed, as in 'reckless driving'. In NC statutes, it can also be a misdemeanor vs a basic code infraction/speeding ticket.

I Agree, NC Doesn't fart around, in addition to impound, lots of people end up in jail over the weekends.

I have never used this web service, but I was told by a friend it is a good place to start...

North Carolina Speeding / Traffic Ticket Lawyers. Find the Top Speeding / Traffic Ticket Lawyers in North Carolina - Avvo.com

bmwbmwuser 03-04-2013 01:45 AM

What is the violation code on the ticket?

Probably you are looking at a misdemeanor. Call the court clerk to verify.

If that is the case, you will need an attorney to reduce it to a moving violation.

Call the attorney's list that blktoptrvl provided and ask for references. You can also do a background check by contacting the NC State Bar.

If the ticket is a moving violation check if NC has what is called "trial by written declaration". Basically, if the cop does not respond, you win.

Cost ($, time, headache, etc..) to fix your ticket = V1 + good laser jammer........lol

Good luck

brian5 03-04-2013 07:34 AM

Thanks for input ^, ^^, ^^^

Violation code? Only thing that looks like that is at the end of the 'charge'. "... OPERATE A MOTOR VEHICLE ON A STREET OR HIGHWAY AT A SPEED OF 82 MPH IN A 60 MPH ZONE. (G.S. 20-141(J1))"

Going to have to research "G.S. 20-141(J1)" but I assume a lawyer, that I'll contact, will know. EDIT: Apparently it's a Class 2 Misdemeanor.

As far as the laser jammer goes, I'm not sure that he got me on LiDAR. I drove 2,000+ miles in 4 days so I had a lot of alerts on my V1 in that time. I could have just missed/ignored the K-band alert that one time... He could have been parked on the bridge and then pulled onto the freeway to come after me. I saw two other troopers operating that way.

bmwbmwuser 03-04-2013 10:21 AM

Below is the link to the statute.

§ 20‑141 (b) is referring to an exception. "Except as otherwise provided in this Chapter, it shall be unlawful to operate a vehicle in excess of the following speeds:...."

Do some research, see if the exception helps your case.



G.S. 20-141

brian5 03-04-2013 10:24 AM

Quote:

Originally Posted by bmwbmwuser (Post 925361)
Below is the link to the statute.

§ 20‑141 (b) is referring to an exception. "Except as otherwise provided in this Chapter, it shall be unlawful to operate a vehicle in excess of the following speeds:...."

Do some research, see if the exception helps your case.



G.S. 20-141

Thanks. I have reviewed that. It looks like I might get off relatively lightly as I was not more than 25 mph over limit. I'll see what my selected lawyer says...

TerminatorX5 03-04-2013 10:49 AM

what town was it? i am planning a trip to FL, and will pass through the NC... i got the V1, but the cops sometimes use those painted lines on the highways... i forgot how this method is called, but the V1 is powerless against those...

brian5 03-04-2013 12:30 PM

Quote:

Originally Posted by TerminatorX5 (Post 925371)
what town was it? i am planning a trip to FL, and will pass through the NC... i got the V1, but the cops sometimes use those painted lines on the highways... i forgot how this method is called, but the V1 is powerless against those...

It was north of Charlotte. I was traveling west to east on I-85, at the time, so you wouldn't do that highway. You could be right about the painted lines. I covered so many miles that I don't know if that was used there...

My V1 came in very handy for this particular 'college visiting road-trip'...

motordavid 03-04-2013 01:00 PM

OT...Terminator:
Living in NC, albeit far western NC, but travelling all over NC and the states you will go through to FL, it is a crap shoot.

The NC State Cops and county sheriffs all use radar and some use lidar. I have had several close calls, but I deserved the anxiety most of the time. For general 'above the limit' travel in NC, just use the usual common sense and methods.

Imo, VA is the worst, whether one is on 95 or more westerly on 81: the cops hide out on the long downhill sections, (usually in the middle trees/behind berms), and simply radar spray every batch of traffic, then come after that 'batch' and pick off anyone they feel like, with focus on out of state plates, in my experience. Also, radar is 'illegal' in VA, and some will ask if you 'possess one' and add a $100 appendage ticket whether it was 'in operation' or not...I know, lol!

It's a game and really a revenue game, as you know. Solo/lead car hauling azz is not rec'd.
GL, mD

TerminatorX5 03-04-2013 01:13 PM

Quote:

Originally Posted by motordavid (Post 925391)
OT...Terminator:
Living in NC, albeit far western NC, but travelling all over NC and the states you will go through to FL, it is a crap shoot.

The NC State Cops and county sheriffs all use radar and some use lidar. I have had several close calls, but I deserved the anxiety most of the time. For general 'above the limit' travel in NC, just use the usual common sense and methods.

Imo, VA is the worst, whether one is on 95 or more westerly on 81: the cops hide out on the long downhill sections, (usually in the middle trees/behind berms), and simply radar spray every batch of traffic, then come after that 'batch' and pick off anyone they feel like, with focus on out of state plates, in my experience. Also, radar is 'illegal' in VA, and some will ask if you 'possess one' and add a $100 appendage ticket whether it was 'in operation' or not...I know, lol!

It's a game and really a revenue game, as you know. Solo/lead car hauling azz is not rec'd.
GL, mD

since it is illegal in VA to use the RDs, the cops are conditioned to this environment - it is like a hunter, going to hunt deer, and all deer have their legs tied up... in my opinion, it is not a hunt, it is a slaughter...

same with the cops just spraying the pack with the indiscriminate "shower" of unwarranted radio energy...

I was pulled over by a cop in VA when i had a fully operational V1 on the windshield, (in 2004) - he told me to turn it off and put it in the trunk... maybe my LE credentials helped at the time - hard to tell... :nanana:

i just know that in PA, there are some towns that keep their taxes low and collect revenue off state or interstate roads passing through their proper - speed limit goes from 65 to 55 to 45 to 35 in a matter of 2 miles, on the same, 6 lane (3 in each direction), divided, sound-walled-off highway - and right there a cop, nailing folks...

I will try to stay on the good side of the law...:rofl:

Meiac09 03-04-2013 01:27 PM

The cops on 85 are horrible about sitting on a bridge then calling down to a bunch of cruisers waiting ahead. Good call on the lawyer, thats what my friends all did in the situation themselves.

Isn't it true that NC drivers get their license suspended for +15 out of state?

AzNMpower32 03-04-2013 09:24 PM

I am not sure about reciprocity agreements between NC and CT, but I would check. Your speed in NC results in a 30-day license suspension, and theoretically if your license is suspended out-of-state, your home state will suspend it as well.

I'm going to take a wild guess and say your infraction occurred near Gastonia, where the speed limit is lowered from 65mph to 60mph north (east) of US 321. I have seen police "teams" set up underneath overpasses there in Gastonia as recently as a month ago. However, given that area is relatively suburban, the 60mph limit is not unreasonable, rather it catches people off guard.

I will agree with mD. VA is the worst state to drive in, with regards to enforcement. Every single one of my collegues and friends will agree with me.

brian5 03-04-2013 09:36 PM

AzN...

I have to get a driver history report in CT now (for the NC lawyer) and then I'll get another in a month, just to double-check, if nothing is showing. Hopefully, I won't get an unpleasant letter from my DMV.

No, it occurred on I-85 near NC-16; just north of Charlotte. The speed limit had dropped to 60 mph only for a relatively short stretch.

My driving through VA was fast (and relatively dangerous) in a rain-storm. Everyone was driving fast though... Coming back, I let my wife drive through VA.

TerminatorX5 03-04-2013 10:46 PM

i should dig my Russian driver's license, it is valid until 2019... i am sure there is no reciprocity between washington and moscow:nanana::nanana:

brian5 03-22-2013 08:42 AM

Just wanted to provide update in case anybody else happens to have to deal with a North Carolina speeding ticket... Mine was for going 82mph in a 60mph zone.

I selected a law firm (Remington&Dixon) that covered all costs (their time for court appearance; court costs & fine) for a flat $375 up front. They were on AVVO.com and had decent ratings. No other estimates were below $400. The biggest time-waster for me was going to the DMW in CT to get a copy of my Driving History (which was clean).

This was the message that I got from the lawyer yesterday (and I've asked them to mail me "proof"):
"We appeared in court on your behalf today and were able to get your traffic charge reduced to a charge of speeding 9 mph over the speed limit. If you do not have any other moving violations or at-fault accidents in the previous three years, this reduction should not affect your insurance rates. All court costs and fines have been paid."

So it all ended as well I could hope for :)

blktoptrvl 03-22-2013 09:08 AM

Quote:

Originally Posted by brian5 (Post 928375)
...If you do not have any other moving violations or at-fault accidents in the previous three years, this reduction should not affect your insurance rates. All court costs and fines have been paid.[/I]"

It has been about 20+ years since my last MV (knock wood and everything else I can find). But back then any MV no matter how clean your record resulted in a hike in rates for 5 years. This was the same policy with 4 of the major insurers I queried. Have things changed that much whereas it is more likely that rates will NOT go up?

AzNMpower32 03-22-2013 07:05 PM

Quote:

Originally Posted by blktoptrvl (Post 928385)
It has been about 20+ years since my last MV (knock wood and everything else I can find). But back then any MV no matter how clean your record resulted in a hike in rates for 5 years. This was the same policy with 4 of the major insurers I queried. Have things changed that much whereas it is more likely that rates will NOT go up?

I think it's 3 years now. When my parents and I switched insurance companies, they only searched/asked for 3 years of moving violations. Depending on the severity, the rate hike may not be that much esp. if its just +9 over the limit.


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