North Carolina

How to fight a speeding ticket in North Carolina?

No person shall drive a vehicle at a speed greater than is reasonable
and prudent under the conditions then existing. §20-141(a)

Getting a speeding ticket can be a costly experience. Not only will
you have to pay a fine and have points added to your license, but your
auto insurance rates could go up as well. Many people want to know how
to fight a speeding ticket in North Carolina in order to avoid these
costly consequences. It is important to know your rights and the
unique traffic laws in this state in order to fight your traffic
ticket the most effectively.

speeding ticket fight

How to fight a speeding ticket in North Carolina?

One common assumption is that if you fight your ticket in court and
the officer does not appear on the day your case is heard, then your
case will be thrown out. This can happen some of the time but usually
the officer will be in court because he has scheduled all his traffic
ticket cases for a certain day. You will need to have another strategy
to know how to fight a speeding ticket instead of simply hoping the
officer will not show up in court. One thing you can do when you get
pulled over is too politely explain your justification for the
violation and ask for a warning instead of a ticket. If you can
accomplish this calmly and intelligently, the officer may comply with
your request. If you end up getting a citation anyway, another action
you can take is to contact the District Attorney’s office in the
county where you received your ticket. Talk with the prosecuting
attorney scheduled to handle your case and ask if there are any plea
deals that can be worked out before your scheduled court date. Without
admitting any wrong doing, sometimes a plea arrangement can be worked
out that can reduce the charges or dismiss one of the charges if you
were charged with multiple wrong doings. You can also accomplish this
by arriving early to your court appearance and speak to the
prosecuting attorney before you have to stand before the judge.

In North Carolina traffic citations are usually grouped together by
the number of miles you were caught speeding at. The lowest category
is going 9 miles over the speed and the second category is considered
traveling 9 to 15 miles over the speed limit. The most severe speeding
violation is considered for those traveling 15 miles and over the
mandated speed limit. Usually the prosecuting attorney will be able to
drop down a category which can save you considerable fines and points
on your license so be sure to ask if this is possible. If you
accumulate 12 points over a three year time span in North Carolina,
your license will be suspended. Littering from a vehicle will add 1
point to your license. Failure to stop for a siren, driving without
liability insurance, running a stop sign, and speeding more that 55
miles an hour will each get 3 points added to your license. Aggressive
driving will earn you 5 points. It is important to understand your
rights and be vigilant with your case in order to reduce or get out of
your traffic violation.

Statutory Speed Limit: 70 MPH on the interstate highway system or
other controlled-access highways1 §20-141(d)(2)
Highway Work Zone: There is a fine of $250 (mandatory) for exceeding
the speed limit in a highway work zone. §20-141(j2)

The North Carolina Point System And Defensive Driving

When you get 12 points within a three-year period, you could have your
license suspended. Driver Improvement School you can  have points
reduced. When you accumulate seven points on your license, for
example, you might have to take a Driver Improvement School, which
costs $50. Once you complete the course, you will have three points
taken off your record.

The following points have been assigned to speeding or speed related
offenses: reckless driving-4 points (5 points if operating a
commercial motor vehicle); exceeding the posted speed limit of 55
MPH-3 points (4 points if operating a commercial motor vehicle);
exceeding the posted speed limit in a school zone-3 points (4 points
if operating a commercial motor vehicle); and, all other speed
violations-2 points (3 points if operating a commercial motor
vehicle). §20-16(a)(5) & (c)

Commercial Motor Vehicle (CMV) Operators

Grounds for Disqualification : A person is disqualified from operating
a CMV if while driving such a vehicle he/she either (1) commits 2
“serious traffic violations11″ 292 within a 3 year period or (2)
commits 3 such violations within a 3 year period. §20-17.4(d)

Period of Disqualification : 2 serious violations (within 3 years)-60
days; 3 serious violations (within 3 years)-120 days. §20-17.4(d)

Period of Mandatory Disqualification : 2 serious violations (within 3
years)-60 days; 3 serious violations (within 3 years)-120 days.
§20-17.4(d)

Commercial Motor Vehicle: A person who commits a violation in a
commercial motor vehicle for which points are assessed may be further
assessed double the amount of any fine or penalty authorized by law.
§20-16.01

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