Recently, I blogged about limitations on a judge’s authority to enter a disposition of prayer for judgment continued in speeding cases depending upon the speeding charge. (You can read that post here [1].) The recent discussion regarding judgments in speeding cases begs the question of why specific speeds are part of the adjudication in the first place.
A person can violate the speed restrictions that apply on North Carolina roads in one of three ways: (1) by driving at a speed greater than is reasonable and prudent under existing conditions ; (2) by exceeding maximum speed limits; or (3) by operating a vehicle at less than a minimum posted speed. See G.S. 20-141. Generally speaking, speeding is an infraction — a noncriminal violation of the law — punishable by a penalty of not more than $100. Driving on a highway at a speed of more than 15 miles per hour over the speed limit or over 80 miles per hour, however, is a Class 2 misdemeanor, punishable by up to 60 days imprisonment, depending upon the person’s prior record level.
A plain reading of the statute reveals that charges involving the second variety of speeding (which is commonly referred to as exceeding the posted speed, though there is no requirement that the speed be posted unless it is higher or lower than the presumptive 35 mph inside municipal corporate limits or 55 mph outside municipal corporate limits) require only a determination of whether the person drove a vehicle on a highway in excess of the maximum speed limit by driving more than 15 mph or by driving more than 80 mph, in which case the person committed a misdemeanor criminal offense. Otherwise, the offense is an infraction.
But in many speeding cases involving charges of exceeding the maximum speed, both the charges and the determination of the person’s responsibility (in the case of an infraction) or guilt (in the case of a misdemeanor) is far more precise. The citation issued to a defendant often, but not always, specifies the rate of speed (and, indeed, may even specify the rate of speed registered by radar, which can be different from the speed “charged” on the citation). And, as noted in my earlier post, those charges may be changed by the district attorney before the case proceeds to trial. When a defendant pleads guilty to a speeding charge in which the specific speed is alleged, the defendant pleads not just to speeding but to driving a specific speed in a specific speed zone. In a bench trial in district court, the judge may find the defendant not responsible or not guilty of the charged offense or responsible or guilty of the charged offense or a lesser included offense. The infraction of exceeding the maximum speed is a lesser included offense of the misdemeanor. In addition, unless the speeding charged is speeding more than 25 miles per hour over the posted speed limit, a violation of G.S. 20-123.2, which prohibits driving a motor vehicle on a highway without a working speedometer, is a lesser included offense of speeding.
If a defendant is found guilty or responsible in district court for a violation of G.S. 20-141, the judge may find the defendant guilty or responsible not only for speeding but also for driving a particular speed, which, again, is a determination that may have collateral licensure and insurance consequences. The same holds true for the jury in superior court.
A judge may enter a prayer for judgment continued in a speeding case, subject to the limitations mentioned in the earlier post. The entry of a prayer for judgment prevents the conviction from being considered by DMV for license points and revocation purposes (until the third or subsequent prayer for judgment continued in a five-year period) and from resulting in the accumulation of points under North Carolina’s Safe Driver Incentive Plan.
It also bears mentioning that many speeding violations are waivable offenses. The Conference of Chief District Court Judges promulgates annually a list of traffic offenses for which magistrates and clerks of court may accept written appearances, waivers of trial, and pleas of guilty or admissions of responsibility. The traffic offense waiver list effective for offenses committed on or after December 1, 2008, is available here [2]. Speeding is a waivable offense so long as the speed driven does not exceed 80 mph and is not more than 15 mph over the speed limit if the speed driven is over 55 mph. A person originally cited for a nonwaivable speeding offense may, upon the district attorney’s reduction of those charges to a waivable charge, dispose of those charges by waiving appearance and trial and pleading guilty or responsible to the magistrate or clerk and paying the applicable fine and costs.
105 Comments To "Do You Know How Fast You Were Driving?"
#1 Comment By jody k. dunn On October 11, 2009 @ 9:12 PM
i grew up in north carolina but now posess a florida drivers license.while visiting north carolina recently i received a speeding ticket for doing 80 miles per hour in a 60 mile per hour zone.there is a factory recall on my vehicle for faulty guage cluster to include speedometer.all this can be documented.i could use some legal advice as to what my options are if anyone who might see this blog could be so kind as to help me.i have a mandatory court appearance but the officer couldnt tell me what my fine was and took great delight in informing me the judge could take my florida license if he wanted to.thanks for any feedback.GO HEELS.P.S. WATCH YOUR SPEED IN BRUNSWICK COUNTY NORTH CAROLINA BETWEEN WILMINGTON AND CALABASH OR YOU WILL END UP MAKING A CAR PAYMENT ON ONE OF THOSE MANY NEW SHINY DODGE CHARGER CHASE CARS THAT BELONG TO THE SHERIFFS DEPARTMENT.I GUESS PROGRESS DOES HAVE A PRICE AND ITS BEING PAID IN FULL AT A HANDSOME PROFIT BY THE SAME HARD WORKING PEOPLE WHO MAKE THIS GREAT COUNTRY WHAT IT IS.MAYBE ONE DAY WE CAN TURN THE TABLES AND FORCE THESE BANDITS TO GET A REAL JOB.
#2 Comment By KT On September 6, 2016 @ 12:01 PM
Hey, i also recently got a ticket for speeding 87 on 65 in NC. I was driving back to florida and got a citation with a court date, would you please advice me how you solved your case and how much it costed you entirely? Thanks
#3 Comment By Yenisel On March 19, 2017 @ 11:23 PM
Hey what ever happened to the case? I’m on the same boat.
#4 Comment By Rohan Kinhikar On March 30, 2017 @ 8:43 AM
Hi Yenisel,
I too have received a mandatory court appearance citation for speeding in NC – hendersonville. (83 mph in 65mph zone – Interstate). Do you have similar citation ? I haven’t hired a lawyer and this is my 1st Traffic ticket. Let me know what’s your situation.
#5 Comment By OBXconsumer On May 3, 2017 @ 3:57 PM
87! You are lucky you did not get thrown in jail. You cannot say you did not realize how fast you were going – be real. 87??? WOW – you are lucky you didn’t take off and fly.
#6 Comment By BeachWitch On September 17, 2017 @ 11:59 PM
Take off and fly? At 87? Really? You are aware that parts of 40 and 77 are 70 mph, right? at those speeds, it is quite easy to hit 87 … they should be glad they didn’t hit 88 and go back in time. HA!
To the others … just talk to a lawyer and see what they advise. I was stopped doing almost 75 in a 55 and just paid the ticket but I had a good lawyer who got it reduced.
#7 Comment By Flora Horne On December 27, 2017 @ 8:30 AM
i just got the same ticket and im 17 and im super stressed, what do i do
#8 Comment By Slade On January 16, 2018 @ 12:24 PM
I was charged with doing 94 mph in a 55 mph once in Spring Lake NC. I am surprised the cop didn’t put me in the back of his patrol car in cuffs, instead of handing me a ticket to appear in court. But that’s what happens when you are a 24 year old kid driving a hot rodded S-10 with a V8 engine.
#9 Comment By Roderick On May 2, 2018 @ 4:23 AM
What happend
#10 Comment By Allie On June 8, 2019 @ 1:20 AM
What ended up happening with that?
#11 Comment By Lynn On March 5, 2020 @ 12:18 PM
Can I ask what happened? My son driving 95 in a 70.
#12 Comment By Tom On March 2, 2017 @ 7:44 AM
Maybe you should just do the responsible thing and follow the speed limit; you were the one operating the vehicle, you were at fault.
Just like it’s your responsibility to ensure the upkeep of your vehicle.
Blaming law enforcement for your own actions is childish.
#13 Comment By Chauncie On April 21, 2017 @ 1:10 AM
maybe you should post a useful comment instead of being a douche. These are people who committed minor violations and asking for legal help, not a finger wag for breaking the law. go back to your glass house
#14 Comment By Rita On July 21, 2018 @ 9:00 AM
TOM IS RIGHT ALL THESE PEOPLE SHOULD SIMPLY DO THE DAMN SPEED LIMIT..NOT ONLY IS EVERYONE WHO SPEEDS RISKING THERE LIFE ..BUT EVERYONE AROUND THEM ..AND IF I HAVE TO EXPLAIN THAT TO YOU OR ANYONE ..YOU OBVIOUSLY DON’T UNDERSTAND ANYHOW
#15 Comment By Dj On August 12, 2018 @ 10:14 AM
Hello I am 60 and only had one ticket since driving at 15 you do the math. However I never adgreed to the set speed limits anyway. I can safely operate my motorcycle at 50 on gravel road. Thieves stop selling our money to build road for 70 plus and then telling us not to. I am sad to be an American where the government is trying to put us in the poor house or jail. US veteran
#16 Comment By Brandon Teagle On March 12, 2020 @ 8:07 PM
I have a speeding ticket of 98 in a 60 on the highway coming from Fayetteville to Greensboro is a 80 mile straight shot with no traffic I had my car on sport mode and didn’t realize how fast it was going as I believed I was maintaining a speed of 85 I haven’t been in any traffic trouble all 2019 but I have a speeding ticket from 2016 and a accident 2018 and I was wondering if I could attain a prayer for judgement
#17 Comment By wilson On May 28, 2013 @ 5:20 AM
i am navy sailor who was heading home from deployment to see my family, i was unaware that i had exceeded the speed limit(88mile) till the officer told me. i have a summons to appear in court. i would like some advise as to what will transpire when i appear in court. email: [8]
#18 Comment By Julie On April 24, 2015 @ 10:02 PM
I just sent a reply/question to your post concerning speeding ticket in NC. My 22 yr old daughter is in the same situation. What was your outcome? Any advise for my daughter?
#19 Comment By C Robets On January 6, 2016 @ 2:24 AM
They can take DL fr what I’ve read but it sounds like it’s really up to the judge and prior record history . I wish y’all luck
. Also $100 court cost . I think the best thing to do is hire a lawyer and get the ticket reduced .
#20 Comment By John On May 25, 2015 @ 11:39 AM
My daughter received a NC ticket for 90 in a 65. How does one get in touch with district attorney in hopes that it can be reduced from non-waiveable to waiveable so that she can pay fine and not go to court? Is this the best plan of action? She is 19, from SC and has no prior violations. Thank you. Please send response to my email also.
#21 Comment By james meyer On August 19, 2015 @ 3:12 PM
i was pulled over going 90 in a 65 today in NC, i live in NJ and was dropping my sister off at college. Were you able to any info on how to just pay a fine and not have to go to court because its a 7 hour drive for me an i would have to take 2 days off of work. Any help would be much appreciated.
#22 Comment By Stephanie On September 14, 2015 @ 12:38 PM
I’d like to know,too. I live in MD and got a ticket yesterday ,heading home thru Wilmington and he clocked me @88 in 70. Did you ever find out if its possible to pay without appearing? The trooper told me that I have to appear because its a class 2 misdemeanor. Or I can get a lawyer to represent me. Represent me in my absence, or in my presence? Please help, I’m freaking out 🙁
#23 Comment By Oluwaseun On November 30, 2019 @ 10:05 AM
Pls how do you resolve this it happened to me yesterday
#24 Comment By Demetrius McKinney On February 29, 2016 @ 6:48 AM
May I ask you what you did for your situation I am in the same boat currently and I’m gulf shores Alabama? 12 hour ride I never got a speeding tickets and I was headed to work in a company truck going 83 in a 55
#25 Comment By Corrinne On August 8, 2016 @ 10:04 AM
You can have an attorney represent you in your absence. The rate of speed can be reduced down if the judge decides to do that but either you or an attorney must be present to dispute this ticket because it exceeds the posted speed limit by more than 15 mph.
#26 Comment By Leslie Martin On March 8, 2017 @ 1:22 AM
Hire a lawyer anytime you dealing with NC
#27 Comment By OBXconsumer On May 3, 2017 @ 4:00 PM
!!!90 MILES PER HOUR !!! AGE 19?? Should take her license away and you should be glad they did and that she is still alive. I can’t believe this.
#28 Comment By Aaron On November 21, 2017 @ 8:33 PM
What are you talking about, I live in Raleigh and driving down 540 you WILL move with the flow of traffic at a 90-97mph pace. I was a local law officer for years and will tell you your local sheriff is your best friend in this situation. No one like HP!
#29 Comment By Gilberto On November 21, 2018 @ 12:17 PM
Yeah I as just ticketed for doing 83 in a 65 near concord. I honestly didn’t even notice i was doing over 80 I thought I was doing 75 and since the zone before is 70 I thought I was ok. When he said 83 I freaked out since i was going a little bit slower than the rest of traffic, mostly since people had been cutting me off so I tried to stay back. Maybe because I was in a mustang? Anyway, is there anyway to make sure my insurance won’t go up I’m a college student and I can’t afford it.
#30 Comment By Little Shortyy?? On June 10, 2019 @ 6:47 PM
Could I go to jail for going 72 in a 55
#31 Comment By Betsaida On July 4, 2017 @ 11:03 AM
I do not live in NC. I am from PA and the laws are very different. What was the turn out for your daughter? I just got pulled over for 89 in 65.
#32 Comment By Flora Horne On December 27, 2017 @ 8:38 AM
Hi! yesterday i just got a ticket for going 74 in a 55 zone–i didn’t even notice– i’m 17 and i have never had any other offenses. i have a mandatory court date. i’m super stressed because i’m 2 weeks away from getting my full license. my mom says she is going to get a lawyer, but i’m pretty new to this and i don’t know anything about this. If someone could give me some input and help me i would appreciate it so much.
#33 Comment By Kathy On February 6, 2020 @ 10:44 AM
It doesn’t cost any money to call a lawyer. They will tell you their fee and what they will do for you. These lawyers are in court every day and they know how the system works. I would call a few lawyers and get a quote for fees from all.
#34 Comment By Ashley Brady On May 31, 2018 @ 12:58 AM
How did it go because I’m in the same situation and I’m freaking out.
#35 Comment By Chad On August 7, 2020 @ 10:21 PM
Can’t. If your going over 80 mph on an bc state highway you have to go to court you have no choice
#36 Comment By Nick On June 13, 2015 @ 1:02 AM
I recieved a speeding ticket from a mp who stated he clocked me doing 71 in a 45, not the speed limit had just changed from 55 to 45. Anyways he sayed he cloecked me in doing 71 in a 45 about a mile outside of post, now there is no way I could have been going that fast I had just entereed the freeway to get on to post and it is about a mile to post. Can a mp write me a ticket out side of ft. Bragg
#37 Comment By clint On July 18, 2015 @ 4:09 AM
A cop gave me a ticket for 100 in a 65 he did not have me on radar Or anything I had my cruise control set at 74 and when he pulled me over I showed him that on my dash He Sid he was pacing me but he was never behind me my daughter called him a liar and that made him mad
#38 Comment By Larry On November 17, 2015 @ 8:37 PM
Pacing is not accurate AS HE WAS INCREASING SPEED AND JUST GAVE YOU A TICKET FOR HOW FAST HE WAS GOING NOT HOW FAST YOU WHERE GOING HE IS AN ASS AND EASY TO BEAT IN COURT. GET A LOCAL TRAFFIC LAWYER AND PAY HIM TO FIGHT IT FOR YOU. they KNOW THE FOLKS THERE AND WILL GET IT REDUCED TO A REASONABLE AMOUNT.
#39 Comment By Christopher On March 10, 2016 @ 3:25 PM
pacing is entirely accurate; the officers establish a speed at which they are not gaining or losing distance from the violator, check their speedometer to verify their speed, then close the gap. It is easily done in just seconds; think about it when you’re on the highway and are gaining on a car in front of you, you quickly and easily match their speed to avoid a collision.
#40 Comment By OBXconsumer On May 3, 2017 @ 4:06 PM
If I was going 100 miles per hour – I don’t care what my speedometer says – I would realize THAT. 70 miles per hour is really fast – it is more than fast enough – 85 to 100 miles per hour is ridiculous. You should be glad you got pulled. Even if the policeman said 100 and it was 90 – you should be in jail.
#41 Comment By Jim On August 19, 2017 @ 10:00 AM
You have not left one single helpful reply on this blog. People make mistakes and are asking for advice. Now, put down your stones before you break your glass house.
#42 Comment By Slade On January 16, 2018 @ 12:30 PM
I don’t see how a cop can pace you and have it hold up in court.
#43 Comment By Dameatrae Hodge On August 8, 2015 @ 11:27 PM
Hello,
I live in North Carolina. I am 26 years old. I got a citation today for driving 83 mph in a 65 mph zone. This is my first time being stopped for speeding. However in February 2013 I did receive a failure to yield right of way. That case was dismissed though. Will that still have an effect on my case for speeding? Is it possible to get the nonwaivable misdemeanor reduced to a waivable?
#44 Comment By kelsey nh On October 17, 2017 @ 7:54 AM
Hi what was the outcome of this? I am facing the exact same charge. First offense ever, 83 in a 65 in North Carolina.
#45 Comment By Bri On November 1, 2015 @ 8:14 AM
I just received a speeding ticket in NC going 91 in a 70 on the highway. The State trooper said it was a mandatory court appearance and there was no fine information included on the ticket. I need some advise on this, I have received a ticket in almost 10 yrs and that one was in another state. Is there anyway I can just hire a lawyer and not need to appear?
#46 Comment By Christopher On December 14, 2015 @ 2:48 PM
Due to the speed it’s a non-waivable offense, so you, or your representative (lawyer) have to appear in court. If the speed were lower you’d have been able to admit guilt or responsibility and just mail in a check to pay the fine, but due to the speed someone needs to show up. You are gonna get plenty of junk in the mail from lawyers, pick one and go with it if that’s what you want to do instead of going to court yourself 🙂
#47 Comment By Cphaneuf123$ On November 19, 2019 @ 10:18 PM
I just got a ticket just now for 83 in 70 zone. If you would have to guess what will the fine be or will it get dropped? And if it gets dropped will insurance go up??
#48 Comment By Ronald On April 16, 2016 @ 2:47 PM
Hey can you let me know how things worked out for you. I’m in the same boat got caught doing 90 in a 60 mph zone. Any advice would be much appreciated
Thanks again I’m freaking out
#49 Comment By Jaz On September 28, 2017 @ 10:10 PM
What happened with your case ?
#50 Comment By Mark On November 18, 2015 @ 2:25 PM
Hey Bri,
Did you get you case solved. I got ticket at I-77 for going 87mph at 65mph. What was the hearing from the court? Will it be a misdemeanor or reckless driving?
Mark
#51 Comment By james On December 13, 2015 @ 9:08 PM
Hi I got a ticket for driving 87 mph on a 65 mph any body with the same problem? Can you please let me know how it worked for you
#52 Comment By Richard Ṃ On December 16, 2015 @ 6:39 PM
I have been driving for 50 years , and have never gotten a moving violation or caused an accident because I adhere to the posted speed limits , signal before turning or changing lanes , fully stop at stop signs and so forth . I cannot afford the penalties and insurance costs as well as wanting to be safe so I leave early for appointments and give the cops no excuse for stopping me . Anyone who cannot tell they are going 20 mph over the limit should not be driving at all . Anyone who intentionally speeds deserves the inconvenience and costs . Don’t whine , just pay up.
#53 Comment By Sue On April 9, 2017 @ 1:30 PM
I cannot imagine that at some point you have not exceeded the speed limit. I find it interesting that a few of you act as though you have never sped. PLEASE…In fact, I was just pulled over. I was with 2 semis and 2 other cars when I was pulled over. It was after midnight and we were travelling with the group. In ALOT of the states if you are with a group it is considered “flow of traffic” and if you are caught interupting that “flow” then you can be ticketed for that as well.
There is NO ONE that at SOME POINT has not exceeded the speed limit whether knowingly or not knowingly. So BEFORE you get on this site and rant about what an amazing driver you are and pass judgement on ANYONE who has received a traffic ticket……WATCH YOUR SPEEDOMETER A BIT CLOSER!! You have MOST DEFINITELY sped at some point whether by 3,4,5 or 20 mph!!!! And if MOST people were HONEST….we have ALL done something that we could have been pulled over for or given a ticket for!!!!
NOT BUYING YOUR INNOCENCE! sorry……
#54 Comment By RichieM On September 19, 2017 @ 6:53 PM
I did not say I never exceeded the speed limit, but that I have never been ticketed. The only time I have felt comfortable risking going over the limit is in a ” convoy ” of cars, so to speak, all traveling at the same speed. Generally a cop will get either the first or last car in a group and tucked in the middle seems to be the safest place. But that is the rare exception for me, not the norm. More important is using signals, maintaining distance and if you have a radar detector , so much the better. None of us are innocent, but some of us are discreet.
#55 Comment By Slade On January 16, 2018 @ 12:37 PM
In other words, you have most likely broken the law, you just haven’t been caught. Yet you are quick to chastise those have.
If I get caught, I own up to it. But I’m not about to wag my finger back in forth like I’m totally innocent.
Thank you for exposing your hypocrisy, Richard.
#56 Comment By Asia On December 20, 2015 @ 2:58 PM
i was going 71 in a 45 about how much would y ticket be i didnt have a price on the ticket i only had my court date. can i pay it off before the court date ?
#57 Comment By Victor Kokiko On March 10, 2016 @ 10:20 AM
Hello, I just received an 88 in a 50 mph zone ticket. I just needed to know what is the best way to approach this situation. 19 with a Ford Mustang, also was in a hurry to get my friend to a golf match. It was Sunday at 8:45 in the morning and there was no traffic and no cloud cover. My email is [9]
Thank you- Victor #gopirates
#58 Comment By Christopher On March 10, 2016 @ 3:23 PM
Youre gonna get a ton of mail from lawyers, my advice, hire one to save you the points on your insurance. Most companies don’t look too kindly on almost double the speed limit.
#59 Comment By OBXconsumer On May 3, 2017 @ 4:13 PM
I will save everyone the time and just say this – GET A LAWYER!!! And whatever you do, try to go first in line because after a judge sat there all day listening to lame excuses and letting some off and not others, he heard a case where a guy fell asleep at the wheel and killed someone so the next guy who sped over 15 mph got slammed with the worst possible penalty. The sooner you tell your lame story the better – people are getting killed out there so slow the heck down!! Your reason is not a good excuse unless you have your flashers on and someone in your car is dying on the way to the hospital.
#60 Comment By nancy On March 10, 2016 @ 8:08 PM
My daughter received a speeding ticket for doing 77 in a 55. This was on her way home from college on the 74 corridor where the speed drops down from 70 to 55. Several cars were pulled over with her in the middle. What is her best change?
#61 Comment By Henry On March 21, 2016 @ 12:57 PM
I was charged for speeding 88 on 70mph highway. First time ever being pulled over I live in Boston, do I have to hire a lawyer in North Carolina to represent me in court? Or can I hire one from Boston and some how do it over the phone? I just don’t want to go all the way to North Carolina for court hearing. What is the best way to approach this? Please help.
Email: [10]
#62 Comment By Jonathan Mixson On April 18, 2016 @ 4:55 PM
I got a ticket in July 2007 going 115 in a 55 mph zone. I went to appear before the court before the court date was supposed to occur, and the judge fined me $100 and court fees. When I came back from deployment, I got a year long suspension (August 2007- August 2008) from driving in the state of North Carolina. Once I got my South Carolina license renewed, I found out I’m apparently on hold in NC because of that ticket from so long ago. I have no idea what’s going with that, and I’m not sure how to clear it up. I tried calling the NC DMV and just kept getting transferred until I couldn’t wait anymore and had to go back to work. Is there any way to clear this up?
#63 Comment By Roderick On May 2, 2018 @ 4:28 AM
Did your car insurance go up a lot
#64 Comment By Ashley Shomaker On April 26, 2016 @ 4:52 PM
I recently received a ticked in Anson county coming home from the beach. The ticket is for 85 in a 55. I have one prior speeding ticket that was reduced to improper equipment and no points on my licence. I’m terrified I’ll loose my licence and I have no clue how to proceed
#65 Comment By Scott On April 24, 2017 @ 9:22 PM
Ashley
About a month ago I got a ticket for 82 in 55
Zone. I too, was scared to death, though I was driving like a jerk which is unlike me. I was charged with reckless driving. I hired a lawyer for a$560 fee and did not have to court. She struck a deal today that dismissed the reckless driving charge and reduced my speed to 9 mph over. So my insurance rates should not increase and I’m going to slow down
#66 Comment By OBXconsumer On May 3, 2017 @ 4:16 PM
You are very lucky and your lawyer was worth every penny.
#67 Comment By laurel elliott On May 28, 2017 @ 8:40 PM
Hey Scott, Please tell me who your lawyer was. I was just stopped in NC this morning doing 84 in a 70, & rec’d a mandatory summons to appear. I live in CT & was visiting my Dad. I cannot go back to NC for a mandatory court date 7/13/2017. Thanks! Laurel Eliiott
#68 Comment By Melissa On June 15, 2017 @ 10:18 PM
I know someone who used Bell & Bell out of Huntersville, NC and they too live out of state and did not have to appear but had to pay the lawyer to appear on their behalf. the mph were reduced as well so no considered a class 2 misdemeanor.
#69 Comment By Jo Ann On July 7, 2017 @ 10:27 AM
Hi Scott, who was your lawyer? I need to contact her for my grandson. Thanks for your help
#70 Comment By Joe d On September 4, 2017 @ 7:18 PM
Scott, can you please share the lawyer name and number.
Thanks, Joe
#71 Comment By Lily On September 30, 2017 @ 9:46 AM
Can you mention the lawyer name please and contact info
#72 Comment By Brian On October 16, 2017 @ 1:47 PM
Scott what county were you in? I received the same tickets and my lawyer is telling me he may only be able to get the careless and reckless dismissed and a 15mph over, which isn’t good at all.
#73 Comment By Hemanth On December 7, 2019 @ 12:48 AM
Hey could you please send your attorney’s details
#74 Comment By Karol On August 11, 2018 @ 5:46 PM
Hi Ashley is there a way that you can let me know what happened with your case? I am in the same situation
#75 Comment By Lindsay On May 18, 2016 @ 8:53 AM
My husband was test driving a car with a clutch problem (he’s a mechanic) – he shifted into 4th and the clutch stuck and he leaned down to unstick it and got pulled over for 70 in a 50. Seriously this happened within a 1/4 mile of his shop. He wasn’t intentionally speeding. So it’s a class 3 misdemeanor from what I’ve read. The owner of the dealership where he works gave his lawyer my husband’s ticket and talked about trying to get it reduced, however we haven’t heard anything about it and when he asks they tell him it’s being taken care of but court is Monday, we haven’t seen or signed any papers yet or paid anyone, and he’s going to make them tell him something today, but I’m getting worried. He has 5 or more felony and misdemeanor convictions in another state but they’re over 10 years old. Will those convictions be considered in the “prior convictions” used to determine the penalty he gets? Can he ask for a Prayer for Judgement continued if we end up going to court Monday with no lawyer?
#76 Comment By Paul C. On June 19, 2016 @ 6:57 PM
I got an 80 in a 55 in Durham County NC, rushing to a dialysis appointment where my dialysis time is reduced by the amount of time I am late, so, I was concerned for my health. Is this ANY help in getting the ticket adjusted or reduced?
Since “Prayer for Judgement Continued” is allowed up to 25 over the speed limit (and this was JUST 25 over), would that be my best move? Is “Improper Equipment” a possible reduction move? I have NO tickets, points or accidents on my record in ANY jurisdiction in 45 years of driving. Now that I see that it is NOT a workable strategy to speed to dialysis, I won’t be speeding any more, and I could make a PJC work, but “Improper Equipment” could also help me avoid DMV and Insurance points. Whats my best option? Should I hire a lawyer? BTW, it was a clear day in open, farm country, light traffic, no work or school zone. He also gave me a “Warning Ticket” for “Other Non-Hazardous Violation” (Lane Change). He claimed I was “weaving,” but I explained I was just maneuvering to make a safe pass of the slower cars ahead of me, and that, at NO TIME was the vehicle out of control. Well that “warning” have any bearing on the speeding ticket?Also, how do you approach getting what you want to actually HAPPEN? Just ask them? Or, let the ADA suggest it to ME?
#77 Comment By Nick On August 24, 2016 @ 1:08 AM
I was heading to work on the highway that said 65, I didn’t notice that i was driving at 86m/h. I am 18 and a college student. I don’t know what to do, should i seek legal help and how can avoid court since i live in school and the court i have to attend to is 6 hours away which is back home.
#78 Comment By Ranata On September 18, 2016 @ 5:51 PM
I recently received A ticket for driving 97 in a 65, and due to the speed I have to appear. Do you have any information that could help me with this situation?
#79 Comment By Cinthya Gonzalez On February 4, 2017 @ 2:22 AM
Can you please reply and tell me what happened? I’m terrified right now.
#80 Comment By thereallittlemermaid 93 On February 18, 2020 @ 9:29 PM
What happened in your case
#81 Comment By caszmere bethea On November 14, 2016 @ 2:11 PM
what do i do if i am 18 and got my first speeding ticket in nc 79mph over 55 and i dont even think i was going 79 he was on the oppsite side of me and i was coming up a hill.
#82 Comment By Michael Bennett On November 19, 2016 @ 10:26 PM
From what I have experienced is that if you dont drive fast you wont have to argue your case in court. Last ticket I got was for speeding 66 in a 55 zone. Most of the other tickets in court were for higher speeds, like 15 over the speed limit. From what I gathered the problem is that most people just dont watch their speed or are in a hurry and dont care. I heard excuse after excuse and the judge didnt want to hear it. My suggestion is dont be in the left lane and just ride with traffic and not faster. Most of the people that had lawyers or asked for prayer for judgement got a reduced fine or got the PFJ. Also dont speed and you wont get a ticket is what I took from the experience.
#83 Comment By beachgirl On December 7, 2016 @ 9:01 AM
Good luck. my son-in-law got an 83 in a 65 and got his license suspended for 6 months with no prior convictions.
#84 Comment By thatguy On December 31, 2016 @ 9:27 AM
Yesterday I was pulled over by an MP for going 75mph in a 55mph zone. This was on a part of Ft. Bragg by All American Trail that is open to civillians. Mandatory Court was marked on the ticket, no date set, he said they would mail it. I have never been to court for anything.
As a side note, I feel like I am going to get charged with more. I moved here about 6 months ago, but the only thing I have been able to to get is my NC drivers license. Going by my dad’s advice, he said not to bring up anything about my plate and registration being from out of state because right now, we don’t have the title for my car, the bank does. This has been an awful transition process and I don’t know if there’s anything I can do about it, now I’m gonna have to appear in court.
#85 Comment By Adam On January 7, 2017 @ 5:14 PM
Hello, so this is my first official infraction. (I got a written warning a couple years ago for speeding though). I received a ticket for doing 79 in a 60 on the highway, and I believe I have to go to court for it. What is your advice on this? I read somewhere that you can get a “reduction” for how fast you were going, but I’m not entirely sure how that works either.
#86 Comment By Esther On January 30, 2017 @ 11:29 PM
Hi Adam, I just read your qn, however I’m in the same situation. I was cited today for driving 17mph over. How did you resolve your situation? A little advice would help thanks
#87 Comment By No name On January 27, 2017 @ 7:45 PM
Hi I got a ticket for 82 in 65. I had a ticket around 7 yrs ago that was reduced to improper equipment. What is the most likely fine and or penalty when I go to court. I also loved on VA when younger and had a speeding ticket there as a teenager. What do you think is the best option for me.
#88 Comment By Jack On February 21, 2017 @ 3:04 PM
Hi, I just received a ticket after exiting off I-85 and ran straight into a 45mph zone. I am a SC Resident, but have lived and schooled in Charlotte. The officer said he got me going 61mph in 45 mph. When the officer took my license and registration and returned them, he said he reduced it to 9 mph over. So 54 in 45. I’m planning to go to the court, not to necessarily fight it, but see what happens. I have a clean record and drive 40+K miles a year. What should I expect? Please send your reply to my email or share it.
#89 Comment By nick On March 9, 2017 @ 7:54 PM
i got pulled over right outside of fort bragg by mp’s Somebody was going under the speed limit of 55 on manchester road, and i drive a station wagon, so i cant accelerate well on flat ground, waited till i was on top of a hill in a passing zone, drove passed the car, and turned back into my lane right as the passing zone ended. Military police were coming in the opposite direction, clocked me going 78 in a 55. i slowed down to the speed limit after passing and they turned around and pulled me over, and gave me a ticket for passing in a no passing zone and speeding.
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#90 Comment By Rohan Kinhikar On March 30, 2017 @ 8:48 AM
I was speeding at 83mph in 65mph zone in NC. I have received mandatory court appearance citation. Can anybody here give me any idea on how should I proceed ? I dont any prior violations related to driving.
#91 Comment By Jackie Cha On May 6, 2017 @ 10:58 PM
About 90% of this comment make me laugh. Going 70+ mph in city/town? Really? I understand if it is 80 in interstate but wow…. This is too funny. Plus why would anyone go 100 over in the interstate? The max speed I seen someone done was 80mph in those. I seen someone go over 80mph+ in the highway and get pull over. Mostly in highway, 15+ over the speed limited are mostly okay. I always see people go 20+ mph and get pull over all the time. Highway are different and speed are different from 55mph to 60mph. Not the same as interstates. City limits in NC are always 25 otherwise posted around. Sometimes it is posted as 35mph zone. You mostly see highway enter to city limited zone which cause many folks go off guard many times. Funny to read all this comment everywhere. Here is a thing to tell you guys. If you are in the city limited zone in NC, speed limit are mostly 35 in main road. Back road in city limited zone are 25 mostly depend where you are at. If you are not sure then go around 30mph in that area until you see the speed limited posted. Highway are mostly and will lightly be 50-60mph posted. Interstates are from 60-75mph posted depend where you are at. 60-65mph in the interstates are mostly in construction zone. Sometimes in construction zone in the interstates sometimes go below 55mph depend how heavy the construction zone are. If you don’t know about the road law, have to look it up first before enter the area. I always look it up first before start my travel to new states.
#92 Comment By Jake On May 15, 2017 @ 8:04 PM
North Carolina Cops (PIGS) Lie, CHEAT You and will Kill You. They and NC judges work in conjunction to screw you, they get fat at your expense.High paying wages and pensions at tax payer’s expense.I would not donate a nickle to them. They have taught me to not have any trust in Cops and the so called judicial system. Do you know why the lady on the justice scale is blindfolded? She can’t stand to look at cops, judges, and lawyers.
#93 Comment By Slade On January 16, 2018 @ 1:18 PM
Don’t do the crime if you can’t do the time.
#94 Comment By srihan On June 14, 2017 @ 1:13 PM
Hii, i received speeding ticket while i was driving from Atlanta to Fairfax virginia in Hillsborough county Highway in 65mph zone i was driving 86mph in midnight 2.00 am when road is clear no one on the roads, i was driving rental car… I dont have any tickets in the past and my court date is 0ctober 9th. so please help me what i need to do. my age is 28 and i am from india a masters student
#95 Comment By Bob Pritchard On August 1, 2017 @ 1:18 PM
Hey I got a ticket for going 89 in a 70 zone. This was 5 years ago when I was 18. I paid a lawyer my dad knows to “take care of it” but I just realized this infraction appears on my criminal record as a misdemeanor. Does anyone know if there’s anything I can do to get this off my record? Or is this just something I will have to live with?
#96 Comment By Thomas Pritchard On August 2, 2017 @ 1:59 PM
Hi I got a ticket for going 89 in a 70 Interstate zone. This was 5 years ago when I was 18. At the time, I paid a lawyer to “take care of it” but I just realized this infraction currently appears on my criminal record as a misdemeanor. Does anyone know if there’s anything I can do to get this off my record? Or is this just something I will have to live with?
#97 Comment By Slade On January 16, 2018 @ 1:32 PM
While testing the carburetor on my truck for hesitation (it had been having problems), I was clocked by a Spring Lake cop going the other direction, doing 94 mph in a 55. I hired JB Rouse in Fayetteville to represent me in court as I wasn’t able to make it. I had to have Speedometers Unlimited down on hwy 301 verify my truck had an accurate speedometer, and another shop had to write a statement of discrepancies. That was well over 15 years ago but if I remember right, they got it down to 9 over and improper equipment as the speedometer at the time was reading slower than what it should have. I’ve learned my lesson since.
#98 Comment By Steve On February 21, 2018 @ 4:59 PM
Some of these responses are ridiculous. Numerous traffic studies have proven that drivers going above 65 get in LESS accidents than those doing less because they tend to be paying more attention to the road, so save the argument about speeding being inherently dangerous as there’s no evidence to support it. We are talking about a minor traffic violation, not murder. This is the kind of thing that makes me want to move north.
#99 Comment By Alex On June 1, 2018 @ 11:09 AM
A friend of mine got a ticket going 90mph in a 45mph zone. And I was curious the consequences he will receive. I’m not sure why he was going this fast I think it was very dumb of him but his choice.
#100 Comment By Meg On December 19, 2018 @ 11:25 PM
Usually in traffic court the ADA will call you up to negotiate. In exchange for your guilty plea they will reduce the charges by some amount. Say if you were speeding 20 over, they might offer to reduce it to 9 over which will usually keep points off your license depending on your driving record. Or if it was 15 over they might reduce it to an improper equipment. If you had multiple charges they might offer to drop one charge and have you plead guilty to the other. The reduction is up to the individual ADA (assistant district attorney) but they are usually following some office guidelines.
The judge has the option of rejecting the deal you negotiate with the ADA but usually they will accept your guilty plea and plea bargain. The judge determines your fines if any, whether to waive court costs for extenuating financial circumstances, and potentially some other penalties such as writing a letter, or attending classes, depending on your charges and what kind of deal you are trying to get.
You may have heard of something called a Prayer for judgment continued or PJC where you basically plead guilty and pay some penalties but it doesn’t go on your record as a conviction. It is up to the judge whether to give you one if you ask. You can only get one every certain number of years so don’t ask for a PJC on a very simple ticket.
It helps if the officer wrote on the ticket that you were polite and cooperative, or if they are present and attest to the same. The cop who stopped you will not be present on a traffic admin day, so you cannot contest the ticket by pleading not guilty that same day. If you are pleading not guilty they will have you come back on a trial calendar for that.
Also, for some of these really high speeds like 30 over, you could automatically lose your license for a while, and depending on the judge, they might treat you better or worse (in terms of the penalties) if they have strong feelings about such reckless behavior.
Other good circumstances such as having no other recent speeding tickets, mitigating reasons such as broken speedometer especially if you have a letter from your mechanic, polite attitude with the judge (dressing nicely, being apologetic and taking responsibility, saying sir and ma’am might help) and an understandable situation that you might have been in when you were stopped, can help you gain more sympathy and hence more favorable treatment.
Simple traffic tickets can often be handled on your own with good results. You’re better off going to court to negotiate the charges down with the DA even if technically you can just pay it off. However, if you have a lot of other traffic violations on your record, if your speed was especially high, if you have more serious charges like careless & reckless or revoked license or DWI involved, if you live out of state, hire a local lawyer who knows the DAs and the judges in that county. They will help your case by having local knowledge and rapport, and by knowing how to paint you in the best possible light, the finer points of the law, what you can do in advance for the judge to see your case more favorably, and what kinds of creative solutions might be negotiated for trickier cases. You can find lawyers in the phone book or just wait for their solicitation letters to arrive in the mail. Even if you are still deciding whether to hire someone to represent you, you can contact some by phone and get their initial thoughts on your case free of charge. If you hire one, they’ll have you sign an authorization so they can go to court in your place if possible.
If you are going to court, take about $250 on speeding charges so you can pay the same day and you’ll avoid the $20 processing fee.
Finally, use the experience to get smarter about your driving. Speed absolutely is a factor in traffic related injury and deaths. Maybe those few extra minutes you saved weren’t worth it if you or someone else ends up in the hospital or worse. Think about it.
#101 Comment By goodwill On January 22, 2019 @ 1:28 PM
i just turned 17 i don’t have a licence and i got pulled over doing 80 in a 55 what could happen to me.
#102 Comment By Felisha Livingston On August 13, 2019 @ 4:00 PM
Hello. I live in NC-Hendersonville an was pulled over on sunday. Undercover state trooper “claims” he clocked me doin 66 in a 45 but when i passed him i was only doin 50 an the speed limit for this particular zone is 50. He couldnt tell me where he clocked me at an wouldnt allow me to see said radar gun. When i passed him i looked his way put he was looking out passenger window. How can he say he clocked me but couldnt tell me where he clocked me at. I also had my hazard lights on due to an emergency. Can anyone give info on how to go about beating this? I was given a citation and a court date!
#103 Comment By Phoenix Wright On September 19, 2019 @ 6:32 PM
call an attorney and pay them to have the ticket reduced to a non-moving violation. or fight the ticket and likely lose and have license suspended and insurance skyrocket.
#104 Comment By Cameron Oliver On April 23, 2020 @ 7:00 PM
I was driving on interstate 40 and got pulled doing 96 in a 65 I’m having trouble with my current lawyer and not sure what to do cause it’s my first offense ever and the citation said reckless driving with incriminating speed
#105 Comment By John On June 6, 2020 @ 9:48 PM
I was caught doing 102 on a 55-60mph zone. I was actually doing around 120-130mph but the radar read me at 102. This happened in 2018.