Got a speeding ticket...fail.

JamesShort · **Posted:** Tue Mar 16, 2010 5:49 pm

First ticket in my life (speeding or otherwise)....55 in a 35 on Roxboro Road in Durham (I don't understand how I was going that fast...I was coasting down a hill)....not even 2 miles from my house (needed propane for the grill....I was hungry

).

The lame this is that since I've started autocrossing, if anything I've become a much more lax driver in terms of speed and acceleration on the street.

Anyone in Durham with experience with this?

Thanks

EDIT: Well everyone is saying not to waste my prayer for judgement for a speeding ticket. A lawyer friend of mine (does tax law, but I can't completely discount his advice) said to go to the court on the day of my case (on time!!!) with an official copy of my blank driving record and he will probably make it an improper equipment and take my $130 for court fees and no dmv or insurance points. In the event I don't get at least a reduction to 9 over (which would be $50 fine $130 in fees but no insurance points) I should tell the ADA that I would like a continuation so I could come back with representation. At this point the ADA is likely just to say screw it and drop it (still have to pay court costs but no points).

Maria Winslow · **Posted:** Tue Mar 16, 2010 8:57 pm

If you show up clean, with your pants completely covering your ass, no visible tattoos, nothing shaved into your head, and not obviously high, they will be so relieved to see you that you'll get it easy.

KendtEklund · **Joined:** Tue Mar 27, 2007 7:29 pm **Posts:** 1204

Didn't they change the law to specifically get rid of 'improper equipment' defenses on speeding? Or did that not pass? I could swear I heard that on the radio somewhere.

JamesShort · **Posted:** Tue Mar 16, 2010 10:02 pm

Maria Winslow wrote:

If you show up clean, with your pants completely covering your ass, no visible tattoos, nothing shaved into your head, and not obviously high, they will be so relieved to see you that you'll get it easy.

I almost spit on my laptop when I read this!

.

Is non-obviously high ok?

Donnie Barnes · **Posted:** Wed Mar 17, 2010 12:39 am

I wouldn't take my chances, personally. 11-14 over, sure. 15+? Nope. Lawyer time, IMHO. Doesn't mean you can't get it down yourself, but I don't think I'd take that chance. At the very least call the DA's office and ask if they can shed any light on what they'd offer to you if you walk in with a squeaky record. If they won't give you anything that sounds fairly firm then I'd lawyer up on this one. You do NOT want a 20 over conviction.

--Donnie

MikeWhitney · **Joined:** Wed Aug 20, 2003 9:15 pm **Posts:** 4724

KendtEklund wrote:

Didn't they change the law to specifically get rid of 'improper equipment' defenses on speeding? Or did that not pass? I could swear I heard that on the radio somewhere.

Unless something happened recently, I think this is still county dependent. Last year we had one reduced to improper equipment out at the coast, and one up north near VIR.

Oh yeah based on personal experience --- wait a few weeks for all the letters to arrive. Throw out the 1/3 of the letters that use scare tactics, sound desperate, or make you feel gross. Throw out the 1/3 of the letters that sound like they are from some huge law firm that can't get real cases. Take the remaining 1/3, probably 5-10, and call every lawyer. Make notes about who is "in court", who has a good admin, and who seem to have their shit together.

Ask them all what can be done. You will get a few who will tell you exactly the same probably outcome. Hire the one who is mid-pack in price and/or who claims to have family or historical ties to the DA's or judges on the bench at the courthouse.

Also, um, before you do all this, call your insurance agent and have him calculate exactly how much this will end up costing you in insurance discount losses over the next 3-5 years. Figure that as your budget to hire a competent attorney to take care of it for you.

In my most recent ticket (my wife) I figured it would cost $2500 in loss of insurance discounts. After picking an attorney per my suggestions above, and he quoted some price like $250, I TOLD him that I was willing to spend MORE to ensure the desired outcome. He denied any additional payment and told me that there was nothing else he could do.

It worked out fine for us with an improper equipment. Getting the right person for the job is pretty important and can be done by talking to a lot of lawyers and asking the right questions.

FYI it was a 70 in a 55.

Bernie Baake · **Posted:** Wed Mar 17, 2010 9:08 am

The advice from Donnie and Mike is spot on, from a guy who knows about tickets. There are three disciplines that a person needs in this world , a good doctor, a good insurance agent and a good lawyer. He who represents himself in court has a fool for a client. But sometimes even a blind hog will find an acorn, but it’s a gamble. Weighing the insurance cost against the fine and court costs will almost always dictate that you go with an attorney. JMHO

JamesShort · **Posted:** Wed Mar 17, 2010 9:12 am

A 20 over in a 35 is a '55 and under" speeding ticket so ironically it is not severe at all. I can plead guilty to it as it stands and get 1 insurance point and my premium would go from 220 per 6 months to $274 per 6 months (this is soup to nuts coverage on the WRX, comp ded: 250 collision ded: 500). So it seems almost a given that I can get it down to a 9 over and get no insurance point.

I think I'm going to show up with my driving record and see what the ADA will do and then if I feel I could do better with a lawyer, I'll get a continuance.

Kevin Allen · **Joined:** Thu Aug 28, 2003 6:42 pm **Posts:** 3479

JamesShort wrote:

my premium would go from 220 per 6 months to $274 per 6 months

WHO IS INSURING YOU??? :shock:

I'm serious - and is this with a multi-car policy, or the WRX alone?

JamesShort · **Posted:** Wed Mar 17, 2010 9:53 am

Kevin Allen wrote:

JamesShort wrote:

my premium would go from 220 per 6 months to $274 per 6 months

WHO IS INSURING YOU??? :shock:

I'm serious - and is this with a multi-car policy, or the WRX alone?

USAA:

09 Accord 09 WRX

Full comprehensive on both with 250 ded
Full collision on both with 500 ded
Towing/roadside assistance
Free car rental up to $900 per accident
Under/uninsured motorist coverage

Total: $477 every 6 months

Ironically the 4 cyl base accord with my wife as driver is more expensive to insure than my WRX.

Aaron Buckley · **Posted:** Wed Mar 17, 2010 9:58 am

Worst case scenario James is that if the ADA doesn't give you what you want, ask for a continuance, then hire an attorney. The good thing is you can see the attorney's in action down there and talk to one directly. - AB

JamesShort · **Posted:** Wed Mar 17, 2010 10:02 am

Aaron Buckley wrote:

Worst case scenario James is that if the ADA doesn't give you what you want, ask for a continuance, then hire an attorney. The good thing is you can see the attorney's in action down there and talk to one directly. - AB

Wow, good point, never thought of that

. If I see, in person, a lawyer who can't get someone out of a 9 over, then I know not to contact them

.

So I think if I understand correctly a 9 over with no priors is 1 'DMV' point and 0 insurance points (the insurance points is what I care about). But what does a DMV point mean given it seems completely separate from the insurance points?

MikeWhitney · **Joined:** Wed Aug 20, 2003 9:15 pm **Posts:** 4724

JamesShort wrote:

Aaron Buckley wrote:

Worst case scenario James is that if the ADA doesn't give you what you want, ask for a continuance, then hire an attorney. The good thing is you can see the attorney's in action down there and talk to one directly. - AB

Wow, good point, never thought of that

. If I see, in person, a lawyer who can't get someone out of a 9 over, then I know not to contact them

.

So I think if I understand correctly a 9 over with no priors is 1 'DMV' point and 0 insurance points (the insurance points is what I care about). But what does a DMV point mean given it seems completely separate from the insurance points?

Two comments since you seem to be going the DIY route (which is fine, I did it once too) -- 1. There is nothing to be lost by calling a half dozen lawyers from the letters you receive, and ask them what they can do. I promise you will learn something and it will be worth your time. 2. In terms of insurance, since it's your first offense -- don't worry about point but worry about discounts. This is what you stand to lose. If you're on a multiple policy (home and auto and anything else) you could lose discounts on the whole package. Even though your rates are really cheap I bet you'd see a $50 increase on both cars over 5 years, so possibly $500 in increased costs.

JamesShort · **Posted:** Wed Mar 17, 2010 10:12 am

Thanks Mike. I've contacted a few local Attorneys. Trying to find Duke grads to see if they'll give me the Alumni discount

.

So I looked at my policy. My discounts include

Multi car discount (shouldn't be affected)
New car discount (shouldn't be affected)
DRL/Security system (shouldn't be affected)
Premier Driver Discount (might be)

Premier Driver Discount: A discount for policies that have a good claims and driving record history. The named insured must have more than 5 years of driving experience.....(I have 11 years and no infractions ever)

That discount on the WRX (not sure if my ticket would affect my wife on the Accord) is $21.10 ever 6 months, so I'd lose $120 over 3 years. I'm not sure if I'll find a lawyer that cheap, but I'll keep it in mind.

Andrew Jonell · **Joined:** Mon Mar 23, 2009 6:43 pm **Posts:** 1350

Yeah... I'm a huge fan of NC law. 56 in a 55? Automatic 3 points if found guilty.

There's something to be said about receiving an involuntary donation to the Greensboro booster club (to the tune of 64 in a 55 written on the ticket) costing potentially more than a 55 in a 35 ticket.

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