my first speeding ticket ever

chrismcgee · **Joined:** Sun Mar 27, 2011 8:25 pm **Posts:** 18

Dangnabbit in-a-way,

Well I got my first ever speeding ticket today in Durham. Deputy stated he clocked me at 72 in a 45. I was heading around a corner and on a beautiful sunday afternoon, spotted him and hit the brakes. Court date set for november. Anybody have any advice?

My record is spotless in NC but Ive only been here for 2 years now. I have an illegal U-turn like 15 years ago and a wreckless driving leading to an accident at 25mph about 8 years ago back in CO.

Anybody know what I can expect as far as points and fees?

Just for the record, this is why I like to autocross but it was so nice out and the roads were so curvy. Maybe I should just get a prius. This day forth I vow to drive the S2000 like my grandmother.

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

Lawyer up. If push comes to shove and you can manage to not get caught doing something "reckless and dangerous" in 3 years, you can use your Prayer for Judgement.

George Bright · **Posted:** Sun Oct 09, 2011 7:12 pm

Like he said lawyer up. If your lawyer can get you reduced to 54 in a 45 your insurance company will probably let it pass. A prayer for judgement will come to bite you if you get any ticket in 3 years. It might still be your best option. Paying a lawyer is cheap compaired to what you could pay in insurance premiums.

chrismcgee · **Joined:** Sun Mar 27, 2011 8:25 pm **Posts:** 18

I really appreciate the advise guys. I think Im going to breath, eat and try to get some sleep and start looking for a lawyer in the morning. Im starting to learn that being poor is made worse with legal issues. Ive never had to do something like this, arghh!

Carl Fisher · **Posted:** Sun Oct 09, 2011 9:02 pm

Oh you won't have to go looking for a lawyer. By this time next week you can expect to have 10-15 offers from attorneys for help with the ticket.

My advice would be to call the half dozen or so sound good or seem convenient and ask them how much they charge, how they expect they'll handle the case, and any things you'll have to do on your part. Then pick the one you like best. I would expect you can find several who'll handle it for ~$50 more than the cost of the ticket. Then forget about it, the lawyers will do their thing and you're done. Lawyers and traffic courts in NC seem to have a very cozy relationship. I say let the system work.

JamesShort · **Posted:** Sun Oct 09, 2011 9:33 pm

I had 11 years of clean driving record, all in nc, when I got my 61 in a 35. Got my official sealed record from the dmv and showed up on my own. ADA laughed and said he wouldn't see as clean a record for the rest of his time so he dropped it to 44 in a 35. 0 insurance points and reduced fine.

Stephen Westerfield · **Posted:** Mon Oct 10, 2011 12:37 am

JamesShort wrote:

I had 11 years of clean driving record, all in nc, when I got my 61 in a 35. Got my official sealed record from the dmv and showed up on my own. ADA laughed and said he wouldn't see as clean a record for the rest of his time so he dropped it to 44 in a 35. 0 insurance points and reduced fine.

I'd recommend this as well. No reason to involve a lawyer if you can get it reduced yourself. If the DA won't do it for you the first time, get it continued and then get a lawyer.

jeremy gast · **Posted:** Mon Oct 10, 2011 8:13 am

I always say get a lawyer. A few hundred bucks has always been better for me than missing work, driving to the court house, the agrevation with parking. But ever since I have been driving I have prob spent enough $$$$ on lawyers to pay off my house so........

JamesMilko · **Posted:** Mon Oct 10, 2011 10:44 am

I'm in the lawyer camp. It's worth the convenience for me. The last ticket I got I filled out a one page info sheet with my driving info and ticket info. Faxed that and the ticket to the lawyer paid her flat rate and got a letter in the mail a month later letting me know what I got. (Her rate was flat rate no matter what the outcome so I didn't even have to write a second check)

chrismcgee · **Joined:** Sun Mar 27, 2011 8:25 pm **Posts:** 18

So if I go without a lawyer and I dont get reduced to the magical 9 over I can request a continuance and come back with a lawyer and a later date? I think I would be all sorts of nervous since I have no court room experience besides a few seconds of some judge show while flipping channels.

I think it might be safest for me to go lawyer just because 27 over sounds really bad and even though my record is clean Ive only been in the state for 2 years. Several people have recommended Tim Vanderweert, anybody have any good or bad experiences with him?

Thanks everybody.

Donnie Barnes · **Posted:** Mon Oct 10, 2011 7:11 pm

IMHO, anyone who walks into a court room with a 27-over charge and no lawyer is being very foolish. Get a grumpy judge and you could quite easily lose your license with that conviction, if I'm not mistaken. You'll definitely take it in the shorts on the insurance side. I'm not saying you can't get out of it, but it's not worth the chance.

I tried it once with a 66 in a 55 charge (it was 2am and the trooper obviously hoped he'd find more wrong, but I swear I was as nice as I could be and had no other problems and he still wrote that damned ticket). Failed. Paid dearly.

Lawyers aren't cheap, but they're usually worth it. Lawyer up.

--Donnie

Stephen Westerfield · **Posted:** Tue Oct 11, 2011 7:05 am

chrismcgee wrote:

So if I go without a lawyer and I dont get reduced to the magical 9 over I can request a continuance and come back with a lawyer and a later date? I think I would be all sorts of nervous since I have no court room experience besides a few seconds of some judge show while flipping channels.

No reason to be nervous, if they were going to lock you up, they would have done it already. It's just speeding, you didn't rape anyone. In this scenario, you never make it into the court room. You wait in a line (sometimes its long) to talk to the DA. GET THERE EARLY. Either the DA will reduce it or they won't. If they won't, DO NOT wait to get into the court room to ask for the continuance, ask the DA for it, then go home and call a lawyer. You will never even set foot in the court room. I've heard people ask the DA for a lot more ridiculous things than speeding ticket reductions.

I will agree that the lawyer to take care of something like this isn't "that bad" as far as $ goes, but you really can save part of that doing it yourself. Obviously if it cost you money to take off work and such, that can be negated. I've got a butt ton of vacation at work though, so I've always taken care of these things myself when I know it's something I can handle. You pay your money already for this system to work, might as well check it out sometime.

Keith Quistorff · **Posted:** Tue Oct 11, 2011 8:29 am

I agree with Stephen, that's exactly how it works. I went through this a couple years ago with a speeding ticket - same deal - clean driving record for over 15 years, ~20 mph over the limit, etc. The line at the courthouse was long and the DA was moving it along as quickly as possible - he just rubber stamped speeding tickets to 9 over - no questions asked. The whole process, from arrival to departure, took about 45 minutes. And as Stephen said, if the DA decides to be a dick about it, you just request a continuance so you can get a lawyer involved.

JamesShort · **Posted:** Tue Oct 11, 2011 9:16 am

Chris, since you got it in Durham, I'll tell you that my 26 over came with a fine of $180. I got there right when the courthouse opened, was maybe 10th in line. I was in and out in 15 minutes: showed the driving record to the ADA (the real DA is too much of a boss for this I guess

), got my rubber stamp 9 over, went to the cashier's window, paid $115 (must have reduced the cost for 9 over....I wasn't arguing

) and I was out. Got to work on time too

.

Granted, I also found out that in NC, 55 is the magic number. If the clocked speed is 55 or less, it's generally a very easy off.....even if the speeding differential is great like in my case. I got clocked at 61 in a 35, but he wrote it for 55 in a 35 because he saw my record was flawless and knew there'd be no insurance points for it, even if I plead guilty.

Funny part of this story.....I was data logging on the WRX.....trying to see if the car was hitting peak boost

.

But like Stephen and Keith mentioned, it was my intention to ask for a continuance if they wouldn't bring it down, or drop it and then lawyer up.

chrismcgee · **Joined:** Sun Mar 27, 2011 8:25 pm **Posts:** 18

Ohhh, I think Im starting to get this. So you can go to the courthouse early and talk to the ADA to ask for a reduction first and if that doesnt work you can get a continuance to come back at the appointed court time. Does the ADA always allow the continuance to come back for the original appointed court time? I mean there would be no threat of him saying that his ruling, should he be grumpy that day, would be final? So far this sounds like the best course of action should this all be accurate. Thanks again guys!

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my first speeding ticket ever

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