Performance Award; Know a lawyer?

Sean Korb · **Posted:** Thu Jan 15, 2004 7:23 pm

I got a Performance Award on inner I-540 today. 86MPH in a 65MPH zone.

Instead of reading the erratic traffic as the usual speed zone before Falls of Neuse; I thought it was time to get away from the poorly driving sheeple. What was I thinking?!?!?! Oh yeah... I wasn't.

I don't think that excuse would go over well in court, and I'm pretty sure 21MPH over is solidly in loss-of-license territory. I haven't had a speeding ticket in 10 years, but I'm out of my league. Can anyone reccomend a traffic lawyer? It's going to be hard to insure 4 or 5 cars when I get convicted, but I suppose I'll figure out what to do about that when the time comes.

Thanks for any help you can provide.

Michael Westerfield · **Posted:** Thu Jan 15, 2004 9:47 pm

Unfortunately, I think I saw you today on the way home. Red MR2, with some decals on the side? Sorry about your bad luck. I got a ticket a few years ago and I don't think you'll loose your license. They usually reduce 10-19 over down to <10, and 20-30ish down to <20. I wouldn't worry about loosing your license, but anything over 10 after being reduced(your ticket) still goes on your insurance.

Also, last time I was in court it was 90$ court fee +$10(<10) or $20 (<20) if you plead guilty.

Emmie Fisher · **Posted:** Thu Jan 15, 2004 11:05 pm

THSCC website -> Links -> "Driving Legalities (or illegalities!) & Traffic Information". First name on the list.

Rob Keehner · **Posted:** Thu Jan 15, 2004 11:58 pm

If you haven't got a performance award in 10 years I'd suggest trying a prayer for judgment. Or do like I did on my last one. I got a ticket at the beach and took several day trips over the summer to the beach to go surfing and swimming. I had them continue it 3 separate times, until they agreed to drop it to improper equipment. If you hassle them back they'll give in.

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

I just went through "working on" a 82/65 I got in Ohio over xmas. Some advice I would give:

- Talk to several lawyers. Ask lots of questions. Especially about reductions and use of a PJC. Usually advice is free. Talk to someone from the phone book (or another recommendation) as well as the "club" lawyer. Compare fees!
- According to every story I have heard, mere citizens are just as successful at getting higher tickets reduced to less than 10 over.
- Less than 10 over = good - no insurance points AT ALL if you have a clean record. >75 in a 65 = bad - 90% increase in insurance rates.
- According to one source, >75 in a 65 means mandatory 30 day suspension (what I was facing as well). According to someone else, it is optional (DA?)

Don't take my word for it though

Read this - it's a great guide:

http://www.ncsu.edu/stud_affairs/legal_ ... points.htm

PS - Columbus attorney (swore he could get it turned into a "muffler ticket") got the 82/65 reduced to 74/65 for $175 in attorney fees.

DickRasmussen · **Posted:** Fri Jan 16, 2004 12:30 am

On a related subject just in case (no tickets since about 1984 in California). Will NC allow the Traffic School approach to keeping a ticket off the driving record? If so, the Evolution School Folks apparently have an online school that is accepted in some states.

Stephen Westerfield · **Posted:** Fri Jan 16, 2004 10:26 am

MikeWhitney wrote:

I just went through "working on" a 82/65 I got in Ohio over xmas.

That is interesting. I got a ticket in Ohio on X-mas day 3 years ago. I contacted a friend that works for an insurance agency (not the agency I had my insurance at), and they told me they were pretty sure it wouldn't carry over to NC. I just paid the fine and never heard another thing about it. I don't remember exactly what it was, but I am thinking it was close to 15 over in a 55 or 65 zone.

David Spratte · **Posted:** Fri Jan 16, 2004 12:06 pm

I wouldn't go for a PFJC here. The reason being that if you get another ticket in three years, the PFJC is lifted and you have to deal with that ticket then as well. Getting hammered with a 86 in a 65 on top of whatever else you got would be no bueno.

I'd use your clean record of 10 years and push to get it reduced to <10 over. That way no points and if something happens in the next three years you aren't double booked, so to speak.

I'm not a lawyer, but that's what my lawyer went for (and got it) about five years ago.

The benefit of using a lawyer (a local lawyer) is that know the ins and outs. Which judges are likely to cut you some slack based on your record and which ones aren't. When they aren't looking at the right judge they'll ask for a continuence.

Just a thought. I think my lawyer was Hensley. He came recommended from another friend of mine. Don't recall the cost.

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

Stephen Westerfield wrote:

MikeWhitney wrote:

I just went through "working on" a 82/65 I got in Ohio over xmas.

That is interesting. I got a ticket in Ohio on X-mas day 3 years ago. I contacted a friend that works for an insurance agency (not the agency I had my insurance at), and they told me they were pretty sure it wouldn't carry over to NC. I just paid the fine and never heard another thing about it. I don't remember exactly what it was, but I am thinking it was close to 15 over in a 55 or 65 zone.

So it never came over? Marcus Hill told me it absolutely would and I absolutely would lose my license for 30 days. Then Marcus told me it would cost me $600 for him to work on the caser. So I called another attorney and he told me the ticket wouldn't transfer at all. So much for trusting lawyers.

Ignoring a 15 over in another state is playing with fire, since most states (including OH and NC) are reciprocal, and NC considers that violation a misdemeanor. In fact, I have to believe that all driving violations are transferred from out of state, since I have never seen in print that they don't. I'm done with believing what anyone "tells" me about points and insurance!

Wes Eargle · **Joined:** Mon Oct 27, 2003 9:47 am **Posts:** 3683

Regarding license suspension for 30 days, how points correlate with insurance premiums, etc.:

http://www.ncsu.edu/stud_affairs/legal_ ... points.htm

If you want to wade through the entire statute that establishes the DMV, here you go: http://www.ncga.state.nc.us/statutes/ge ... er_20.html

A "find" for reciprocal didn't turn up any concrete number for maintaining your record from out of state, YSMV.

Patrick Wellenius · **Posted:** Fri Jan 16, 2004 1:59 pm

I got a nice little 87/65 in VA a couple years back. They called it reckless though and I got a court summons on the spot. Judge didn't reduce the penalty, just reduced the fine b/c I was in school (gee, thanks chief). Turns out, thus far, the ticket never came up on my MD record. He tried to suspend my license for 30 days, but I reminded him I was a MD driver. So he prohibited me from driving in VA for 30 days, starting 2 hours from the end of the working day. I high-tailed it outta VA.

Lesson learned: I dunno...some tickets might just fall through the cracks

Sean Korb · **Posted:** Fri Jan 16, 2004 2:31 pm

I really appreciate your comments and help. I should have thought of the THSCC web site first, Thanks Emmie!

I was the red MR2 with the Kumho and GRM stickers that Michael saw. It was humiliating trying to drive home at 65MPH after being passed by the regular crowd. Not really a feeling that they were pointing and giggling, but it's hard to be the focus of a collective "oh crap". It does have the intended effect though; I'm slowing down on that crazy road.

Thanks again!

Stephen Westerfield · **Posted:** Fri Jan 16, 2004 2:33 pm

MikeWhitney wrote:

- According to every story I have heard, mere citizens are just as successful at getting higher tickets reduced to less than 10 over.
-

I have had two tickets in wake county since I have been driving (12 years now). The first one was something rediculous like 57 in a 35 on
Buck Jones Road. The officer reminded me that he could take my license right then since I was exceeding the limit by more then 20, but didn't. (No lies...the officer that pulled me was officer Bacon of the Cary PD....I still laugh about that) That one I just went to court lawyerless and talked to the district attorney and he got it reduced to 49 in a 35 and then I used a PJC. The only problem with doing that is that you have to stay clean for 3 years (also, keep in mind only one PJC per insurance policy if you have wife and kids on there too).

My other experience wasn't as bad, but it was definitly over 10 miles over the limit. That one I had a mechanic friend "inspect and replace" my odometer as the receipt read and it got knocked down to a improper/faulty equimpent charge. That worked for me in Wilkesboro up in the mountains as well....might have even been the same car...I don't remember.

Good Luck!!!

Stephen Westerfield · **Posted:** Fri Jan 16, 2004 2:54 pm

You mean your not a member of "The Speeders Club"?

http://www.speedersclub.com/index.html

This might actually be worth it if it covered the increases in insurance too....

Chris Brown · **Posted:** Fri Jan 16, 2004 3:22 pm

question, was this a speed trap where a cop sits in an unmarked car in the road, radars you, and then calls in another car to actually give you the ticket?

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