Sheepishly asking for advice -- speeding ticket in NC

[cbennett5199]

Love riding in Southwest NC. Do whenever I get the chance, and ride down from the DC area for a week or two.

This time, unfortunately, I got a nasty ticket squirting past a car and to an exit (chronic shoulder pain makes me too impatient on straight roads). Result -- 21 over the limit (81 in a 60). Was just East of Waynesville. Haven't a clue about how tickets work in NC, whether I should hire a lawyer, just show up looking like a middle-aged professional (which I am) in hopes of getting a lesser violation, or something else.

If any of you have experience with the NC system, know of a good traffic violation lawyer in the Waynesville-Candler-Asheville area, or have other suggestions, I would be really grateful. Thanks in advance.

[falconati]

Hire an attorney, it's worth the money (so you don't have to spend your time).  You should be able to find somebody local to represent you for less than $300.

[county]

With your attitude and demeanor you will do well.

(Going by your post and post title)

[2DFlyer]

My wife and I both got popped a few years back so had to do some research.  This should provide some good back ground info.  It written for Wake County but imagine much of it holds state wide
http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Trafcourtinstsht.htm


I got caught doing 79 in a 55 - which just so happens to be 6K RPM in 3rd gear on the ST3 - and pleaded with the ADA and received 9 over so I didn't receive any driver or insurance points.  I can't remember the conversation with the ADA - it took all of 15 seconds - but I went to court prepared with a copy of my clean driving record to prove I wasn't some repeat squid.

Don't worry about finding a good lawyer.  They'll find you.  It's public record so they know you've been a bad boy and where you live.

[servicerifle]

Considering you're from out of state, yeah, an attorney will save you time, and possibly money.  If I'm in the state, I'll go plea bargain, they'll knock it down a lot.  (isn't that a good reason to ride down there, on a weekday?)  

[Cablebandit]

You're guilty.  Just write a check and be on your way.  

[cougar8000]

About 4 yrs back I got a ticket in IN for about 16 over. Called and spoke with a DA. Provided a copy of my record and walked away with a warning. Be nice, be courteous, be ready to write  a check.

[TriumphTiger1050]

I am very experienced in this field (take that for what it is worth).............I hate lawyers!  But the system is rigged...........get a lawyer and pay them a few hundred to get you out of it or at least lowered to not affect your insurance!

That system is flawed in the way it works but it is what it is!

[NoGear]

Take the militant view...become a sovereign citizen and files liens on the officer, Clerk of Courts, Judges and the whole county!!!!  

OK, now back to reality:  Hire a lawyer. Let them do the sucking for you.  

[beachy]

i agree lawyer the way to go it should be an easy one.

[falcofred]

I was issued a ticket in NC by the NCHP a few years ago on 19/74 near US28. The officer clocked me at one speed (can't remember exactly) but wrote me for a few miles less than that.
He stated
"If I write you for what I clocked you at, a court appearance is mandatory, but I wrote it a few MPH less and recommend that you appear in court anyway. Just go to court and ask the DA to lower it to nine (9) MPH over. The fine amount ($) is the same but your insurance company won't be notified. We aren't here to make additional profit for your insurance company"

I did as he suggested, the DA was very willing to make the deal, never saw the judge, just wrote a check and left.

I've been street riding since 1982 and have been issued 3 tickets, all over in that area on or near Deals Gap.........I don't ride over there much any more, to much LEO.

[cbennett5199]

Thanks all for the advice. I actually called a lawyer today. He told me he could get the ticket reduced to 9 mph over, from 21 over as my citation states. Out the door costs -- lawyer's fees, court costs, etc. -- would be a bit less than $400. I would love to get the ticket changed to improper equipment, which I've heard some folks have done. In talking with the lawyer, I didn't get the impression that was possible in my case.?. Do any of you know if it is possible, even if I was cited for 21 over?

Now my rant: The whole experience leaves me with a foul taste in my mouth. It appears to be such a racket. A racket to the point that it verges on being ethically questionable. A lawyer I spoke with actually "guaranteed" me that he could get the ticket reduced by a certain amount. What does that say about the whole system? But what the hell can I do now? The risk of showing up and NOT getting the ticket reduced to less than 10 mph over would be really bad. Maybe one day I'll "fight the system," but at this point I'll just grovel on my knees and do what I have to. End of rant.

One thing I did as soon as I got back from the trip was to install a Murphskits.com vacuum-actuated cruise control (Audiovox used to make them). Cost about $200 from Gary Murphy (really good guy, as some of you probably know). The only reason I pick up the speed on the slab sometimes is due to nasty, chronic pain that gets much worse when I'm not moving around, as in the twisties. The cruise control is a godsend. BMW riders know what I'm talking about. Now that I've installed it (kind of tricky), I don't think I'd ever want to own a bike without it. No need to rush. Just cruise down the roads heading to the twisties, nice and easy. It's safer, less tiring, and I really don't want to play this game again.

[cbennett5199]

One other thing -- I'm getting barraged by lawyers looking for business. I have no intention of wading through their material. Any of you have the name of a straight-forward, competent lawyer who deals with traffic violations in the Waynesville-Canton-Asheville area?

[flip]

Getting a speeding ticket dropped to an improper equipment charge seems to be standard practice in some counties and not available in others in NC. Talk to at least 2 more lawyers that work in that jurisdiction and see if their deal for you is any better than the one you were quoted.

[cbennett5199]

Sounds like I have more attorney calls to make this week.

[2DFlyer]

Is you time and expense worth the lawyer's fee?  If you've got a hankering to visit Asheville or wherever the county court house is chances are you can get the same 9 over the lawyer can.  Of course I'm not a lawyer so can't make any crooked guarantees.  Good luck.

[TriumphTiger1050]

Not sure about a traffic lawyer.  They seem to specialize now days.  Traffic vs. Injury vs. Murder vs. Labor Law.  Just pick one from the phone book or do a online search.  I would say someone like Stewart or Deveraux but they are high paid criminal lawyers (murder and such) and usually you come to the table with $25k in pocket to retain them.

There is alot of traffic worthy attorneys I am sure.

[BentAero]

This time, unfortunately, I got a nasty ticket squirting past a car and to an exit (chronic shoulder pain makes me too impatient on straight roads). Result -- 21 over the limit (81 in a 60). Was just East of Waynesville. Haven't a clue about how tickets work in NC, whether I should hire a lawyer, just show up looking like a middle-aged professional (which I am) in hopes of getting a lesser violation, or something else.

Well my friend, you fell victim to one of the most heavily patrolled pieces of interstate in NC. Between exits 24 and 31, NC State Troopers Taylor, Cogdill, (the son of a very close friend) and Blanton have been killed in the line of duty since 2001. From the TN line to Asheville, I-40 is a "no drop" zone. i.e., you get wrote for what you were clocked and the troopers are a bit testy.

Don't know how it works for a out-of-state licensed driver, but for a NC resident it's a BIG deal to get convicted for a combination of both of the following: More than 15mph over the posted limit, AND above 80mph. If convicted, a NC resident faces a mandatory 30 day suspension of their drivers license even if the infraction takes place in another state! Effectively, you'll never get insurance again for a very long time, not to mention the $ outlay.

The very close friend mentioned above got popped while we were riding in Wyoming two years ago for 83 in a 55. The totally prick WY LEO couldn't care less that his son was killed in a traffic stop just like the one he was performing. That's when we found out about the NC law and the reciprocation between states.

Hire a lawyer, pay his fee (yes it's a racket) and chalk it up as a cost of riding.

[arta]

You will get a lot of letters form the local legal offices.  I called each asked about price, found one that admitted it was a money raiser.  He said all they wanted was the money.  I got off with an equipment malfunction (speedo off) no points or report to GA or insurance.  You know what they want. "show me the money"  Good luck

[rajflyboy]

Hire an attorney, it's worth the money (so you don't have to spend your time).  You should be able to find somebody local to represent you for less than $300.