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North Carolina speeding ticket-HELP!

snowballsnowball Posts: 2,274Registered User Senior Member
edited March 2007 in Parent Cafe
My niece received a speeding ticket yesterday on the interstate in North Carolina. She was clocked going 25 over the speed limit and I believe was ticketed for reckless driving and speeding; or maybe it was just the reckless driving. North Carolina is not her home state; she was going to visit friends at school. This is a good kid, 20 year old full time student with a job and internship this summer.

My brother seems to think his daughter will lose her license as they knew another child that lost his license going 25 over in another state. My niece has a court day during her exams. Do you think they can get the date change, or is it just tough luck? They can not send my niece alone to make the drive back to NC; if they suspend her license she will not be able to drive home.

Should they get a lawyer to help handle this as it is out of town? Is 25 over the speed limit an automatic suspended license in North Carolina? Does age play a part in the decision?

Sorry for all the questions, but they are really worried about her license. She said she really didn't realize she was going that fast as she was going down hill. If she drives like my brother, then I am sure she drives above the speed limit on the interstate, but not that fast. I have driven with her before and found her to be a good driver, not that it really matters where this is concerned.

Any help or words of wisdom would be appreciated.
Post edited by snowball on
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Replies to: North Carolina speeding ticket-HELP!

  • conyatconyat Posts: 2,519- Junior Member
    Snowball, I found some links to NC lawyers offering a free initial consultation to help you decide if you want representation. I would get it, because this is what the NC handbook has to say:

    http://www.ncdot.org/dmv/driver_services/drivershandbook/chapter3/suspensions.html
    Your driving privilege will be revoked for at least 30 days if you are convicted of: driving any vehicle more than 15 mph over the speed limit, if you are driving at a speed higher than 55 mph.

    Your driving privilege will be taken for 60 days if you are convicted of:
    a second charge of speeding over 55 mph and more than 15 mph above the speed limit within one year; or speeding plus reckless driving on the same occasion.

    Good luck. And I hope this really is just a one time circumstance. I passed two fatal accidents on my way to and from work this week alone, both of them likely due to speeding.
  • ncephnceph Posts: 810Registered User Member
    She should definitely get a lawyer.
  • cmbmomcmbmom Posts: 718Registered User Member
    I got one last month in NC on the interstate. I thought I was doing 75 in a 65 zone at 5:30 in the morning. The trooper said 80. Within 3 days I had 10 letters from NC law firms willing to take my case. Since the only thing that will happen to me is a note placed on my instate file,(no points), I just paid the fine. I doubt my insurance co. will do anything because it was my first speeding ticket ever and I have been driving for 35 years.

    She can get the court date postponed but she should do it soon. And if she gets a lawyer I do not think I would want one who searched court records for names. Have her parents see if their state has a compact agreement with NC, then call a local atty and see what will happen to her in her home state.
  • chocoholicchocoholic Posts: 2,995Registered User Senior Member
    Reckless driving could get you 4 points in NC. Don't know about the speeding. Show up in court, do not be arrogant, humility and remorse is more appealing to the judge. Sometimes the judge will reduce points and give community service, plus pay the speeding fine.

    Is NC tougher than most States?
  • conyatconyat Posts: 2,519- Junior Member
    I don't know about most, but definitely tougher than Louisiana. 25 MPH over the speed limit gets you a fine and court costs here, and it definitely goes on your record, but there's no automatic suspension like the NC handbook says.
  • ucsd_ucla_daducsd_ucla_dad Posts: 8,573Registered User Senior Member
    Funny, this subject of hiring lawyers to fight speeding tickets was on the local news last night.

    http://www.10news.com/news/11351868/detail.html

    You should check to see if a license suspension in NC has any effect at all on the license of another state. It could well not.

    Depending on where she was, I think the interstate speed limit in NC is 70mph. If she was clocked at 25mph over, that's 95mph! If this is true it's a good thing she got this ticket - it might slow her down and save her life. That's way more than slightly over and doesn't equate ot getting caught in a speed trap. Of course, I don't have all the facts so I'm just guessing.
  • jackjack Posts: 1,615- Senior Member
    My daughter drove from Raleigh to Winston Salem a week or so ago, with a friend, and she is the most careful driver I know. Some cop pulled her over for driving 54 mph in a 45 mph area. I think she'd just come off a busy street, and the speed limit had changed, but she never saw the sign. At any rate, we're *still* getting letters here from law firms in Winston Salem. Unbelievable. They must be in cahoots. She just paid the ticket, sent in the money, and I think she'll get 2 points for it.

    I don't think your niece will lose her license, but she'll definitely rack up some points. I think they disappear after 3 years. If she gets as many as 7 points, she might have to go to a Driver Improvement Clinic(!), which is $50, but then after you attend, they deduct 3 points or something. It's all here. (If they did suspend her license, it would be for only 60 days):

    http://www.ncdot.org/dmv/driver_services/drivershandbook/chapter3/points.html
  • wbowwbow Posts: 972Registered User Member
    if you are not licensed by the state of nc, i don't see how nc points can be placed against you....i live in illinois, got a ticket in wisconsin--sure, the fine was really, really pricey, but i think the illinois penalties apply to my licensure.
  • mkm56mkm56 Posts: 3,062Registered User Senior Member
    NC is very strange with speeding tickets. Here (NC) one can hire a lawyer and usually on a first offense get a speeding ticket reduced to "improper equipment"---I know makes no sense. Yes, use a lawyer. The lawyer can also appear in court for the client--at least my son got a "improper turn" ticket over Christmas and the lawyer went to court and got it dropped to some nonmoving violation.

    My d. was pulled in TN where the speed limit dropped 10 mph and she was still going 5 over the original speed (thus 15 over new posted speed). The police with the radar was at the sign and pulled her. When she called a law office in TN and asked about getting the charge reduced, they just laughed--she attended a driving school and the points were removed.
  • ncephnceph Posts: 810Registered User Member
    wbow - I think you may be confusing license points with insurance points. They're not the same thing. It's the insurance points that affect your insurance rates, although there may be some correlation with license points.

    I strongly advise the OP's niece to at least talk to a lawyer licensed in NC and experienced in dealing with traffic tickets in the jurisdiction where she received the ticket. Even if she has to pay a lawyer for a consultation, it may well be money very well spent. And at least she'll know what her options are.
  • jackjack Posts: 1,615- Senior Member
    This is from the same link I provided. I think most states just report the offense to the home state DMV, but here's what that link says:

    "Convictions occurring outside North Carolina may result in your license being suspended or revoked just as if the violations occurred in this state."

    That's for a NC license, so you should probably look at your home state DMV rules and see what they say, but maybe she should get a (NC) lawyer.
  • PackMomPackMom Posts: 7,423Registered User Senior Member
    My S got a speeding ticket on I-85 on his way back to school last Oct. He was going 15 miles over the limit. He looked up a list of lawyers in that county on the internet and hired one over the phone. The county where he got the ticket was over an hour from his school and his court date was during winter exams! The lawyer handled it. He got it ticket reduced to speeding 7 miles over the limit which keeps our insurance from going up. S did not have to appear in court, just paid the lawyer and court costs.
    Get a lawyer and ask about Prayer for Judgement.
  • notre dame ALnotre dame AL Posts: 1,674Registered User Senior Member
    Lawyer husband just received a ticket near South Carolina/GA line. Going 90 in 70 mph interstate highway. He was just ticketed for speeding but the cost of the ticket was $400, not to mention I don't even want to know about points, insurance, etc. There was an article in our local newspaper about a week ago about how costly tickets were in these areas as well as what a speed trap these areas are. Husband says he doesn't care if he ever drives thru this area again--personally, I think it is his "arrest me red" car! He paid the ticket and is not contesting. If you hire a lawyer, know up front what the fees are and what options can occur with this type of offense.
  • kirmumkirmum Posts: 1,218- Senior Member
    Honestly if it were my kid going 25 past the speed limit I'd take away the license..
  • ucsd_ucla_daducsd_ucla_dad Posts: 8,573Registered User Senior Member
    I think it is his "arrest me red" car
    Or - it could have been the 90mph. The 'speed trap' excuse doesn't work for 90mph.
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