I am a CT resident and I received a North Carolina Uniform Citation-Defendants Copy Sheet from the State trooper who pulled me over. I am charged with what it says exactly: The officer named below has Probable Cause to believe that on or about Saturday the 04 day of August, 2012 at 6:04 PM in the county named above (Johnston county district court) you did unlawfully and willingly operated a motor vehicle on a street or highway at a speed of 96 MPH in a 70 MPH zone. (G.S.20-141(J1)) I'm 21 yr old female college student who gets amazing grades and whos driving record has 1 ticket that happened in ct 1.5/2 years ago which was not for speeding and a car accident in 11/09 but I didn't get a ticket from that accidents.My main concern is: I know in the state of NC this is considered a class 2 misdeanor and I DO NOT want this on my record, I have never been convicted of anything I don't know if I should hire a lawyer or how to go about this Even though I live in CT I know I have to show up to the court date which I don't mind, i just don't want to be charged with reckless and driving or get my liscensed suspended or points in my record or even go to jail! What should I do?
State/Country relating to question: North Carolina
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand your concern. In a situation like this, you certainly want to retain a criminal defense attorney who handles traffic tickets, like these, As I am sure you are aware, it is the high rate of speed which in the basis of the mandatory court appearance and make it more then a regular speeding ticket, which is a civil infraction. If you retain counsel, they can likely appear on your behalf, so you do not need to. The attorney can look over the facts of the case and see if you have any legal defenses. It is possible that the ticket was improperly written and there could be a legal basis to dismiss it, on its face. If not, you and your attorney need to decide if it is in your best interest to take a plea deal or take the case to trial. For something like this, it is highly unlikely that the State would seek any jail time or suspend your license since it was issued in CT but they could report this, if convicted and CT could possible take action, if deemed necessary. This is even more so, with a good driving record and your last infraction over 2 years ago and unrelated to speeding. The attorney can try and work a plea deal, to get the State to amend the charge to a lesser included offense, like a regular speeding infraction, which would not be criminal. Moreover, they can try and see if the court would agree to impose driving school, in exchange for this lesser and to agree to not impose points on the license either. If you have any legal defenses, you could take the case to trial. If not, then your attorney can attack the credibility of the officer and his ability to properly use the speeding measuring device, that allegedly said your speed was 96mph. The attorney would want to question him on his training and experience and ability to properly use the speed measuring device. In addition, he would want to make sure the device was properly calibrated and that the officer has the supporting documents to go along with it. Trial is likely the last option, in the event that a plea deal can not be worked out. In addition, if a plea is taken, the attorney would want to speak with you and see if there were any mitigating factors, which could possible justify and/or excuse the high speed, that you were going.
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Hi Natalie. Just wanted to follow up and see if you had any other questions or needed me to clarify anything. I am here to help, so just let me know and I would be happy to answer them. Thanks!
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