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what is a non waivable misdemeanor (received for driving 69

mph in a 35 mph...
what is a non waivable misdemeanor (received for driving 69 mph in a 35 mph zone)? What are the likely penalties for someone with no record?
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Answered in 2 minutes by:
7/5/2012
traffic77777
traffic77777, Attorney
Category: Traffic Law
Satisfied Customers: 343
Experience: Attorney
Verified
1. What state?
2. Did you already go to the hearing?
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Customer reply replied 5 years ago
Am I going to get another response? I don't understand whats happening and the status still says "We're waiting for you". My answer is 1. North Carolina and 2. No, is Aug. 10th
I apologize for the delay, the system is acting strange today. Non waivable misdemeanor means that the court appearance is mandatory, non-waivable. Although you may hire an attorney to go to court instead of you if it’s too far for you to make a personal appearance. The fine will be determined in court on a case-by-case basis, but since you have a perfect driving record, it will likely be in the range of several hundred dollars, $200-400. Unfortunately, cannot give you a precise figure because that is up to the judge to decide. There are several venues of fighting this charge available to you, depending on how much time and effort you want to invest into this.


1) You can fight the ticket by requesting discovery to see if there is anything wrong with the radar certificate. Also request officer's radar training records, notes, etc. Sometimes the police is so sloppy, they don't provide the necessary documents in the discovery, which means they cannot introduce them later at trial. In that case, you would have to object and say that such documents should not be admitted into evidence because you were not provided an opportunity to examine them in discovery. Some jurisdictions require you to serve your discovery request upon the prosecution and file a copy with the court, some limit the scope of discovery. So, call the court clerk to see what the requirements are and adjust this discovery request template accordingly to suit your case:
[date]
To: [XXXX Court, XXX District Attorney]

From: [Your full name and address]

Re: [Ticket/case number]

I am requesting full discovery for the above case, including:

* The front and back of the ticket
* Officer's notes
* Log book of the officer for the day of the violation
* The citation issuance policies in effect for the police department on [the date of your alleged violation]
* Radar/laser device make, model, serial number, options, and age
* Radar/laser device calibration certificates and calibration log sheets for the year before the violation (and months following if available)
* All other maintenance and repair history of the radar/laser device
* Failure and error rates of the radar/laser device
* The officer's certificate of competency
* Records relating to the training received by the officer regarding the use of the radar/laser device including including dates, location, and instructor name and address
* The training materials used by the officer when training on the radar/laser device
* Date that the officer first used the radar/laser device
* The full witness list
* All sworn affidavits
* All other evidence to be used by the prosecution

[Signature]


2) Appear in court and try to plea bargain with the prosecuting attorney right before the hearing. You would have to agree to plead guilty to a lesser offense which carries lesser fine/points. Clean driving record would help.

3) If the prosecutor is not willing to give a deal, the judge likely will if you show up to the hearing to explain the situation, bring up all the mitigating circumstances, your perfect driving record, financial hardship. Your perfect driving record means the judge will likely reduce this to a simple infraction (non-misdemeanor). You can request Prayer for Judgment Continued (PJC) from the judge. PJC essentially allows you to plead guilty without having the plea entered against you. It is a win-win situation generally, because the prosecutor can count it as a conviction, but in general it does not count as a conviction against the defendant.

4) Even if none of the above works, traffic school may be an option to reduce/erase the points from the record. Traffic schools can be completed online, sometimes for as little as $25, and may result in insurance premiums decrease, as well as point reduction.

This is a serious charge, so consider retaining an attorney. Many attorneys offer free initial consultation, so you have nothing to lose by calling up a few of them to get some free tips or at least find out where you realistically stand. In evaluating attorneys, make sure they have satisfactory answers as far as plea bargaining strategy, what realistic outcome they expect, experience, etc. To find a suitable paid lawyer at a decent price, I recommend you start with NC state bar-approved lawyer referral service: http://www.ncbar.org/public-pro-bono/lawyer-referral-service.aspx
traffic77777
traffic77777, Attorney
Category: Traffic Law
Satisfied Customers: 343
Experience: Attorney
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Category: Traffic Law
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