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Legal-Kal, Attorney
Category: Traffic Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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I was charges with GS 20-141 failing to reduce speed to

Customer Question

I was charges with GS 20-141 failing to reduce speed to avoid an accident. The last ticket I had was 15 years ago. My insurance paid to fix the car I hit. Could I go to court and ask for prayer for judgement?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legal-Kal replied 1 year ago.

Good evening:

My name is ***** ***** I would be happy to answer your legal questions this evening. Before I proceed, may I ask you a few questions so I can determine if you would be eligible for a PJC?

1) Has anyone in your household obtained a PJC within the past three years?

2) I understand you only had one ticket 15 years ago, but I would still like to ask this....have you personally received a PJC within the past 5 years?

Customer: replied 1 year ago.
No one in my household has receivers PJC and I don't think I have. I am looking at my drivers record now and don't see anything about a PJC. The only traffic incident in the past 5 years was expired tag and I went to traffic court and showed were tags renewed.
Expert:  Legal-Kal replied 1 year ago.

Ok, then it appears that you are eligible for it. However, it may be wise to "play it out."

What I mean by playing it out is this: if the individual that you struck does not appear in court, the prosecutor will not be able to prove the charge against you. If the state cannot prove the charge against you, they will generally dismiss the charge. Often times in court, when the defendant is called, the judge will ask "has anyone been involved in an accident with this individual?" If the individual who was struck is not there or does not respond, the state will dismiss the case.

You should try this first as you would be able to save your PJC. Now, if the individual is there, then you would have the option of pleading guilty and asking the judge for PJC OR you can request a trial. (This type of offense is not what is called "strict liability" such as speeding. The state must show that you were unreasonable or imprudent in your driving).

So in essence, you are eligible and can request a PJC. However, you should determine if the driver that you hit is present in court that day before you plead guilty.

I hope this helped. If you have any questions, feel free to ask. If not, please remember to click ACCEPT and leave feedback so I may receive credit for my response. Thanks!

Expert:  Legal-Kal replied 1 year ago.

Just a reminder, if you are pleased with my assistance provided to click accept and leave positive feedback as that is the only way I can be credited for my help. Thank you again.

Expert:  Legal-Kal replied 1 year ago.

Please click accept if you are satisfied with my assistance and time and effort spent helping you. Thank you.

Expert:  Legal-Kal replied 1 year ago.

Good morning:

Please remember to click ACCEPT if you have no further questions.