Legal Question in Criminal Law in North Carolina
Traffic Violation Laws
I received a speeding ticket (75 in a 55mph zone),but am a resident of Tennessee. If I ask the N.C. judge for a PJC, will the Tennesse licensing system honor that, assuming it is given, or will they only see the ticket given? Do I have any other options of appeal?
1 Answer from Attorneys
Re: Traffic Violation Laws
Good question and I don't know TN law. I know that
some surrounding states have never heard of PJC
so I generally avoid PJC route with out-of-state clients.
Try to plead to Operating a motor vehicle with improper equipment
, a non-moving violation under NCGS chapter 20. That statute
was intended to apply
to people who had broken mufflers etc. but has
become a great way to dispose of cases
so thatthe state gets a conviction of something
adnthe client gets convicted of something
that cannot hurt him. A non-moving conviction in NC
cannot be used by DMV for license points or by insurance companies in NC
to add surcharges under auto insurance. Generally, you will
pay the $86 court costs plus a fine of something,
expect $25 and up. You generally do not have to be present; a lawyer can handle it
without your presence. Exceptions include work zones, alcohol-involved
stops, special enforcement areas. Good luck and thank you for flying with us.
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