Legal Question in Traffic Law in North Carolina
Speeding Ticket for Speeding ''Earlier''
I was recently stopped for speeding in North Raleigh by a city cop. I was NOT speeding at the time. He said that they got me for speeding an hour or two earlier but because of some traffic could not stop me. I asked him if this was allowed because i really don't believe it is. I am not going to deny going over the speed limit earlier and it isn't like i ran from the office because i NEVER had any idea he was attempting to pull me then, so is this really allowed or should i have gotten a ''Freebie'' of sorts?
1 Answer from Attorneys
Re: Speeding Ticket for Speeding ''Earlier''
While it certainly sounds like a ridiculous ticket, I would think it is allowed. When it comes down to it, you were suspected of violating the law and they eventually caught up with you. While your specific ticket may have been minor and you didn't intentionally run from the police, it is still analogous to someone driving 95 in a 45 who gets away but gets caught later.
That being said, you may have a better chance of fighting it if you wanted to take the time. Was it the same cop who clocked you and who pulled you over later? How did they find you anyway? If there was so much traffic that he couldn't pull you over, how can he be certain that he clocked you speeding and not someone else?
So I really don't know. The traffic DAs in Wake do not have too much discretion - they will generally reduce a ticket or allow you to ask the Judge for a Prayer for Judgment. I don't see them dismissing it, but it is always worth a shot. Then you could decide to plead not guilty and it would be tried in front of a judge.
If you lost, you could still ask the judge for a PJC or appeal to a jury.
Might depend on what your driving record looks like at the moment.