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My ticket is for failure to stop at a stop sign. Can I get a prayer for judgement for that without a lawyer?

Lincolnton, NC |

I did a rolling stop at a stop sign and the state trooper was going the other way, and did a u turn to pull me over. This is my first ticket since January 2009, which was dropped. I'm also trying to get a license plate ticket dropped from the same night.

Attorney Answers 4

Posted

Sure you can, but it's always in the discretion if the Judge. The risk is that you have to plead responsible (guilty) first before you make that request, so if the judge doesn't grant your request then you're stuck. But I don't think your 2009 case will be an issue. Good luck!

No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.

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4 lawyers agree

Posted

Ask for a trial and if the officer does not show up, make a motion to dismiss for lack of prosecution, if he does you might want to ask for traffic school.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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Posted

I agree with the previous comments. It is likely that the judge may grant you request for the PJC considering you have not had any violations since 2009. However, as mentioned, the granting of a PJC is solely in the judge's discretion.

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Posted

If rolling the dice and the possible worst case scenario isn't of any real concern to you, then go it alone. Judges' decision making and exercise of discretion is unique to each judge. The judge on Monday may grant you a PJC whereas the one scheduled the following day may not. This knowledge is part of what you pay for when you hire an experienced attorney. I had a client in today that made serious mistakes going it alone armed with the advice provided by the officer who wrote her the ticket! Don't do this to yourself. Don't roll the dice. Find a good attorney to help you. Fixing the second mistake is generally more expensive than fixing the first! Good luck.

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