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Asked over 4 years ago - Monroe, NC
Flagi got a speeding ticket 53 on a 35 mph zone and have tog o 2 court. what ahould i do, wat are my best options and im really mostly worrrie about my license getting suspended or my insurance to go up.
Best thing to do is try and get it reduced to improper equipment either by speaking with the DA yourself on your courtdate or hiring an attorney.
jason@jtburnslaw.com
www.jtburnslaw.com
Speeding more than 15 mph over the limit is a Class 2 misdemeanor in North Carolina, which is punishable by up to 60 days in jail for the folks with a lot of convictions, or in intermediate punishment, or in community punishment (think probation or community service for these latter categories). You can also face a maximum find of $1,000. A lot depends on your motor vehicle history and prior record. See N.C. Gen. Stat. 14-141 for the statute on speeding and 15A-1340.23(c) for the one on classes of misdemeanors.
If you are convicted of speeding more than 15 mph over the limit, I can predict with 100% certainty that your insurance rates will go up. If you already have DMV points on your license, you may also lose your license.
On the other hand, if you have a good driving history, you have more options available to you. You might have heard of a PJC, which is a prayer for judgment continued. This is a way to avoid the conviction but still admit guilt, and it helps avoid the nasty hike in insurance rates you're worried about. PJCs can be treated as convictions under some circumstances and this is a bit of a tricky situation.
I don't practice in Monroe, NC, but I suggest you find a good traffic attorney there and see what they recommend. Good luck to you!
In California, going 53 in a 35 is an offense allowing you to go to traffic school. You'd enter a no contest plea to the charge of speeding, then go to a one-day traffic class. Submit proof of completing the class (which is about 7 hours, usually done on a Saturday. With an hour for lunch and the rest spent in classroom). and the offense disappears, as if it never happened. No ramifications with your insurance company.
License suspension won't happen unless you're convicted of going faster than 100mph, or commit a more serious offense like reckless driving or dui. A 53 in a 35 is nothing to worry about - no suspension, and with traffic school, no insurance increase.
Most states use a point system whereas if a driver accumulates too many driving infraction points in a certain period of time their license is suspended. Additionally the insurance industry is constantly looking for ways to raise your rates. If you are convicted ot the traffic offense it is likely that this will increase your insurance premium. My best advice is to seek the assistance of an attorney in your area. In many States points generated from a ticket can be "withheld" by the court during a plea of nolo contendre. This means that you do not obtain points against your license and the insurance industry cannot use the ticket as a basis to increase your rates.
Good Luck
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