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David Nelson Jolly
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David Jolly’s Answers

89 total


  • Got parking ticket in another state can that state do anything to me for not paying it?

    Include background information that will enable lawyers to answer your question.

    David’s Answer

    The other answers are indeed correct. I hate when a simple civil matter turns into something severe - and it could happen. Please contact the appropriate agency and pay the ticket. Be sure that your license has not already been suspended - if it has, take the necessary steps to reinstate your license.

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  • I have an NC DL and got a ticket in VA for 43/30. Will the ticket and/or points show up on my NC DMV Record or to Insurance?

    Some sources I found online indicates that since my out-of-state speeding violation is less than 15MPH over, I would not be assessed any points by NC. Can you confirm this to be true, and provide a source to confirm? I have a clean recor...

    David’s Answer

    I agree with the previous response. Your insurance is really what you want to protect here. Definitely fight the ticket. In terms of the DMV/DOL, this one ticket may not harm your record but a second will. Therefore it is preferred that there is never a ticket on your record as the next ticket could occur as soon as tomorrow. Get rid of every ticket when you can. Good luck.

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  • A ticket from the car no longer owned

    I have a car with payment. Then i can not effort it anymore, so i return it to the bank, and the bank took them. But huge problem is i did not take off the plate, Now the car was sold to other company ( i have the document from the ban...

    David’s Answer

    I agree with the answer that precedes mine. Unfortunately and frustratingly you must do the leg work and get proof that the car was sold prior to any related infractions or tolls. This is when the law is exceedingly unfair - but get the proof and submit it timely to the proper agencies.

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  • Can I still get charged with small possession of marijuana even if they didn't give my friend a speeding ticket?

    My friend and I were pulled over for speeding in PA. The cop smelled weed in the car so we handed it over to him. After all is said and done, she didn't get a ticket for speeding. Is speeding the whole grounds for probable cause? Do we have a chan...

    David’s Answer

    I agree with my colleague in that the speeding ticket result has no affect on the result of your case, assuming the initial stop was legitimate. The threshold for the initial stop is less than it is for the State to prove a speeding ticket - further, the Officer need not cite the driver for a speeding ticket. However, your attorney may still have grounds to fight the initial stop so this must not be overlooked.
    It is critical that you contact a local lawyer as there may be other grounds to fight your case (actual or constructive possession of the weed versus no evidence that YOU were in possession of the weed). Please talk to a local attorney.

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  • I got a speeding ticket in New York City with the wrong date of the offense does that warrant grounds for dismissal, 10815 wrong

    But on the bottom of the ticket where the officer swear to tell the truth and signs was the correct date, right date 101815 he forgot the 1 in 18 so I'm saying it should've been 18th not the 8th which he wrote on the day of the offense.

    David’s Answer

    This should be a dismissal but the truth is, court is tricky. Depending on your court, a prosecutor with too much time on his hands could call and have the ticket amended or argue it is a "scribners" error. While you should prevail, but cautious. I would recommend contacting a local traffic ticket lawyer to "guarantee" a dismissal. Good luck.

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  • Cop made a mistake on my ticket

    I got pulled over i was driving and got a ticket for expired tags and my vehicle was impounded. But when i later looked over the ticket it was not in my name or my id info. The cop wrote the passenger in my vehicle info on the ticket instead of mi...

    David’s Answer

    All of the previous answers are correct. It is good that you looked closely at the ticket. This should be an easy dismissal but still act cautiously as I have known Judges who have taken it upon themselves to state it was a scribners error and correct the ticket (appealable, but you don't want that).
    I would still talk to a local attorney and heed their advice.

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  • 2 tickets within a month of each other for speeding in different counties.

    I have received 2 speeding tickets within a month of each other in different counties. One for going 58 in a 45 (Fort Bend county) and another in Brazoria county for not slowing down enough when passing a patrol car while they were on the side of ...

    David’s Answer

    You must contact a local attorney who specializes in traffic ticket law. This attorney may even be able to help you in both Counties. Attorneys practice this area of law area adept in the nuances of the practice that may dismiss or reduce both charges. You may also be able to take advantage of local programs in either court to earn said dismissal. Only a local traffic ticket attorney can properly advise. It's worth the free phone call - and perhaps hiring the attorney (well worth the investment). Good luck.

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  • Washington ADIS classes for out of state reinstatement.

    I have a GA license suspended for DUI on 2006. I need to pay fees, of course, but also attend risk reduction classes as well. It is acceptable to GA that I attend classes here in WA, as long as it is at least 8 hours of classroom instruction. My q...

    David’s Answer

    My answer is probably rendundant, but call the DMV/DOL in Georgia and a Georgia DUI attorney. In Washington you would need a Washington ADIS class to satisfy the DOL (for a Washington DUI).

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  • I am in a deferred prosecution with Washington state and have a question about the interlock requirement.

    I have called the dol twice and heard the same answer but I would like to hear it from an attorney as well. I hAve an interlock scheduled to come off on the 14th of next month and the dol told me I do not need to first provide 4 months worth of c...

    David’s Answer

    First, dealing with the DOL is like dealing with the devil. Red tape and administrative nonsense is the order of the day. However, you have little choice so do as they say and triple check.
    The law demands the FINAL 4 months of the required period be perfect. As already instructed by other attorneys, check with your IID provider that everything is acceptable first. If it is, appear at a DOL office (in Bellingham: http://washdui.com/Whatcom_County_Links.php) on the day you believe is the day to remove the IID. Once you have approval from the DOL - then, and only then - go get the device removed. Preparation is approval is the key when dealing with the DOL. Also, if you had an attorney - call that person for advice also.
    http://bellingham-dui.com/

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  • Should I fight a speeding ticket or just pay it?

    A few weeks ago I was pulled over for going 49 in what I was told was a 35 mph zone in Chesapeake, VA. The road I was on was divided by a grass median about 50 feet wide, had 2 lanes on my side (much like a 4 lane highway) and did not have a poste...

    David’s Answer

    Never just pay a ticket. You have options and many of these options will result in your favor. Your ticket may have a procedural error that will result in a dismissal. A local Court may have a policy to permit you to pay a small fine yet have the ticket dismissed (these are called "deferred findings" in my home State), or a local traffic ticket lawyer may be able to help get the case amended (or dismissed) so that your insurance remains unaffected. It's important to find out your options because ticket will affect your insurance. You don't want that. Good luck.
    http://www.whatcom-dui.com/traffic-tickets.html

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