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  #1  
Old 01-19-2004, 05:35 PM
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Traffic Ticket Advice - Tyrrell County, NC

Hi gang -
I have a friend who received 2 traffic tickets in Tyrrell County, NC this weekend. Anyone here from that part of the world?

gs20-141: speeding, 78 in 55
gs20-150(a) improper passing

I'm looking for advice, maybe an attorney she can talk to? I'm not from there and have no idea what she should do. She lives 3 hours away from there so handling the problem is gonna be a major PITA.

tia,
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  #2  
Old 01-19-2004, 05:39 PM
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MHO, first have her call the clerk of the court, be polite, explain her difficulty and the distance. I had a ticket in a far-off county in Oregon, and the clerk was very understanding - I paid an 'administrative fee' and took a driving school up here in Seattle, and the ticket was dropped.

If that's no go, ja, find a lawyer. And tell her to slow down.
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  #3  
Old 01-19-2004, 06:46 PM
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I'd pay the tickets.

BTW, what exactly is 'improper passing'?
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  #4  
Old 01-19-2004, 06:55 PM
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Quote:
Originally Posted by ff
I'd pay the tickets.

BTW, what exactly is 'improper passing'?
Improper passing was because she was traveling on a 2 lane road, had a dashed yellow, pulled out to pass a truck (in her chick car with no balls) and had to come back in because she ran out of room before a corner came up that was a no-pass zone. The cop was in unmarked car behind her and accused her of discontinuing her passing maneuver because she saw him behind her. Quite the contrary, she didn't know he was there until she was pulled over.
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  #5  
Old 01-20-2004, 05:22 AM
OBS3SSION OBS3SSION is offline
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The way you're describing it, it sounds like she was indeed speeding. Have her suck it up and pay it. As for the "improper passing", well, that one sounds like maybe the cop was just trying to load the charges on, if what she told you is what happened. For that, I'd take Rgal's advice.
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  #6  
Old 01-20-2004, 10:27 AM
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Quote:
Originally Posted by OBS3SSION
The way you're describing it, it sounds like she was indeed speeding. Have her suck it up and pay it. As for the "improper passing", well, that one sounds like maybe the cop was just trying to load the charges on, if what she told you is what happened. For that, I'd take Rgal's advice.
Exactly. I've done alot of snooping around on the Net and there seem to be ways to have these things reduced and I think an attorney is the best bet. Sadly this is not her first offense so she has some history. I think cops tend to load it on if this is your situation.

Rgal - if it's not too personal, was the ticket you got excessive speed of 20+ over the posted limit? I think she or her attorney must appear in court because of the magnitude of the speed.

I read about an 85th percentile rule having to do with speed surveys on roads. The way it goes is a municipality puts one of those speed checking carts on a road and surveys the actual speed of traffic. Say the posted is 55, but 85% of the drivers are travelling at 70, then 70 is the accepted speed for the stretch of road. You think 78 might be the 85th percentile on this road? Nah, me neither.
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  #7  
Old 01-20-2004, 10:36 AM
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My husband got a ticket in NC before we had moved here. We were coming up on a househunting trip. Not sure where Tyrell County is so I can't give you specific info for her case.

However, in NC, anything over 20mph (I believe?) is a mandatory court appearance. Now, our ticket was only for speeding (22 over...it was an empty interstate), but since we didn't live here (still FL at the time), we simply called, told them our situation and that we weren't residents yet. They reduced the fine and we mailed a check and it was over and done with.

She may want to call the court and see if they can make an exception. Might not hurt to try.
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  #8  
Old 01-20-2004, 10:38 AM
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this happened to me once.

Quote:
Originally Posted by jvr530i
Hi gang -
I have a friend who received 2 traffic tickets in Tyrrell County, NC this weekend. Anyone here from that part of the world?

gs20-141: speeding, 78 in 55
gs20-150(a) improper passing

I'm looking for advice, maybe an attorney she can talk to? I'm not from there and have no idea what she should do. She lives 3 hours away from there so handling the problem is gonna be a major PITA.

tia,
I got a ticket for 22 over on I-40 in Tennessee coming out of the Smoky Mountains. I called the county clerk and asked her exactly how it worked, as I had a CDL and was worried about consequences to my license. She said, " It is $122 and the judge drops the charges upon payment of the fine". I said, "Where do I send my check?". Just call down there and see what they say. If you can get out of it by just paying a fine, do that.
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  #9  
Old 01-20-2004, 10:58 AM
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Quote:
Originally Posted by jvr530i
The cop was in unmarked car behind her and accused her of discontinuing her passing maneuver because she saw him behind her. Quite the contrary, she didn't know he was there until she was pulled over.
Sounds like they want the money more than anything. I'm sure an offer to pay would end the matter quickly.
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  #10  
Old 01-20-2004, 11:45 AM
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Quote:
Originally Posted by Tanning machine
Sounds like they want the money more than anything. I'm sure an offer to pay would end the matter quickly.
Not to be the bearer of bad tidings, but even if they are really interested in mostly the money, it may still show up on your driving record. I got a speeding ticket while on vacation in Utah a few years ago, and although I mailed them the check (in the police officer provided envelope, thank you very much) the very next day, I found out years later when I checked my state driving record that that ticket was on there... So even though your friend may not have to go back for a visit, the effects of the ticket may linger...
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  #11  
Old 01-20-2004, 12:07 PM
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Thanks to everyone for sharing your experiences. Unfortunately she's a resident of the RDU area, not from out of state. It's a points issue, she really doesn't need to have anymore.
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  #12  
Old 01-20-2004, 12:55 PM
OBS3SSION OBS3SSION is offline
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Not to anger you or anyone... but maybe she deserves the points. Sounds like a few nasty hits to the pocketbook might be needed to get her to change her driving habits.

Now, don't get me wrong. I'm not condemning speeding... nor condoning it. Heck, we all speed (well, mostly.) I do. But there's a difference between "speeding smartly" and "speeding recklessly". Sounds like she does the latter... and hence why she's got a record. Speeding smartly is staying within the means of the road you are on, your driving abilities, and not becoming a source of attraction. A few whacks to the finances might get her to change her style. If she skirts it, she'll just continue driving the way she does. Eventually... the consequences may be a bit steeper than a fine and points.
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  #13  
Old 01-20-2004, 01:43 PM
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Quote:
Originally Posted by OBS3SSION
Not to anger you or anyone... but maybe she deserves the points. Sounds like a few nasty hits to the pocketbook might be needed to get her to change her driving habits.

Now, don't get me wrong. I'm not condemning speeding... nor condoning it. Heck, we all speed (well, mostly.) I do. But there's a difference between "speeding smartly" and "speeding recklessly". Sounds like she does the latter... and hence why she's got a record. Speeding smartly is staying within the means of the road you are on, your driving abilities, and not becoming a source of attraction. A few whacks to the finances might get her to change her style. If she skirts it, she'll just continue driving the way she does. Eventually... the consequences may be a bit steeper than a fine and points.
We all speed. It's unfortunate that she was in this situation. She thought she was in a 65 zone. It's an easy mistake when a person usually drives in one area where the limit is 65 or higher, you become comfortable with that and think that whenever you're on a highway that is the speed. She happened to be in a place that was 55 and got caught not paying attention to the signs - and he was in an unmarked car. I know her and she's far from a deliberate speeder. Seems to me the county mounty's are tired of "big city folk" coming to their area and flying thru without paying attention. I'm sure it didn't help her that she drives a drop-top. At least it isn't red.

Regardless, she's in a situation and I'm trying to help her out. She's guilty yes, but other people who are usually far less law abiding get off with a slap on the wrist when they play the game correctly. Some of the people who responded to this thread are perfect examples of that. I don't mean they're not law abiding usually, i mean they got caught and paid a fine without point penalties. I'm just trying to help her get a chance at a break.
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Last edited by jvr530i; 01-20-2004 at 01:56 PM.
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  #14  
Old 01-20-2004, 02:36 PM
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"I'm just trying to help her get a chance at a break."

It's my understanding that the best chance for that involves hiring a lawyer... here's a thread on another site with a similar topic... maybe it will help...

http://www.eastcoastbmw.net/index.ph...north+carolina
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  #15  
Old 01-20-2004, 03:07 PM
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Quote:
Originally Posted by jvr530i
Rgal - if it's not too personal, was the ticket you got excessive speed of 20+ over the posted limit? I think she or her attorney must appear in court because of the magnitude of the speed.
It was... 78 in a 55. Really.

Utterly and completely my fault - a highway in south OR, Sunday morning. I thought it was 65, but I was still speeding. This was my You Know, I Should Stop Speeding... ticket. And I did - that was my last.
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  #16  
Old 01-20-2004, 03:38 PM
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Quote:
Originally Posted by Salvator
"I'm just trying to help her get a chance at a break."

It's my understanding that the best chance for that involves hiring a lawyer... here's a thread on another site with a similar topic... maybe it will help...

http://www.eastcoastbmw.net/index.ph...north+carolina

Quite helpful! Thanks Salvator!!
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Old 01-20-2004, 03:40 PM
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Quote:
Originally Posted by The Roadstergal
It was... 78 in a 55. Really.

Utterly and completely my fault - a highway in south OR, Sunday morning. I thought it was 65, but I was still speeding. This was my You Know, I Should Stop Speeding... ticket. And I did - that was my last.

Not that I want one, but lots of us would probably benefit from one of those.
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Old 01-20-2004, 04:34 PM
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I got a ticket also during Thankgiving weekend driving from LA to SF on I-5. Posted sign was 65 and i was going 87 according to the CHP. I was speeding, so were all the other cars around me - going at least 80 - but they were speeding with the flow of traffic. I changed lanes from 3 to 4 then to 2, to avoid a slow van that cut to my lane.

Mind you, I haven't had a ticket in 7+ years. Just sucked it up and paid the fine and am going to traffic school (via internet) so the ticket will not be on my record.
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Old 01-20-2004, 06:38 PM
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Quote:
Originally Posted by blkonblk330i
I got a ticket also during Thankgiving weekend driving from LA to SF on I-5. Posted sign was 65 and i was going 87 according to the CHP. I was speeding, so were all the other cars around me - going at least 80 - but they were speeding with the flow of traffic. I changed lanes from 3 to 4 then to 2, to avoid a slow van that cut to my lane.

Mind you, I haven't had a ticket in 7+ years. Just sucked it up and paid the fine and am going to traffic school (via internet) so the ticket will not be on my record.
FYI... Every single traffic stop, every single citation, and every single conviction is on your record.

I drive the speed limit but as my friend Butthead would say, 87 is hardly speeding, that's not even redline in third gear for crying out loud.
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Old 01-20-2004, 07:07 PM
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Quote:
Originally Posted by jvr530i
Improper passing was because she was traveling on a 2 lane road, had a dashed yellow, pulled out to pass a truck (in her chick car with no balls) and had to come back in because she ran out of room before a corner came up that was a no-pass zone. The cop was in unmarked car behind her and accused her of discontinuing her passing maneuver because she saw him behind her. Quite the contrary, she didn't know he was there until she was pulled over.
Some will say, she broke the law, pay the fine. The limit was 55, and that's the law, so what if she prudently discontinued a passing manuver that became too dangerous to continue.

Regarding the law and safety, it's quite likely the 55 limit was due solely to the National Maximum Speed Limit Act of 1974 that President Nixon signed to improve *fuel consumption* (not safety), spurred by the Arab oil embargo of 1973. A few years ago states got the right to set their own speed limits on rural interstate highways, but not other roads.

True she was doing over the previous limit (which was likely 65), but many officers that are safety-focused will not issue a ticket when a driver makes a bad judgement then corrects it for safety reasons. Other officers who are revenue-focused don't care and will issue a ticket if you're 1mph over, or took evasive action to avoid a semi, etc -- they don't care.

Re just paying the fine because "that's the law", she's equally empowered to use "the law" and get an attorney to intervene for her. In some areas a specialized traffic attorney can get 95% of routine cases dismissed. Sometimes you don't even have to appear -- the attorney appears for you. It varies by the attorney and local court system. The downside is it costs more than the ticket in most cases, and there's no guarantee -- you might pay the attorney fee plus the ticket. It's best to inquire of the lawyer's experience and success rate at handling tickets in that court system.
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  #21  
Old 01-20-2004, 08:37 PM
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Quote:
Originally Posted by joema
Regarding the law and safety, it's quite likely the 55 limit was due solely to the National Maximum Speed Limit Act of 1974 that President Nixon signed to improve *fuel consumption* (not safety), spurred by the Arab oil embargo of 1973. A few years ago states got the right to set their own speed limits on rural interstate highways, but not other roads.
...That doesn't sound right seeing how California has lots of 65-mph limited-access highways in urban areas (both Interstate and State highways).

This table of speed limits by state says North Carolina has a maximum limit of 70.
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Old 01-20-2004, 10:07 PM
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Quote:
Originally Posted by Stuka
FYI... Every single traffic stop, every single citation, and every single conviction is on your record.
Don't I know it!
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Old 01-20-2004, 10:46 PM
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My first ticket was for 95 in a 55. That was many moons ago, though, and I don't speed (excessively) anymore. Most I do now is 70 in a 55 or 80 in a 65, but I usually try to stay below that.

Anyway, that "95 in a 55" ticket would probably be most people's "You Know, I Should Stop Speeding" ticket, especially considering the fine was >$500. However, I was young, and alas for my pocketbook, it wasn't. An 85 in a 55 ticket the next year helped set things in motion, though.
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Old 01-20-2004, 11:40 PM
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Quote:
Originally Posted by swchang
My first ticket was for 95 in a 55. That was many moons ago, though, and I don't speed (excessively) anymore. Most I do now is 70 in a 55 or 80 in a 65, but I usually try to stay below that.

Anyway, that "95 in a 55" ticket would probably be most people's "You Know, I Should Stop Speeding" ticket, especially considering the fine was >$500. However, I was young, and alas for my pocketbook, it wasn't. An 85 in a 55 ticket the next year helped set things in motion, though.
Guess how much a 130+ in a 70 ticket is.

No, not me. Like I said, I drive the speed limit, Butthead is the evil one.
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  #25  
Old 01-21-2004, 05:56 AM
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Quote:
Originally Posted by FenPhen
...That doesn't sound right seeing how California has lots of 65-mph limited-access highways in urban areas (both Interstate and State highways).

This table of speed limits by state says North Carolina has a maximum limit of 70.
Sure, 70 mph on the interstates, but my guess is the unlucky subject of this thread was on a state or county road (or US route), which have varying speed limits, but usually 55 or 65. I got popped on US-74 doing 68 in a 55. I thought it was 65, and a half-mile further up the road it became 65 -- but by that time I already had ticket in hand.

I will echo what others have said: best plan is to get a lawyer -- one who knows the particular court. It will save time, money and points. My 13-mph over became an improper equipment charge (whatever the heck that means), which is a non-moving violation (i.e., no points), and $100 total (fine/court costs/etc., all except the lawyer).

As for speed limit justifications, I concur that they were based on energy conservation and not safety (although I had it in my head it was Carter, not Nixon, but I was mistaken). But once it is a law, the justification for it becomes almost irrelevant.
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