I'm wondering if a PFJ is warranted in my case, or if I should try and have the citation thrown out.
I was cited for going 75 in a 55mph zone. But here's the situation: I was coming into town on a highway where the posted limit was 70. I was going about 76. I saw the sign to slow down, and began to do that. I think, because I was checking the speed on my gps, that my speed was probably 65-68 as I hit the 55mph sign. I know I was slowing at a relatively good rate because I was approaching a light. The traffic was light, maybe one or two other cars.
The officer didn't really ask me anything other than "do you know how fast you were going?" before going to her car and issuing the citation. She didn't ask for my registration or insurance info. Just took my license, issued the ticket (which is a printout that looks like a fax), and then was on her way.
I believe she may have clocked me (I have no idea if she was using radar, since I never saw her until I saw the lights behind me) while I was still in the 70mph zone. Regardless, I still would have been 10-12mph over the 55 limit (at the sign), although I still was slowing down in order to stop at the light.
To complicate things further, I was in the process of moving residences when the ticket was issued. Two days later I joined my husband and daughter at our new residence in Ohio.
So now I'm in Ohio and am required to appear in a Pitt County, NC court where apparently (from the law statutes I have downloaded), I will have my license suspended.
So my question, after all that background, is simply this: should I appeal to the DA for a PFJ, or should I attempt to fight this citation in court?
My feeling is that it will just come down to my word against the officer's, and we all know how that usually turns out.
If it is unlikely that I'll be able to have the citation thrown out, how do I handle the PFJ? Do I still need to drive the 10 hours south to talk to the DA and pay the fine?
Thanks for any help you all can offer.
I was cited for going 75 in a 55mph zone. But here's the situation: I was coming into town on a highway where the posted limit was 70. I was going about 76. I saw the sign to slow down, and began to do that. I think, because I was checking the speed on my gps, that my speed was probably 65-68 as I hit the 55mph sign. I know I was slowing at a relatively good rate because I was approaching a light. The traffic was light, maybe one or two other cars.
The officer didn't really ask me anything other than "do you know how fast you were going?" before going to her car and issuing the citation. She didn't ask for my registration or insurance info. Just took my license, issued the ticket (which is a printout that looks like a fax), and then was on her way.
I believe she may have clocked me (I have no idea if she was using radar, since I never saw her until I saw the lights behind me) while I was still in the 70mph zone. Regardless, I still would have been 10-12mph over the 55 limit (at the sign), although I still was slowing down in order to stop at the light.
To complicate things further, I was in the process of moving residences when the ticket was issued. Two days later I joined my husband and daughter at our new residence in Ohio.
So now I'm in Ohio and am required to appear in a Pitt County, NC court where apparently (from the law statutes I have downloaded), I will have my license suspended.
So my question, after all that background, is simply this: should I appeal to the DA for a PFJ, or should I attempt to fight this citation in court?
My feeling is that it will just come down to my word against the officer's, and we all know how that usually turns out.
If it is unlikely that I'll be able to have the citation thrown out, how do I handle the PFJ? Do I still need to drive the 10 hours south to talk to the DA and pay the fine?
Thanks for any help you all can offer.
