Speeding Ticket In Asheville, NC

[franpk]

My 16 year old son received a ticket in Asheville, NC...51 in a 35. I have been told that we can approach the DA on our own to have it reduced. Does anyone know how that works? Do I contact the DA prior to his court date, or wait until we arrive there? Also, is it appropriate that he approaches the DA himself, as I feel he needs to take responsibility for his actions. He's had his license for 4 months...any advice would be appriciated. Thanks!

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Robbie]

It's highly likely officer is trying to send a message charging your son with 51 in a 35 (rather than 50 in a 35). I'll bet he was going faster and plea may be hard to get.

If he needs to drive, take this seriously since his license will be suspended if convicted for more than 15 over. Insurance points will be 2 which means a 45% increase in our insurance.

If you can get it reduced to 9 over, it will be 1 insurance point which will not increase his insurance for a first conviction.

NC also has a PJC the Judge can grant once every three years per household that essentially drops the conviction for insurance purposes. You might want to save that option for the future.

You can try to see if they will reduce it when you go to court, if not, plea not guilty and return with an attorney. Or see an attorney first for advise.

See the following link for more info.
http://www.ncsu.edu/student_affairs/legal_services/legaldocs/Trafficpoints.htm

 

[lwpat]

North Carolina Speeding Ticket

North Carolina speeding tickets for 15+ over the limit are an automatic suspension. Considering the insurance increase if you cannot get this reduced, I would go ahead and spend the money to retain an attorney and let him handle it. He can probably get you the 9 over which is about the best you can hope for. I agree with Robbie on saving the PFJ. At 16he is going to get a few more before three years are up and you may need it for a more serious charge.

If you need some attorney resources, send me a private email.