Speeding ticket in North Carolina

[rehollin]

My wife recently received a speeding ticket in NC for going 59 mph in a 45 zone. This was the first ticket she has received ever in 25 years. She was indeed speeding, but honestly doesn't know how much over the limit she was going. The officer told her that she could either pay the fine or go to court. Since she was indeed speeding, she (naively) just paid the fine. Of course we now know what a mistake that was since our insurance agent informed us this will induce a 600 insurance increase, which obviously seems unfair considering the circumstances. We're happy to not contest the fine (which has already been paid), but how can we avoid the points and insurance increase? We have heard about the Prayer for Judgement Continued, and are wondering if this can still be invoked, and if so, how we should this is done. Help!

 

[lwpat]

It is too late. By paying the fine you plead guilty. The time to find out about your options is before you plead guilty. There are numerous posts on thsi board about NC PFJ.

 

[rehollin]

Speeding ticket in NC - reply

Thanks for the reply. Are you sure it's too late to use a PJC? My wife was told she could still request a court date by filing a document called Motion for Appropriate Relief, and that she could then request a PJC in court. We have also heard that the PJC plea involves first admitting guilt, albeit this is typically done at the time of the PJC plea in court.

 

[lwpat]

File the motion and see what happens. Anything is possible in traffic court.

 

[Robbie]

This NC web site mentions the "Motion for Appropriate Relief" option.

http://www.attydc.com/prac.html

I have heard of it being used also for suspensions resulting from out of state convictions.

 

[Robbie]

"Also, in many instances where people have represented themselves and the result was that they lost their license or their insurance premiums increased dramatically, by way of a Motion for Appropriate Relief, we have been able to go back and vacate the prior judgment and help our clients have their suspended licenses reinstated."