Cumberland County


and I know going from 18 over to improper equipment isn't the norm for just showing up, but if they were willing to do that, I can see how getting it to a 9 over would have been pretty easy too.

[Edited on August 23, 2011 at 8:21 PM. Reason : .]

8/23/2011 8:20:49 PM

It varies by county, but the most common approach in most places is 9-over for most stuff if you show up to court, and non-moving violation if you send a lawyer. Lawyers, in most places, for most infractions, go for about $250.

8/23/2011 8:56:11 PM

I guess she got lucky then. But it was $240 without a lawyer... what's up with that?

8/23/2011 9:27:02 PM

It's all a racket. I've heard of places increasing the fines when they extend a good deal in terms of lesser charges.

8/23/2011 9:40:31 PM

her receipt just had 9 or 10 generic "fees" listed on it. She did say they told her the improper equipment fee was only $10

8/23/2011 9:44:58 PM

75 in a 55 on wade ave.

9/26/2011 11:27:02 AM

the part where you merge off of I-40?

9/26/2011 12:03:13 PM

What is the implication of a moving violation?

And does a Prayer for Judgement really mean much?

9/26/2011 12:26:01 PM

I tried James Crouch once and he was busy with another case.

9/26/2011 12:34:03 PM

How can I pull my driving record?

I for a 48 in a 35 in some tiny town outside Charlotte and a lawyer took care of it for $100 saying something about "no points going on my license." i'm wondering if he did a 9-over or actually got it reduced to a non-moving...

9/26/2011 12:50:43 PM

^NC DMV website

https://edmv-dr.dot.state.nc.us/DrivingRecords/DrivingRecords

[Edited on September 26, 2011 at 1:11 PM. Reason : .]

9/26/2011 1:10:28 PM

Yea it was right after you exit off of 40, they were sitting under the bridge. Already called james crouch.

9/26/2011 4:48:46 PM

^^ is that the record the insurance company will have access to?

9/27/2011 7:58:35 AM

I got a speeding ticket (72 in a 55) in another county. Called Crouch's office and they gave me a recommendation since he doesn't handle tickets in other counties. Lawyer got the ticket reduced and sent me a bill (post marked 12/28). I got a cashier's check on 12/30 and mailed it that day.

Today I received a letter from the Clerk of Superior Court that says I owe an additional $50 due to "failure to comply on time." I called my lawyer and it turns out the secretary didn't mail several bills on time and other people were in the same situation. She told me to go ahead and pay the $50, and they will reimburse me. I asked when I could expect the check, and she told me that she was afraid to admit her mistake and hadn't told to her boss about it yet. Then she told me that I may receive a letter from the DMV about my license being suspended, but not to worry about that as long as I pay that $50.

FML

1/9/2012 4:46:12 PM

bump for

/message_topic.aspx?topic=627564

5/20/2012 2:07:11 AM

Unfortunately having to post up in here...

Got my first speeding ticket in BFE nowhere in Tyrell County last week just outside of Columbia. The cop got a two for one and pulled the car behind me as well. 69 in a 55 (why the speed limit there is 55, who knows...to make up for the fact they are one of the poorest counties?).

I am on my family's car insurance, and according to my mother, the insurance rep says my rate will not go up because of the type of insurance she has? The first lawyer I got a free consult from says this is incorrect.

I don't want points on my license, or my insurance to go up. Advice? Court date is a month from now. Anyone know somebody who knows somebody from Tyrrell Co?

7/10/2012 3:24:32 PM

It's 55 because otherwise it would go from 70 to 35.

7/10/2012 4:11:29 PM

So I got a 40 in a 25 today on Greenleaf (off Gorman). Cop (who was uber nice) said he approximated my speed, did not use radar or anything.

Thing is I drove back through that street and didn't see a single speed limit sign. There's a 25mph sign for the s-curve, but I've always thought those were advising, and not legal...even still I got pulled right at the intersection with Kent (he was in the trailer park parking lot), far away from the s curve.

So without any posted speed limit sign, isn't the speed limit 35, not 25, as written on the ticket? While I think it *should* be 25, I'll still use that to get off if I can.

You all think I can use the speed limit thing + approximation (if needed) to get this ticket dismissed?

8/10/2012 7:52:01 PM

No, visual estimation is accepted by the courts as any layperson can accurately determine that you were violating the basic speed law ( speed greater than is reasonable and prudent under the conditions then existing). Your best bet would to fight the actual speed (i.e. reduced to < 9). Just my two cents.

In conclusion, writing someone for an approximate speed is chicken shit.

8/10/2012 9:10:01 PM

So it's accepted by courts etc, but chicken shit. Check.

Quote :

"fight the actual speed (i.e. reduced to < 9). Just my two cents. "

Huh?

Forget < 9, If there aren't any speed limit signs I don't think I'll have to do much fighting to get it thrown out (since it was written as a 40 in a 25). Is my assessment inaccurate?

8/10/2012 9:33:48 PM

But if its 35 unless posted, you were still speeding, right?

8/11/2012 1:56:55 AM

getting 5 over in a 35 based on approximation seems like the perfect picture of court unreasonableness.

8/11/2012 7:34:53 AM

My thinking is if the ticket is written incorrectly (25 speed limit instead of 35), I should be able to have the ticket dropped, and I don't see how they could re-charge me with another ticket of 40 in a 35. But I'm no expert here.

8/11/2012 11:04:30 AM

Is Crouch accepting traffic cases right, or are his hands full with defending himself? Would I even want to retain him, or would I better off with someone else?

I haven't followed that case in detail, since I'm living in FL (but I got a ticket last month when I was up in Raleigh). Mine was actually visual estimation, too, for 10-over on the Beltline.

(* now, I was doing probably 80+ after stomping it on an on-ramp, and he RADAR'd me coming off the ramp, but I braked so hard that I scrubbed the speed off before the gun got a reading).

8/11/2012 12:21:32 PM

His office was still handling mine a few weeks ago when I last checked.

8/11/2012 12:49:25 PM

I called them for help with something and they referred me to another attorney outside the firm.

8/11/2012 12:53:30 PM

Quote :

"Huh?"

There are two speed laws in NC a) traveling at speed greater than is reasonable and prudent under the conditions then existing and b) The per se violation - 75 in a 55.

The key to (b) is you need something to corroborate your opinion that someone was speeding i.e. RADAR.

What I suggest is look to get the ticket reduced to < 9 since the State would be hard pressed to introduce evidence of your actual speed.

Quote :

"My thinking is if the ticket is written incorrectly (25 speed limit instead of 35), I should be able to have the ticket dropped"

The ticket can be amended because you were still speeding. Even if it is 25mph, the officer committed an error of fact, not law and the charge can still be upheld.

8/11/2012 12:53:32 PM

Quote :

"There are two speed laws in NC a) traveling at speed greater than is reasonable and prudent under the conditions then existing and b) The per se violation - 75 in a 55. The key to (b) is you need something to corroborate your opinion that someone was speeding i.e. RADAR. "

Yeah it's definitely (b). It's written as a 40 in a 25... corroborated by visual approximation

Quote :

"The ticket can be amended because you were still speeding. "

Ok thanks for the knowledge.

8/11/2012 2:36:46 PM

Went to my court date and after saying there was no speed limit sign, ADA offered me a plea of 40 in a 35 (no skin off her back, they still get paid).

I said no thank you and am going to contest it next month. Hopefully I didn't shoot myself in the foot . I figure at this point 5 over is the worst thing that can happen...

9/20/2012 10:22:01 AM

Referring to Restricted's experience with these issues but mainly based on the fact that you never said you definitely weren't speeding, I'd say you burned your shot to get less than 9 over, especially if the officer says you were coming out of the s-curve whether it be true or not. Regardless of the chickenshit value it's still your word against an officer.

9/20/2012 12:44:44 PM

Quote :

"I'd say you burned your shot to get less than 9 over, especially if the officer says you were coming out of the s-curve whether it be true or not."

Ticket was written for 40 in a 25. Speed limit isn't 25, it's 35. He saw me/pulled wayyyyyyyyyyyyyy far away from the s-curve, which the ticket indicates (says at the intersection). I'm curious how I'm going to get 9 over when legally (assuming his visual approximation holds up) the most I was doing was 5 over.

9/20/2012 1:13:40 PM

Well

It appears I've fucked myself.

Like I said I wanted to contest, they gave me a court date in Oct when I'll be out of town. I called the Disposition court to get a new court date and they said they don't do that. So I either have to pay it (hell no) or hire a lawyer to take care of it?

Any other options here? Any way I can get the court date changed? If not, whats the worst that will happen (realistically) if I don't show up?

9/26/2012 12:58:05 PM

Quote :

"I said no thank you and am going to contest it next month."

you made a bad decision.

9/26/2012 1:03:52 PM

Yeah, what were you expecting?

9/26/2012 1:59:59 PM

^^ If I was going to be in town that day perhaps it wouldn't have been so bad of a decision...

Worst case I get a lawyer, I'm just hoping there are some other options here...

9/26/2012 2:29:23 PM

Update: They allow you to go in advance and deal with tickets (without contesting obviously), from 2-3:30 most days. I went in and pleaded to the 5 over. Not the desired outcome but not that bad either.

10/21/2012 11:19:33 PM

BUMP

Is there a new go-to lawyer for Wake County speeding tickets now that Crouch is in the slammer?

5/21/2013 12:09:15 AM

^ relevant to my interests

5/21/2013 12:30:10 AM

^^

5/22/2013 4:50:46 PM

^^^for speeding tickets i don't think you need a james crouch, denny crane, or better call saul. any run of the mill lawyer who sends you an ad in the mail after you get a ticket will do.

5/22/2013 5:57:51 PM

Wake County is one of the most lenient counties in NC. Don't waste your money on a lawyer for a moving violation unless you are a nervous ned and can't handle talking to the assistant DA yourself or if you have a job that pays enough to where missing work would cost you a lot more than the cost of court. Go to court, talk to the ADA, try to get them to reduce whatever you have to a non-moving violation such as improper equipment. If not (which in Wake County they do this quite frequently) then ask for a reduction to 9 over unless you already have points on your license then doing this will still give you I think 2 more points and your insurance will probably go up. Don't waste a prayer for judgement unless it is something really bad like reckless driving. If your insurance goes up and you have received less than 3 tickets in 3 years then you are just a dumb-ass or hired worthless attorneys.

My brother is an ADA in a NC county that I am not going to name and he runs district court (speeding, misdemeanors, etc, private warrant, etc.) and he tells me all this stuff. If you want to hire an attorney the absolute best attorney you can hire is not one who knows the laws the best, but one who has the best relationship with the District Attorney's office. They are usually the ones who get the best deals and usually have their cases heard first by the ADAs that like them.

5/22/2013 6:35:33 PM

Meh, I hired crouch, reasonable rate, it was my third ticket in < 3 years and it just "went away" from what his replacement told me.

5/22/2013 10:06:25 PM

I got a speeding ticket yesterday, and there's not even my speed listed. Just says "exceeding posted speed (GS 20-141B).

He told me I was going 63-65 mph in a 60... the hell, really? Basically, I was the first person to pass the State Trooper (this is not written on the ticket). It was on I-85. In the other information section of the citation (area, weather, visibility), he put the posted speed was 70 (P 70 under speed).

Definitely wasn't going 70.

8/2/2013 7:00:27 AM

i've never heard of a speed not being written on a ticket... that's weird.

8/2/2013 12:53:07 PM

Yeah, so.. definitely contesting it, but really unsure on how it's going to go, especially since it's my first ticket.

8/4/2013 7:02:43 PM

James Cr....

uh, never mind.

8/4/2013 7:04:11 PM

anyone had experience getting a tint ticket dropped?

8/4/2013 9:38:00 PM

^^^^
There is a Chapter 20 charge just for exceeding the speed limit. It could be 1mph-infinity over. It's a cover all charge for exceeding the posted speed limit.

As far as the citation, P 70 actually means pursuit 70. Meaning he/she was pacing the car at 70mph.

^
If you get the tint fixed with 14 days of being cited it's in the statue that the charge be dismissed. there's a form that I believe SHP and DMV can fill out saying same.

Or you could get it fixed, bring proof with you to court and it's pretty much sure to be dismissed.

8/5/2013 8:09:57 AM

Whaaaat?! There's no WAY I was going 70.

I obviously didn't notice it until he pulled away - is this going to come back and bite me in the ass when I get to court?

8/5/2013 6:20:55 PM

I would go to disposition court and see if they will drop it. If I'm not mistaken, the exceeding speed limit charge is only an infraction. I'll double check on that shortly...

Either way, it will probably be dismissed, if not pay court cost, or even PJC. You haven't had any other tickets or anything? They will PJC it if you ask.

8/6/2013 10:04:32 AM