Any LEO's in Clayton?

D

DailyDrifter

The Slow and the Curious
Joined
Dec 5, 2007
Well I got pulled over again :rolleyes:, Got me for 75 in a 55 on Rt 70 in clayton. Then the guy says my rear tires are worn (I have about 3/32nds left on them(2/32nds pass in PA)), so I told him "wouldnt I get better grip from a slick tire" he laughed but I still have to go to court now. He said he wouldnt be at the court when I go, so my questions is, is there anyway out of this? There was a guy in front of me doing the same speed for crying out loud :rolleyes:. Also another note, I havent even seen a speed limit sign posted on the road.
 
That section is a notorious speed trap, so I'm not surprised. As far as the speed, sounds like the patrolman had a "fielder's choice" and unfortunately went after you. Maybe the DA will reduce it, or a lawyer can make it go away. Were you actually cited for the tires and did the officer actually bother to measure them?
 
The exact words are "operating a vehicle that was equipped with tires that were not safe for operation of the motor vehicle and exposed the public to needless hazard":rolleyes:.(not safe, i've done over a 100mph with these tires for about 50 miles straight :eek::biggrin:)..............At least my car isnt broken down on the side of the highway:rolleyes::rolleyes:. I didnt get a ticket for the tires just the speeding. I'm going to find my tread depth guage and find out for myself, they are at least 3/32nds though. I've been pulled over down here before and I'm not wasting money on the lawyer. I also have a PA plate, as the car is still registered in PA, so I think that may have something to do with it. Furthermore I dont even know how he clocked me, I dont think I was even going 75 :rolleyes:. I'll roll the dice in court, whats the worse that can happen..........................
 
Did you get 2 tickets? One for speeding and one for the tires?

If so you are screwed on the speeding, just go to the DA at court and try to get it dropped down if you can't get a lawyer... Far as the tires? I would go to an inspection station TODAY and have the tires checked. TAKE PICTURES! If they say they are good as for a statement or even pay to have the car inspected over and carry that to the DA. With him not being there to argue that one you should be ok IMO...

Welcome to a broke state that needs money... Oh wait, they are all broke:mad:
 
Only 1 for speeding Shane. I know this state like's their money :rolleyes:, they will drop the ticket to a lower offense I was told by the cop. The state inspection is also a joke, nothing like PA inspection ....................... I know, I know "I dont care how you did it up north":eek::biggrin:, but we dont have broken down cars every 10 feet either :rolleyes:;)
 
DailyDrifter said:
Only 1 for speeding Shane. I know this state likes their money :roll eyes:, they will drop the ticket to a lower offense I was told by the cop. The state inspection is also a joke, nothing like PA inspection ....................... I know, I know "I dont care how you did it up north":eek::biggrin:, but we dont have broken down cars every 10 feet either :roll eyes:;)
Click to expand...


That is just because we don't have as many wreck trucks as you guys;):big grin:
 
If the cop isn't at the court the case should be dismissed. You have the right to face/question your accuser.
 
What happens a lot nowadays, is you go to court and have to schedule a court date that the officer will be in court to face the accuser. Pretty much ties up 2 days for you at least. As for the PA plates and another vehicle traveling the same speed, I am sure the officer picked you as the easy paying victom. Figuring that you may not even be around for the first court date and just pay by phone or internet. When you go to court and request a trial by jury after explaining your case briefly that you have a PA registered vehicle and another vehicle was traveling the same speed as you, AND that you feel that neither of were actually speeding - that may change some decision on how they will handle it. Maybe changed to a non-moving violation with a moderate fine that will not go against your DL.

Just a thought...

Mike
 
And there is the loophole Beamer:rolleyes:, I hate this chit:mad:. I'm just going to call SHENANIGANS when I go in there :biggrin:. I'm going to talk Robertmee into being my lawyer for that day :biggrin:. Hopefully its not the same judge I had last time:eek:
 
Well, there is also the issue of speedy trial. Here it gets very muddy as often times different states treat traffic violations different ways. There are no federal statutes as to whether a traffic violation is criminal or a civil matter. The 6th amendment of the constitution insures the right to a speedy trial. This can be anything from 45 days to 180 days and only applies to CRIMINAL offenses. However, I believe NC treats traffic violations as CRIMINAL so speedy trial rights should apply. Did you get pulled in Wake or Johnston county? Clayton straddles both. If you look at WC's website:

Criminal Division: Clerk of Superior Court - Wake County, NC

you'll note that traffic fines are mailed to CRIMINAL court so that further enforces that NC may treat traffic violations as Criminal. WC started disposition court where you can go anytime and plead your case and set a future date if pleading not guilty. Does your ticket show a specific date/time to appear in court or does it show a range of time?

If a specific time and it is in wake county then you have a very good chance of it being dismissed if the officer is not present due to speedy trial issues AND the fact that wake county is simply overburdened with court appearances. There is the chance that the judge sets a future trial date but because the court schedule is so full and having to coordinate with the officer's schedule, it may fall outside of speedy trial requirements. Plus, the longer it goes, the more chance the officer never shows and again it is dismissed.

At this point, you have to decide how much your time and aggravation is worth. I would at least appear at the first court date and hope for dismissal or a nice reduction offer by the DA. If that doesn't happen then contemplate the next step. You could also hire a lawyer (you'll start getting solicitations in the mail as they monitor the court dockets) that can usually get the ticket dismissed for court costs. But you'll end up paying around $150 to the lawyer plus the court costs. Lastly, if you haven't used it, you can go for PFJ (prayer for judgement). You get one of these for every 3 years. It basically says you'll pay the fine but not admit to any guilt. If the judge grants it, you won't get any violation on your record.

Lot's to consider.....
 
Update! Well I got to the court house a little before 9am. There was a line of about 50 people :eek: when I got there, in total there were probably about 200+ people that went through the "system" yesterday. Most people had there tickets reduced to a lesser speed, I was not one of them :rolleyes:. I had to pay $130 when all was said and done. With my rough calculations they made over $26,000 yesterday just in speeding violations :eek:. Next time I'm going to try and fight it and hope the officer does'nt show up. And Hopefully Robert will come with me ;)
 
For next time

I'm not sure how they do things in Johnston County AND I'm pretty sure about the officer needing to be there for a trial...I know that Durham Police officers schedule court dates for traffic, but won't show up unless the defendant requests a trial, and then the officer is called in to give testimony...although a written statement MIGHT suffice for the officer's testimony (it would probably be written on the ticket)

As for "PFJ" (Prayer for Justice) I thought the courts actually refer to that as "PJC" - Prayer for Justice Continual (or Continuous? Continuum?) not sure if it was an oversight, but I actually had TWO at the same time (about 10 years ago...GOSH, has it been THAT LONG?)...but...got hit for both by my insurance until the first one got older than three years, and then, the newer one was ignored for insurance purposes - is that what you ended up with? Yeah, I think you pay court costs for PJC? Did you ask for reduction in charge OR PJC? I think PJC is easier to be given if you have a clean records - better for the DA (or ADA?) court record (still counts as a "win" for them)

My last speeding ticket was in Arkansas (in 2006) for 103 in 65...didn't have to appear in court, didn't see any raise in my car insurance after I paid the fine ($160 I think it was...)...oops, newest speeding ticket was 77 in 55 in 2008 in VA...yeah...paid the fine, didn't see any raise in my car insurance!

I think it is Illegal to keep the PA registration, unless you are in the military...blah blah...but I've been trying to be a "good boy" so I haven't had any reason to keep current on any of the laws...
 
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