Got Pulled over in NC. questions.

[nicktoney]

So i was pulled over sunday in North Carolina on my way home from daytona. i was traveling with traffic at about 80mph (i know, still not an excuse) but the limit must have changed to 55 and i didnt notice, but none the less, the i was the car that got picked... i was taking the exit to the rest stop (still didnt notice any LEO behind me) and as soon as i stopped, the officer was behind me. he comes up to the window, says "you were going 80 in a 55. license please." i hand it to him, he brings me a paper, says i have a mandatory court date in charlotte in april. the paper doesnt have a phone number, address, and i didnt have to sign a thing? seemed kind of strange. i live above Pittsburgh in PA and i work all week and would be really hard to get off and get to charlotte in NC for court. is there anything i could do about this? he also wrote on the paper something like i was wreckless driving, which i used my signal for every lane change towards the exit, not endangering anybody. any advice here? if i let anything out, ill be more than happy to explain better

 

[FordSVTFan]

Is the section of law the officer noted § 20‑140? The reckless statute in NC indicates that driving without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.

I am sure the officer will point to the fact that you didnt pull over for a significant distance and that your speed was 25 mph over the limit which would meet the definition above.

Also beware that this is a Class 2 Misdemeanor and therefore a criminal charge. I would suggest placing a call to a Charlotte traffic attorney and having a phone consultation.

Edit: I just checked Westlaw. NC does not have a per se reckless statute therefore excessive speed alone would not allow for a reckless charge. However State v. Cope, 204 N.C. 28, 167 S.E. 456 indicates that excessive speed plus articulable facts regarding the drivers lack of due caution is reckless.

 

[nicktoney]

"Also beware that this is a Class 2 Misdemeanor and therefore a criminal charge. I would suggest placing a call to a Charlotte traffic attorney and having a phone consultation."

does this mean jail time??

 

[nicktoney]

Arraigned Defendant Name: NICHOLAS,MICHAEL,TONEY
County: MECKLENBURG
Court Date: 04/20/2009
Session: AM
Court Room: 1130

Offense Code Description Statute
5450 Traffic SPEEDING 20-141(J1)
5446 Traffic RECKLESS DRIVING TO ENDANGER 20-140(B)

this is what it says...

 

[nicktoney]

I dont understand where the wreckless driving to endanger comes from?? i was taking the exit? not swerving, or weaving traffic.

 

[sc98cbra]

*edited by moderator* Were you in front? I've heard that if you tell the judge that you were not the leader of the pack then you should have not been ticketed?

Maybe?

 

[FordSVTFan]

does this mean jail time??

Although not likely it is a possibility.

Arraigned Defendant Name: NICHOLAS,MICHAEL,TONEY
County: MECKLENBURG
Court Date: 04/20/2009
Session: AM
Court Room: 1130

Offense Code Description Statute
5450 Traffic SPEEDING 20-141(J1)
5446 Traffic RECKLESS DRIVING TO ENDANGER 20-140(B)

this is what it says...

You have been charged with a criminal traffic violation which is a class 2 misdemeanor. This is serious. You must show up or a warrant for your arrest is likely to be issued. You should get on the internet and find a good traffic defense firm in the Charlotte area and have a phone consultation very soon.

good luck.

 

[FordSVTFan]

I dont understand where the wreckless driving to endanger comes from?? i was taking the exit? not swerving, or weaving traffic.

You are reading the statute title and not the statute itself. I posted the appropriate portion of the statute. Excessive speed + lack of due caution/circumspection is = reckless driving under that statute.

 

[jf4boogie]

Adam, I'm not 100% sure, but I think they just changed the law regarding speeding.

I believe that anything 25mph + over the speed limit is an automatic qualifier for a C&R if the officer so chooses.

 

[Juruense]

Damn OP sorry to hear, good luck man

 

[nicktoney]

i emailed a traffic defense attorney in charlotte for free consultation. any idea how much this could cost? not the fines, but the attorney fees? what all does a "class 2 misdemeanor" entail?

 

[jf4boogie]

USUALLY, the court cost is around $145 and depending on the lawyer around $150-$250 for his fees. It also depends on your driving record...when was your last ticket?

 

[nicktoney]

last ticket was from about 1.5-2yrs ago. i called a atty. he charges 650 but he seems pretty positive about himself. said he can get it lowered to a 64-55 so i wont have a wreckless.. im really content with that. sound about right?

 

[want-a-L]

last ticket was from about 1.5-2yrs ago. i called a atty. he charges 650 but he seems pretty positive about himself. said he can get it lowered to a 64-55 so i wont have a wreckless.. im really content with that. sound about right?

In VA i got hit with an 81 in 65 on my bike (80 and above is automatic wreckless). Mine got knocked down to 1-9 over, and I had to go to a driving class. That is probably what you would have to do. My lawyer BTW was 300. I think NC and VA are pretty close in terms of punishment (i.e. one of the worst states to be pulled over in)

 

[RDJ]

*edited by moderator* Were you in front? I've heard that if you tell the judge that you were not the leader of the pack then you should have not been ticketed?

Maybe?

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

I am sure this is correct. it comes under the same statute that says LEOs cant sit on the side of the road and radar you unless they have their lights on.

ANY judge will, if you raise this, tell you that it is the luck of the draw and up to the officer as to which car he stops in a pack.

 

[jf4boogie]

last ticket was from about 1.5-2yrs ago. i called a atty. he charges 650 but he seems pretty positive about himself. said he can get it lowered to a 64-55 so i wont have a wreckless.. im really content with that. sound about right?

That sounds waaay high honestly.

I'd call around some more. Sounds like he may just be trying to take advantage of the fact that you are out of state. Maybe you should save that little detail until AFTER they give you a price :thumbsup:

 

[90Mustang]

That sounds waaay high honestly.

I'd call around some more. Sounds like he may just be trying to take advantage of the fact that you are out of state. Maybe you should save that little detail until AFTER they give you a price :thumbsup:

I had contacted a few attorneys about a stop sign ticket i got two years ago. Most of them quoted me from $700 to $1500. So that doesn't sound too high?

 

[FordSVTFan]

last ticket was from about 1.5-2yrs ago. i called a atty. he charges 650 but he seems pretty positive about himself. said he can get it lowered to a 64-55 so i wont have a wreckless.. im really content with that. sound about right?

I would say a flat fee of $650 is not bad. The average hourly rate in that area is $225 -$275/hr.

For those saying it is high this isnt a simple traffic ticket. It is a misdemeanor arrest and that is why he is referred to as the "arraigned defendant" on the notice to appear.

You can call around and see if you can find cheaper but consider the effects of a conviction on your life.

 

[BK04SVT]

You got a reckless driving charge because in the state of NC, if you are doing 15 or more over a posted speed limit of 55+, it's classified as reckless driving.

 

[FordSVTFan]

Adam, I'm not 100% sure, but I think they just changed the law regarding speeding.

I believe that anything 25mph + over the speed limit is an automatic qualifier for a C&R if the officer so chooses.

You got a reckless driving charge because in the state of NC, if you are doing 15 or more over a posted speed limit of 55+, it's classified as reckless driving.

I cant find support for either of these statements.

As of today Westlaw states that NC § 20-140. Reckless driving holds:

(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.

(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.

(c) Repealed by Laws 1983, c. 435, § 23, eff. Oct. 1, 1983.

(d) Reckless driving as defined in subsections (a) and (b) is a Class 2 misdemeanor.

(e) Repealed by Laws 1983, c. 435, § 23, eff. Oct. 1, 1983.

(f) A person is guilty of the Class 2 misdemeanor of reckless driving if the person drives a commercial motor vehicle carrying a load that is subject to the permit requirements of G.S. 20-119 upon a highway or any public vehicular area either:

(1) Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others; or

(2) Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.

CREDIT(S)

Amended by Laws 1957, c. 1368, § 1; Laws 1959, c. 1264, § 8; Laws 1973, c. 1330, § 3; Laws 1979, c. 903, § 7, 8; Laws 1981, c. 412, § 4; Laws 1981, c. 466, § 7; Laws 1981, c. 747, § 66; Laws 1983, c. 435, § 23; Laws 1985, c. 764, § 28; Laws 1993, c. 539, § 365, eff. Oct. 1, 1994; Laws 1993, c. 539, § 1359; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 2000-109, § 7(b), eff. July 13, 2000.

HISTORICAL AND STATUTORY NOTES

Laws 1993, c. 539, § 1359, provides:

“This act becomes effective October 1, 1994, and applies to offenses occurring on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.” [Amended by Laws 1994, Ex. Sess., c. 24, § 14(c), eff. March 26, 1994.]

Laws 1993, c. 539, was ratified July 24, 1993.

2000 Legislation
S.L. 2000-109, § 7(b), eff. July 13, 2000, added subsec. (f).

There is no indication of a per se speed that constitutes reckless in and of itself.

I would be interested if either of you could post a link to your information.