Question on a ticket

[crankyazz]

prior to driving trucks, I was a police officer in the great state of North Carolina... by him not signing the citation. It really has no bearing. Their does not need to be a signature present for the charge to stand. However I would fight it by getting an attorney. If you pay one enough they can get it dropped to improper equipment, which means.... no points but North Carolina will still get their money. just some quick advice.


also on another note, in North Carolina, as Officers we had set court dates for the month. Therefore when we pulled someone over. it was always on our next court date. so yes they do and can give you a date at the time you were cited for the traffic offense.

[Orangetxguy]

No I don't have proof. I can call, and ask for proof through e-mail. All I know is that the original court date was July 18, and yes I should have called the lawyer on that date.

Look...none of my business...but you have the ticket in hand..or you should have a copy of the ticket in hand. Call the number on the ticket MONDAY MORNING, first thing. Put everything else on the back burner for 20 minutes, and call the CLERK OF COURT, listed on that ticket. Make certain that the lawyer did get a postponement. If he did not do as he informed you, you need to get that imparted to the Clerk of Court monday. You need to give the Clerk of Court the name of the Lawyer you have retained, plus the phone number that the lawyer can be reached at, as well as the fax number. The clock stopped ticking at 5pm eastern time on the 18th.
If the lawyer did not get the postponement...your Hubby is up the creek, with out a canoe.

If you don't check up on this...your next step could very well be finding a new job for the Hubby..because his license will be suspended.

[Truckfam]

prior to driving trucks, I was a police officer in the great state of North Carolina... by him not signing the citation. It really has no bearing. Their does not need to be a signature present for the charge to stand. However I would fight it by getting an attorney. If you pay one enough they can get it dropped to improper equipment, which means.... no points but North Carolina will still get their money. just some quick advice.

First he already has an attorney. If you read, it is the NC new pull over law and has nothing do to with equipment. It basically states if an emergancy vechicle is on the side of the road, that you need to move into the lane if you can do so safely.

There were no emergancy vechicles, and my husband said he didn't even see any cops. There may have been a cop without his lights on. When he had my husband pulled over, he couldn't get into his cop car and a dozen or more vechicles passed him. He was singling all of them to move over to the side of the road with is hand, as if they are really going to.

Personally, I think it was a ticked off cop that had previoiusly pulled someone over. He decided to nail the next likely person, who just happened to be my hubby. I'm sure he probablly nailed another person right after he got done with hubby. I forgot to ask, and he probabllly doesn't remember now.

[Truckfam]

Look...none of my business...but you have the ticket in hand..or you should have a copy of the ticket in hand. Call the number on the ticket MONDAY MORNING, first thing.

If the lawyer did not get the postponement...your Hubby is up the creek, with out a canoe.

If you don't check up on this...your next step could very well be finding a new job for the Hubby..because his license will be suspended.

First, I don't have the ticket, my hubby does. Second, he trusts the lawyer, so I'm basically out of the picture. We'll see if my hubby is up the creek or not.

A major problem here. This is a brand new law that has been recently passed. I'm sure many people in NC even realize that it exists. The worst that would happen is it gets on his record and he gets the points.

Suspended for faliure of not moving over to the left lane? This cop was looking for a way to give my husband a ticket. Hubby said he didn't look too happy when he couldn't nail him on speeding or bad equipment. He sorta "settled" for this new move over law. Since he settled, I seriously doubt that it comes with a license suspension.

The lawyer is going to try to keep it in NC and off of his drivers license. He would pay the fines, but it would not show up on the DMV record and he would not get points. I wish I had this in writing. The lawyer told me that if he couldn't keep it in NC, because it would have to come to our state to determine the points, that he would return his fees.

[Mr. Ford95]

Future advice, no matter what state your husband is in, if he see's ANY vehicle on the shoulder, move over a lane. If it is not possible due to another vehicle being beside him, slow waaaayyy down especially if it's a cop there. It's simple courtesy to move over for any vehicle on the shoulder, now it's a law in most states since so many people were inconsiderate in the past.

[Karnajj]

Get a lawyer. Let them plea it down, then pay the fine. This is the simplest way to keep tickets from collecting on your licence, or at least it will be plead down to a lower ticket.

I'll tell you this. Been my experience that a judge will take a cop's word over a truck driver, unless the truck driver has video, tape, etc....then it's a 50/50 chance.

Good luck.

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

[Blind Driver]

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

BS, I just pled mine down to a parking violation.

[greg3564]

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

BS, I just pled mine down to a parking violation.

You had a speeding ticket in a commercial vehicle turned into a parking ticket?

[Karnajj]

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

BS, I just pled mine down to a parking violation.

What was the original ticket?

[greg3564]

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

BS, I just pled mine down to a parking violation.

Not saying you're lying. But the federal rules regarding tickets being downgraded or going to driving school are pretty clear.

§384.226 Prohibition on masking convictions.

The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.

[67 FR 49762, Jul. 31, 2002]

[golfhobo]

prior to driving trucks, I was a police officer in the great state of North Carolina... by him not signing the citation. It really has no bearing. Their does not need to be a signature present for the charge to stand. However I would fight it by getting an attorney. If you pay one enough they can get it dropped to improper equipment, which means.... no points but North Carolina will still get their money. just some quick advice.

First he already has an attorney. If you read, it is the NC new pull over law and has nothing do to with equipment. It basically states if an emergancy vechicle is on the side of the road, that you need to move into the lane if you can do so safely.

There were no emergancy vechicles, and my husband said he didn't even see any cops. There may have been a cop without his lights on. When he had my husband pulled over, he couldn't get into his cop car and a dozen or more vechicles passed him. He was singling all of them to move over to the side of the road with is hand, as if they are really going to.

Personally, I think it was a ticked off cop that had previoiusly pulled someone over. He decided to nail the next likely person, who just happened to be my hubby. I'm sure he probablly nailed another person right after he got done with hubby. I forgot to ask, and he probabllly doesn't remember now.

A major problem here. This is a brand new law that has been recently passed. I'm sure many people in NC [don't] even realize that it exists. The worst that would happen is it gets on his record and he gets the points.

Suspended for faliure of not moving over to the left lane? This cop was looking for a way to give my husband a ticket. Hubby said he didn't look too happy when he couldn't nail him on speeding or bad equipment. He sorta "settled" for this new move over law. Since he settled, I seriously doubt that it comes with a license suspension.

Truckfam: You're getting a bit "defensive" whereas these guys are just trying to help you.

Crankyazz can read fine. He told you it MIGHT could be REDUCED to a "faulty equipment" violation. This is common practice because it reduces a MOVING violation to a NON-moving one, so no points on your MVR.

"Mover Over" laws are NOT new. I think EVERY state has them, and they've been around awhile. ALL TRUCKERS should be aware of them if they've driven anywhere in the country for more than 2 weeks. Signs are posted every few MILES!

They ARE considered pretty serious offenses, though I'm not sure just HOW serious.

A COP IS an "emergency vehicle" lights on or not.

The "suspension" that Orangetxguy referred to was for Failure to appear in court. I don't personally know if this would cause a suspension, but it wouldn't surprise me.

You ASKED people here not to "snipe" at you.... and they didn't. It is YOU who failed to read and comprehend their answers correctly. I'm sure you are a bit stressed about all this, but it comes with the territory.

I wasn't there, so I don't know if the cop was on the side of the road when your hubby went "weaving" by on his phone or not. But, if he was.... your hubby violated a very COMMON law in this country. I hope the lawyer does good by him, and that he learned a valuable lesson.

[Truckfam]

golfhobo, I get snippy two weeks out of the month, and have two good weeks as long as I don't get under a lot of stress. If I'm under a lot of stress during my two bad weeks, watch out.

Final news. You and crankyazz (why didn't I think of that name?) were right. It was moved a "faulty equipment" violation, and all other charges were dropped. He got no points, and his MVR is still clean in North Carolina and PA.

The lawyer did say that if it wasn't dismissed, then he would have had 4 points, and our insurance would have been increased.

I gave him the letter from the lawyer as a birthday gift. It arrived the day before his surprise birthday party the day before labor day. He is coming home tomorrow, and I'm mid way between my two bad weeks. Can't sleep, took three advil, and I still have bad stomach cramps.

Before advising going to the doctor, the last doctor told me the only thing she could do was to put me on birth control pills. I declined, since I don't need them, and wouldn't take them regularly anyhow.

[Truckfam]

Sorry for the double post. I must have hit the submit button twice. :twisted: Dang, I was using Firefox also. Didn't think I'd have these type of glitches with that browser, like I have had with IE. I guess every browser has it's glitches.

[DD60]

golfhobo, I get snippy two weeks out of the month, and have two good weeks as long as I don't get under a lot of stress. If I'm under a lot of stress during my two bad weeks, watch out.

Final news. You and crankyazz (why didn't I think of that name?) were right. It was moved a "faulty equipment" violation, and all other charges were dropped. He got no points, and his MVR is still clean in North Carolina and PA.

The lawyer did say that if it wasn't dismissed, then he would have had 4 points, and our insurance would have been increased.

I gave him the letter from the lawyer as a birthday gift. It arrived the day before his surprise birthday party the day before labor day. He is coming home tomorrow, and I'm mid way between my two bad weeks. Can't sleep, took three advil, and I still have bad stomach cramps.

Before advising going to the doctor, the last doctor told me the only thing she could do was to put me on birth control pills. I declined, since I don't need them, and wouldn't take them regularly anyhow.

Glad to hear of the outcome. :wink:

[DD60]

Get a lawyer. Let them plea it down, then pay the fine. This is the simplest way to keep tickets from collecting on your licence, or at least it will be plead down to a lower ticket.

I'll tell you this. Been my experience that a judge will take a cop's word over a truck driver, unless the truck driver has video, tape, etc....then it's a 50/50 chance.

Good luck.

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

Yet we have another truckstop lawyer. That is NOT true. In most counties tickets can be pleaded down or changed to a nonmoving violation. It is NOT garaunteed however.

[Fozzy]

You cannot plead a ticket down to a lower offense any more. You should no that. Its been the law for a few years now. You either get the ticket thrown out or you get convicted of the original offense.

BS, I just pled mine down to a parking violation.

You had a speeding ticket in a commercial vehicle turned into a parking ticket?

Gee.. I wonder when the "dangerous" Mexicans will be able to do that?