Question on a ticket

[Truckfam]

I'm the wife. I just want to know what to expect. Please leave all scarcasm and your scr**ed remarks out. I had an extremely bad week already, and I'm not the dirver.

My husband just got his first ticket in North Carolina in Warren County on interstate 85 going North. Yes, he was talking on a cell phone while driving. Yes, I need to get him a new phone that will allow him to get an actual headset and not just an ear piece. No, I haven't been able to afford one as of yet. This is on my to do list, as soon as I can.

To the ticket. The cop pulled him over. Yes, he saw my husband talking on the phone, and mention it. Didn't suggest or hint not to use it. He started talking to my husband saying he was weaving out of his lane. Husband tried to get cop on good side.

Exactly what was written on the ticket was:

Failed to move vhecile into a lane that was not the lane nearest the authorized emergancy vechilce, and continued traveling until safely clear the authorized emergancy vechicle.

Husband said he didn't see any emergancy vechicles while driving. Officer didn't mention any points, and none written down. Officer didn't have husband sign anything.

North Carolina Fine $250 court cost $110.

My husband already told company the court date, and they said they would try to have him there by July 18.

How do the points work? Will they be determined at the hearing? What are his chances of fighting the ticket? What about him not signing anything?

I know the easy route would just to pay the $210 without the court date, or would we still have to pay the extra $110 anyhow? Somehow I feel that there will be dire conquences if he doesn't go to court.

Is this considered a moving violation? I'm assuming this will be reported on his DAC no matter what happens.

He is with a good company even though he has only been with them from the beginning of the year. I don't forsee them fireing him over this. If he was with one of the other larger companies that like to DAC drivers for every little incident even for things that shouldn't have been reported, then yes he would have lost his job.

I would like to know what happens now, and the best way to handle it.

Edited to add: He wasen't talking to me either.

[Mr. Ford95]

I would try to find a lawyer in the locale of the ticket and ask about being able to leave and never signed anything. That doesn't sound right but I've never been stopped in NC before to know any better.

[Fredog]

I'm the wife. I just want to know what to expect. Please leave all scarcasm and your scr**ed remarks out. I had an extremely bad week already, and I'm not the dirver.

My husband just got his first ticket in North Carolina in Warren County on interstate 85 going North. Yes, he was talking on a cell phone while driving. Yes, I need to get him a new phone that will allow him to get an actual headset and not just an ear piece. No, I haven't been able to afford one as of yet. This is on my to do list, as soon as I can.

To the ticket. The cop pulled him over. Yes, he saw my husband talking on the phone, and mention it. Didn't suggest or hint not to use it. He started talking to my husband saying he was weaving out of his lane. Husband tried to get cop on good side.

Exactly what was written on the ticket was:

Failed to move vhecile into a lane that was not the lane nearest the authorized emergancy vechilce, and continued traveling until safely clear the authorized emergancy vechicle.

Husband said he didn't see any emergancy vechicles while driving. Officer didn't mention any points, and none written down. Officer didn't have husband sign anything.

North Carolina Fine $250 court cost $110.

My husband already told company the court date, and they said they would try to have him there by July 18.

How do the points work? Will they be determined at the hearing? What are his chances of fighting the ticket? What about him not signing anything?

I know the easy route would just to pay the $210 without the court date, or would we still have to pay the extra $110 anyhow? Somehow I feel that there will be dire conquences if he doesn't go to court.

Is this considered a moving violation? I'm assuming this will be reported on his DAC no matter what happens.

He is with a good company even though he has only been with them from the beginning of the year. I don't forsee them fireing him over this. If he was with one of the other larger companies that like to DAC drivers for every little incident even for things that shouldn't have been reported, then yes he would have lost his job.

I would like to know what happens now, and the best way to handle it.

Edited to add: He wasen't talking to me either.

In the next few days, you will get 3 or 4 letters from attorneys offering to go to to court for you, NC puts all tickets on public record, if it is a moving violation. points are assessed based on the law in the state in which you are licensed. if there are points, it would probably be best to pay the attorney. by what you are saying, it sounds like they got him on the move over law which says if an emergency vehicle is on the side, you must move over if able, or slow way down. maybe he couldnt get over, but then you have to pass really slowly. one more thing, if the cop was just sitting there without his overhead lights on waiting for a victim, then he doesnt qualify as an emergency vehicle, but good luck proving that's what he did.

[Smokeeater]

Typically, the signature is to recognize receiving the citation and promising to appear in court to resolve the matter if not otherwise handled prior to the court date. By that I mean , if it was a failure to carry proof of liability insurance, providing proof to the court clerk prior to the court date. I have never heard of a citation being issued without a signature unless the subject was jailed. Now this is in Oklahoma mind you. Sounds kind of shaky to me with no signature.Might be kosher in NC. Good luck with it and keep us posted.

[Cluggy619]

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.

[Uturn2001]

How many points a traffic conviction carries is determined by the state the violator's DL was issued in and not by the state the offense happened in.

With that said, just how serious an offense this is will depend on how your home state views it. In some states failure to move over is not much more than a high dollar fine and other states it is viewed right up there with a DUI or close to it.

As far as this going on his DAC you are right and you are wrong. Strictly speaking this will not be reported on his DAC unless his current company places the info there. It will, however, show up on his MVR.

As far as him not signing anything, this may very well mean zilch. Not all states require people issued citations to sign for them. In states that do require it, all signing does is acknowledge that you understand what the ticket is for and that either the information needed to deal with it has been given to you or you have been told where to find that information.

As other posters have suggested, he needs to obtain legal representation. At the very least this will help to insure that he does not get his liscence suspended in North Carolina for failure to appear in case something happens and he does not make it back for his court date.

[coastie]

Something does not sound right, The 2 tickets I got in NC I had to sign the ticket. The Officer's Name was not Ericson was it? I believe tha is his name, if so tell your Husband to becareful in NC now on if so, this guy would have his number and will pull him over again, and make up stuff. Got me twicew with made up numbers. Driving a truck governed at 72, said I was doing 77 in a 70 going up a mountain, and year later said I was doing 68 in a 55 when I was doing 55.

[happyhookin]

Here in North Carolina you do not have to sign the ticket for it to be valid.

I would take the advise of seeing a lawer, a clean record is priceless in this business.

[Truckfam]

coastie, your right. I was talking to my mom, and she pointed out something strange also. He just got the ticket today, and yet he already has a court date?

I live in PA, and here you get the ticket, and then wait for them to give you a court date. Also, PA also not too long ago passed a law about moving over emergancy vechicles. I'll have to go do some digging and see what points they are giving for that. I know news articles posted fines for class C, but I can't remember if the also posted for class A or not.

[brian griffin]

where is warren co near?

[Rev.Vassago]

where is warren co near?

GO AWAY CHAD/RON/DAWN/COLONEL/LEWIS

[happyhookin]

You got my curiosity up, the best I can tell there are no points.

http://www.nccrimecontrol.org/Index2...,000766,000781

He just got the ticket today, and yet he already has a court date?

In NC cops have a pre-set court date for all of the tickets they write on
that shift.

[Truckfam]

Thanks for the info on the court dates Happy. I just found out that for PA 1 point is removed every six months. That still doesn't tell me if there would be any points involved.

Brian, I have no idea where warren co is. I live over in PA.

I'll talk to my husband about a lawyer.

One other question. Will this affect our personal insurance? The last thing I need is our insurance going up. :?

Edited to add: Happy, thanks for the website. The code my husband told me is the exact same code as on the website near the end. He wasen't sure if it was 7 or 157. That is definitly what the officer nailed him on.

[Truckfam]

I'm calling it a night. I'll keep everyone posted on how things go. If anyone has any further information, or knows of a good inexpensive lawyer, let me know. Just send me a message.

To let you know, my husband said the cop had to sit and wait for traffic to pass before he could get out of the car. While he was talking to my husband hardly anyone pulled over to the other lane.

One more tid bit of info my husband gave me. He did mention that the cop told him that he almost hit him. Probablly so he could charge him with that. I do know in our regular vechilce, my husband is very good in staying in the center, and will get closer more towards the center if he gets off center. I'm the oppsite.

My mom suggested that it might be a cop that is trying to get his memorial day weekend quota in early. All of you stay safe out there, and be extra careful.

Edited to add: Everyone thank you very much for not giving me a rough time about this. I know there are some that can be unmericful about things like this. If you did, you would have probablly sent me directly into the mental ward at the hospital. I'm waiting for the bad cycle to stop and the good cycle to start. When a bunch of bad things happen all at once, something very good is going to follow.

[Sealord]

"Will this affect our personal insurance?" Probably, insurance companies have access to driving records, how the moving violation was gotten makes no difference.
I assume your spouse has told his employer he got the ticket, not telling 'em is not good.
I still don't understand the need to talk on a cell while driving. I recently made a wall to wall run and about every weaving driver running below the speed limit I came up, in the daytime, had a cell screwed into his ear. A commercial driver needs to fully concentrate on driving and not be distracted.
BTW, after all these years, I still can't convince myself I "need" a cellphone. Call me a technological Neanderthal. BOL

[Ridge Runner]

coastie, your right. I was talking to my mom, and she pointed out something strange also. He just got the ticket today, and yet he already has a court date?

I live in PA, and here you get the ticket, and then wait for them to give you a court date. Also, PA also not too long ago passed a law about moving over emergancy vechicles. I'll have to go do some digging and see what points they are giving for that. I know news articles posted fines for class C, but I can't remember if the also posted for class A or not.

It is not unusual to get a court date "on the spot". Many cities and counties hold traffic court on Tuesday ( or what ever ) and allow for at least two weeks to pass so the paperwork is processed in time for court. The city ( towns ) inside the county that I worked in held their traffic court on the first Tuesday of the month along with their regular council meeting.

[silvan]

He just got the ticket today, and yet he already has a court date?

I live in PA, and here you get the ticket, and then wait for them to give you a court date.

In Virginia and North Carolina, they give you the court date when they give you the ticket, and it's all part of the summons you sign.

Not signing the summons doesn't get you out of anything in North Carolina.

[Truckfam]

Update on the ticket. Our lawyer from tixnix moved the court date to get a better DA. He is now awaiting a new court date.

We have had to obtain a certified driving record and get it to the lawyer. He said it would help if the judge saw he had a clean driving record.

Will let everyone knows how it ends up. Hoping for the best.

I didn't realize how long this was going to take.

[Orangetxguy]

Well...thanks for the update...now ONE questions.

Are YOU certain that "Lawyer" from "TIXNIX" actually got an extension? Has he faxed or e-mailed you proof of the extension, or have you talked with the Clerk of Court, in the jurisdiction, to confirm what the "Lawyer' is telling you??

I think it is GFI and GFIW, here on this forum, whom went through 2 shades of heck, because of one of those "Fix-it" lawyers. You would need to read GFIW's thread to understand all they have endured.

[Truckfam]

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.

On the 19th, my youngest daughter had to go in to see the doc. Found out she had strep throat. The doc said she was at the stage where she was actually getting better, and to have her eat bland foods and drink pleanty of fluids. If the others get sick, to bring them in. Calling the lawyer was pushed way back on the back burner.

I guess I just have to trust him right now. :shock: I guess it is better than nothing at all. I know now that he would have never made it to the court trial. All I think I can do right now is wait to hear back from them when the new trial date is, or if they get it settled before setting a new date.

With hubby's home time, mailing the form to get the certified drivers record, having it mailed back, and mailing it to the lawyer, it got to him two days before the trial. I don't think he even had time to think about settiling out of court if possible. He did mention that to me. He was just waiting for the drivers record. Actually they called a couple of times to see how we were progressing on it.

I'll keep ya posted. I'll also try to find GFIW's thread.