Question on a ticket

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  #21  
Old 07-20-2007, 04:51 PM
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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.
 
  #22  
Old 07-20-2007, 05:31 PM
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Originally Posted by 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.
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.
 
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  #23  
Old 07-23-2007, 01:29 PM
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Originally Posted by 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.
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, :roll: 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.
 
  #24  
Old 07-23-2007, 01:48 PM
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Originally Posted by Orangetxguy
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.
 
  #25  
Old 07-24-2007, 09:28 AM
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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.
 
  #26  
Old 07-24-2007, 12:38 PM
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Originally Posted by 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.
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.
 
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  #27  
Old 07-24-2007, 01:41 PM
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Originally Posted by 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.
 
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  #28  
Old 07-24-2007, 02:37 PM
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Originally Posted by Blind Driver
Originally Posted by 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.
You had a speeding ticket in a commercial vehicle turned into a parking ticket? :roll:
 
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  #29  
Old 07-24-2007, 02:51 PM
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Originally Posted by Blind Driver
Originally Posted by 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?
 
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  #30  
Old 07-24-2007, 02:56 PM
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Originally Posted by Blind Driver
Originally Posted by 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.
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]
 
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