Question on a ticket
#31
07-25-2007, 04:37 AM
Re: re
Originally Posted by Truckfam
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.
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.
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. 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.
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#32
09-07-2007, 05:46 PM
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.
#33
09-07-2007, 05:47 PM
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.
#34
09-07-2007, 06:04 PM
Originally Posted by 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. Glad to hear of the outcome. :wink:
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#35
09-07-2007, 06:07 PM
Originally Posted by Karnajj
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. Yet we have another truckstop lawyer. :lol: That is NOT true. In most counties tickets can be pleaded down or changed to a nonmoving violation. It is NOT garaunteed however.
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#36
09-08-2007, 12:44 AM
Originally Posted by greg3564
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.
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