Speeding Tickets: Misdemeanor Speeding Ticket in North Carolina

vendredi 13 mars 2015

My question involves traffic court in the State of: North Carolina



on 2/20 my wife was issued a citation for 71mph in a 55mph zone. Strangely she was not speeding when she passed the officer, but he apparently didn't like something she did, and chased her down, and recorded her speeding somewhere along the way. The ticket was written for speeding, not whatever it was that irritated him in the first place. He was off the side of the road cleaning trash or something, and thought she went by too fast, even though she says she'd slowed down to less than 45 and he was well off the road when she went by. Of course none of that is relevant to the speeding ticket but still a bit frustrating.



Neither of us have any prior tickets in NC, and were pretty confused at why it indicated a required court appearance rather than just paying online like usual, so I looked into it and found the law states if you're speeding MORE than 15mph over AND going more than 55mph then it's a class 3 misdemeanor, mandatory court appearance and automatic 30 day license suspension. Apparently this is the strictest law of its type in the country, but anyway we wanted to appeal this somewhat since the ticket was written for the minimum amount to warrant the increased penalty, it seemed as though the officer specifically wanted this increased penalty.



I contacted the district attorney for the court, who indicated he would be willing to help us out since this was a first offense and was right on the line of qualifying for the increased penalty, but the ticket has not been entered in the system.



Is there a time limit in NC for how long an officer has to enter the ticket? It has been 3 weeks now, and the court calendar for the date listed on the ticket (3.25) is already published, also I looked up citations issued by the officer, and there are several in the system that were issued later, and have court dates up to 4/29. It seems like he just forgot to enter the ticket or it got lost or something.



If we do need to go to court I had wanted to hire an attorney, but since the DA indicated he could help out, I was waiting to see what the options were, but nobody can do anything if the ticket isn't in the system.



In NC do the calendars get revised after they've been published (could she still be added?)?



I hate to keep bugging the DA when there's nothing he can do yet, but we also need to be making court arrangements if she really does need to appear on the 25th...





Speeding Tickets: Misdemeanor Speeding Ticket in North Carolina

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