I got a ticket for a one car wreck that I was the only vehicle involved. The ticket was for "operate a vehicle at a safe speed greater than is reasonable and prudent under the conditions then existing, to wit (snow)." Should I plead my case in front of the judge as the cop said they would be lenient, get a lawyer or other option?

3/3/2010 11:11:20 AM

The ADA will throw it out more than likely.

3/3/2010 11:15:25 AM

I have no idea why cops decide to write tickets during an accident in which no one else was involved. Most accidents are going to be enough 'lesson learned' by themselves, without the city or state trying to make money off of it.

My friend has a story from the ER. They had a person come in on a motorcycle accident. Paralyzed for life. He was speeding at a crazy speed, lost control, and was critically injured. No one else was involved. The cop (for this guy, I just call him a pig) came by the E.R., and wanted one of the doctors to deliver the speeding ticket he had written. They told him he should shove the ticket up his own asshole, and if he wanted to do the dirty deed, he would do it himself. And he did.

On the original topic, I was once written an 'exceeding a safe speed under existing conditions' ticket in which I was struck by a car failing to yield (I was going 10 miles under the speed limit). This was written my a Morrisville Moron Cop, and the ticket was ultimately dismissed. Take pictures, and build a very quick narrative to explain your circumstances.


[Edited on March 3, 2010 at 12:16 PM. Reason : .]

3/3/2010 12:08:27 PM

Any property damage?

3/3/2010 12:21:42 PM

I got a ticket a long time ago for "operate a vehicle at a safe speed greater than is reasonable and prudent under the conditions then existing, to wit curve" when I was in an accident involving another car. All it took was a letter from the insurance company saying there were no disputes and my insurance was paying out and the ticket was thrown out. Seems like without another car involved it will easily be thrown out.

3/3/2010 12:30:33 PM

^^Nope cop didnt even go look where I hit. Came wrote me a ticket didnt even get out of the car.

Couple of questions, if its thrown out will I still have to pay court costs and if they dont throw it out can I pull out a pfj at the last minute or traffic school?

[Edited on March 3, 2010 at 2:09 PM. Reason : ]

3/3/2010 2:07:45 PM

If it's dismissed you won't have to pay anything. I think the general consensus is that if you can't get it dismissed on your own -- ask for a continuance and then pay some traffic lawyer 100 bucks to get it thrown out for you.

I'm sure someone more qualified to answer your question will chime in soon.

[Edited on March 3, 2010 at 2:22 PM. Reason : ]

3/3/2010 2:21:32 PM

I've told this story many times, but my senior year of HS I fell asleep at the wheel driving back really late at night and hit a tree. They determined I wasn't speeding at the time of the accident, there was absolutely no alcohol involved etc. This was on back roads in cabarrus county. There was a fence marking a farmer's land right behind the tree that I partially damaged but it was minor and the farmer said it wasn't a big deal and he wasn't worried about it.

Anyway, broken ribs, glass in the face, concussion etc. and a cop still came and gave me a ticket. I don't even remember what it was for. It got thrown out and no I didn't have to pay any court costs or anything.

3/3/2010 2:24:39 PM

^ Cops can be real asses about stuff like that. I did something similar where I rolled my jeep into a tree and was the only person involved in the accident. Got ticketed. Like totaling my vehicle wasn't enough "fun" for the day.

3/3/2010 4:29:00 PM

Quote :

"The cop (for this guy, I just call him a pig) came by the E.R., and wanted one of the doctors to deliver the speeding ticket he had written. They told him he should shove the ticket up his own asshole, and if he wanted to do the dirty deed, he would do it himself. And he did. "

The car sure did SHOW HIM not to speed again. What a douche........

3/3/2010 6:58:35 PM

Quote :

"Couple of questions, if its thrown out will I still have to pay court costs and if they dont throw it out can I pull out a pfj at the last minute or traffic school?"

You can talk to an ADA on your court date prior to actually going to court and hope they can throw it out. After that if you want to appear in front of a judge, you can, but you have to enter a plea before you can do anything (PJC), so you can't try and get rid of it and then ask for a continuance if you don't (that was my plan, didn't work). Depending on the judge and the infraction (I'm not really sure how severe that is for insurance) you might not get a PJC; I didn't because she said I wanted to save it for something more serious (and then got extremely mad when I told her that, in fact, I DIDN'T want to save it).

Hope this helps.

Edit: You have to go in front of a judge to request a PJC, the ADA can't do that, so theoretically, yes. You can ask the ADA to drop it, if he can't then you can say you want to appear in front of a judge to ask for a PJC

[Edited on March 3, 2010 at 7:49 PM. Reason : ]

3/3/2010 7:40:12 PM

So should I just call the da's office or show up there its in another county about an hour away.

3/4/2010 12:03:39 AM

I honestly don't know what you could do over the phone. That isn't to say you can't do anything, I just don't know.

3/4/2010 12:33:19 AM

Call the ADA's office to ask when he/she will be in because most likely they have more than 1 office in their district. Once you confirm/get blocked by a secretary, go to the office, present them your issue. If they are nice, they'll drop it then and there. If they are acting uppity they'll make you take a defensive driving course, pay the "court fees" of ~80 that you would have incurred, drop the ticket, and send you on your way. Since this isn't involving another car, nor speeding necessarily, you should have no trouble dropping it. Which county was it in? If you don't want to say, that's fine but myself (or some other TWWer) might know a person or two at the courthouse.

3/4/2010 12:57:01 AM

Bladen

Also this is what is says on the website "TRIALS ARE NOT HELD during traffic court. Prosecutors are available during court to accept pleas and discuss possible reduction of charges."

So to me it looks like my court date is just a talk to the ada day as there are no judges.

[Edited on March 4, 2010 at 11:45 AM. Reason : ]

3/4/2010 11:43:30 AM

^^ court costs are $130 fyi

3/4/2010 2:00:50 PM

Get a lawyer. They will get you the best deal possible. My office typically charges $200 over court costs. Keep in mind that you most likely will avoid a fine if you have an attorney appear.

3/4/2010 8:45:16 PM

there'll be a judge/magistrate there, but if you plead not guilty it'll get continued to district court

3/4/2010 11:16:27 PM

^^ i'd probably go it alone, and if it didn't get dismissed, i'd get it continued and go get a lawyer.

Quote :

"I have no idea why cops decide to write tickets during an accident in which no one else was involved. Most accidents are going to be enough 'lesson learned' by themselves, without the city or state trying to make money off of it. "

you answered your own question all in one sentence.

3/4/2010 11:28:50 PM

iirc, at least around here (raleigh/wake co.), cops are now required to issue a citation of some sort to the party deemed to be at fault.

3/4/2010 11:36:41 PM

Quote :

"He was speeding at a crazy speed, lost control, and was critically injured."

what if his reckless speed had hurt someone else, would you still think the cop was a "pig" for giving him a ticket

3/4/2010 11:49:59 PM

suicide is also illegal for your information.

3/5/2010 12:15:29 AM

^^That would be a completely different situation, CarZin already said he was only calling this guy a pig due to the situation at hand.

3/5/2010 12:19:00 AM

Quote :

"what if his reckless speed had hurt someone else, would you still think the cop was a "pig" for giving him a ticket"

3/5/2010 2:13:23 AM

It got reduced to improper equipment just had to pay court costs

3/12/2010 12:50:53 AM

so if somebody hits something, but is able to drive the car away, are your or someone else calling 911 or a policeman just happens to drive by or something? seems like if you don't want a ticket, don't call the police.

3/12/2010 8:46:16 AM

No ticket no insurance claim tho.

3/13/2010 11:53:50 PM