Speeding Ticket - 64MPH in 45MPH zone - NC

This is a discussion on Speeding Ticket - 64MPH in 45MPH zone - NC within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; This was in North Carolina. I'm 19, been driving and have had a license for a little over a year. ...

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Old Jul 12th, 2008, 09:44 PM   #1
Eddy
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Default Speeding Ticket - 64MPH in 45MPH zone - NC

This was in North Carolina.

I'm 19, been driving and have had a license for a little over a year.

I received a ticket in Asheville, North Carolina (Buncombe County) for speeding.

The officer was NC Patrol.

The officer asked for my license and registration, told me I was pulled for speeding (I mentioned to him (respectfully) that I was late as an excuse), he questioned me about my drivers license which lists my address as Winston-Salem I told him that I had insurance through my mother and had gotten my license in Winston and that I lived and worke in Asheville, he went back to his vehicle and took about ten minutes (presumably) filling out a speeding ticket.

He then returned, gave a paper for a NORTH CAROLINA UNIFORM CITATION. The strange part is he never mentioned a ticket cost if I pleaded guilty or anything. He told me my court date and said that at court I likely could get the DA to reduce the speeding range (from 11-19 to 1-10 I think) so that it wouldn't affect my insurance rates as much. He handed over the citation and then handed me a warning for not having the correct address on my drivers license. It was a C-1 warning which from what the card said (it was a separate white card) that I just needed to go in and get a new drivers license with a local address and hand the card in. I thanked him and he then went back to his vehicle (there was another police car that had pulled up behind him while he was in his car filling out the forms), and I drove off after about a minute (wasn't sure if I was supposed to leave first).

This is my first ticket, but I don't understand why he didn't want me to sign? I was reading that you don't have to sign if you plead guilty or recieve a fine, but if you have to appear for a court date then you must sign.

Additionally on the signature line is the signature of someone else! The signature is very obviously not mine.

I'm wondering if this is grounds for dismissal of the case. And if so how would I go about getting it dismissed? Or if not what other options I might have. My primary objective is to not get points on my insurance as I cannot afford a higher rate. Driving school/fine/etc. is acceptable as long as I can keep points off my insurance and not make my rates higher.

I've included JPEG's of the front and back of the citation with personal (and officers) information removed. My name at the top is removed, but it is VERY different than the one on the signature line (I have a huge last name that includes a hyphen). If I've missed something I should have blanked please tell me so I can remove it.

Thanks for the help, please ask any questions you have.

Front:
http://image.bayimg.com/najhdaabo.jpg
Back:
http://image.bayimg.com/majhnaabo.jpg
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Old Nov 15th, 2008, 05:03 PM   #2
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

on the signature line it reads......."copy delivered", not anyone's signature.
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Old Nov 15th, 2008, 05:08 PM   #3
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

You can certainly try but normally the judge will just let all errors be corrected.

But it's worth a try!
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Old Nov 26th, 2008, 07:19 PM   #4
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

Hey Eddy, what happened with that 64 in 45 ticket? Did you go to the court or hired a lawyer? How did it go? What did you do? I've got the same speeding ticket, and I wanna I must go to the court, mandatory. I just wanna know what my options are and what should I say. Thanks
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Old Feb 22nd, 2009, 07:22 PM   #5
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

I got pulled over in North Carolina. I was going 22mph over the speed limit according to what the officer clocked me at. I, too, received a Citation stating that I must appear in court. There is no dollar amount for a fine/penalty, nor was I asked to sign anything.

I've been sent many advertisements from attorneys, since NC is very far from where I live. I'm strongly considering showing up myself to argue my own case.

I was speeding. The cop was pulled off on the right shoulder of a 2-lane road. I was in the left hand lane (passing lane, passing traffic). I also honestly thought the speed limit was 10mph more than it was. There are other spots on that same road where the speed limit is 10mph more. Since I was taking such a long trip, is this worth mentioning in court?

Would I be better off essentially saying, "Hey, I thought the speed limit was X. Having said that, I was traveling the speed limit according to my speedometer. When I was pulled over, I was told the speed limit was Y (10mph less) and was told I was clocked at Z (12 mph faster than my speedometer read)."

Not sure if I should admit partial guilt, try to argue with the gun calibration and all that crap, or get an attorney? My record is clean. This sucks.
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Old Feb 23rd, 2009, 12:31 PM   #6
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

click on that speeding ticket link in the previous post above and see the long article listing all the things you can consider arguing or doing
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Old Feb 26th, 2009, 11:02 PM   #7
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

I'm requesting info on:

Device Used To Approximate Speed
Maintenance / Calibration Records
Officer's Training w/Specific Device


I don't plan on getting an attorney, but starting to have second thoughts. There are about 20 people schedule for speeding w/ same officer on same court date.

I'm assuming he's coming prepared and that he's going to show up??
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Old Mar 28th, 2009, 05:07 AM   #8
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Thumbs Up Re: Speeding Ticket - 64MPH in 45MPH zone - NC

Some other thing to keep in mind, thing to ask in cross examination of officer;

Radar - Repair records, manufacturers manual and specifications, calibration log and the Department’s FCC License to operate the radar unit.

Tuning Fork - Certificate of accuracy and repair or calibration records.

Police Officer - Arrest record (day of offense and last three months prior to your date of offense), daily log for the date of your offense, radar training record and operator’s certification and copies of both sides of your original citation.

Patrol Car - Speedometer calibration certificate, repair and maintenance records along with the repair and service records for the actual patrol car.

Don't forget the details of everything around you. Ask him what was going on around the incident, traffic flow, weather, ect. the phases I do not recall, i do not remember, ect. these things can work against the officer. nothing personal towards him just the facts. remember, the more information you walk into court with is ammo on your side.
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Old Apr 1st, 2009, 11:46 AM   #9
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

does anyone have the results from any of these cases. questions are nice and all but it doesn't seem people follow up to often afterwards.
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Old Apr 11th, 2009, 06:24 AM   #10
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Default Re: Speeding Ticket - 64MPH in 45MPH zone - NC

You will have to call the Clerk of Court to ascertain the amount if it applies. Anything over 61mph is a mandatory court appearence.
As for the Trooper writting in the "defendant's signature" that is the first I have seen of this.
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