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Old 05-25-2008, 12:10 PM   #1
legacy1907
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Default NC stop sign ticket

my brother got pulled for not coming to a complete stop at a stop sign and got a ticket and has a court date etc. I was wondering if there was an easy way of handling this before going straight to a lawyer? anyone have any experience with this? Its not like a speeding ticket where he can just go to court himself and get it lowered to 9 over, and i have no experience with this kind of ticket
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Old 05-25-2008, 12:17 PM   #2
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That all depends on how many offenses he has had in the past, and how many points he has on his license already. If none, then the courts shouldn't even be involved, since it's just a moving traffic violation, he should have just been issued a ticket, and a NLT pay date. Now, if he misses that date, he is subject to appear in court. He may also under his own will, take this case to court, if he feels he has a case to fight with, provided he has all the evidence, etc.

Now, if I am not mistaken, he can go down to the courthouse and just pay the fine and avoid even having to "appear in court". I can't remember exactly where in the courthouse he will have to go, but I think its the Clerk of the Courts that handles this kind of thing. I could be mistaken though.

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Old 05-25-2008, 12:20 PM   #3
legacy1907
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he has no violations whatsoever, the police officer gave him a court date, maybe thats just when he is supposed to go pay the fine? although i dont remember seeing any cost on the ticket
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Old 05-25-2008, 12:24 PM   #4
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He might have to go take a driving a class, and the court date could be for the issue of the class date. If there is no fine, then it's very possible that is what is going to happen. It's a good thing. It will shave the points he just recieved off of his license, and he won't have a ticket fee. The class might have a fee, but it wouldn't be as much as the ticket.

-Kaz-
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Old 05-25-2008, 12:33 PM   #5
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so if he just goes to court and requests that he takes the course then they should say ok, let him take the course, and then he returns to pay the court fees and call it a day??
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Old 05-25-2008, 12:47 PM   #6
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He most likely assigned him a MTV court date. Its for minor traffic violations. Just go into court that day and ask if he can complete a school and if he has no violations they shouldn't have a problem with that.
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Old 05-25-2008, 12:49 PM   #7
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Not exactly. I am not really sure why is going to court in the first place... it was just a rolling stop. Now, if he had bolted through the stop sign, with out any intent on stopping, it might be a different case.

Here is the thing though, if has a court date, then it's a good chance the judge will already have planned for him to go to the class, so he might not even get the chance the request it, since they will most likely just "make" him go anyway. The court date and the class date won't be the same, because the class is like 8 hours or something ridiculous like that (or is used to be anyway).

Here is what I suggest. Since it's Sunday, all the federal buildings are closed, so you will have to wait until tomorrow, and maybe even tomorrow too since it's Memorial day weekend. In either case, this is what I would do: On the next "business" day for the courts, I would call (or actually go to [which is preferred]) to the county courthouse, and see if there is suppose to be an actual fine amount attached to that ticket. If not, you brother may get lucky and not have to pay anything at all, since the cop didn't do his job correctly. Now, if there isn't suppose to be a fine, then just show up to the courthouse like usual, and see what the judge has to say. In any case, I don't think you will need a lawyer because you aren't actually going to trial. Getting one would just be a huge waste of money for something like this.

You could try this too, some law offices offer free legal assistance in small claims such as this one. I would see which ones do, and ask them to see what they think.

**EDIT** - Blue is right as well. (didn't see the post you made, LOL)

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Old 05-25-2008, 01:48 PM   #8
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In NC i believe there is no traffic class you can take, in NC there is no seperate traffic court and criminal court really, he can go to court and ask for a prier for judgement where the judge will look at his past record and reduce it. In NC it is a moving offense so it will be treated much the same as a speeding ticket.
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Old 05-25-2008, 03:52 PM   #9
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Pay a lawyer before it goes to court. mY guy got it dropped completely.

I guess its all about either shelling out a few hundred for a lawyer or watching the insurance going up. I pick the less of 2 evils!
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Old 05-25-2008, 04:17 PM   #10
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Originally Posted by SportyMark View Post
In NC there is no seperate traffic court and criminal court really,
Being that I'm an officer this is wrong. They have separate court dates for each, you have criminal court, serious traffic offenses, I.E. DWI, Wreckless driving, etc. Then you have MTV (Minor Traffic Violation) day its usually a Friday (at least it is here) they move as much through as they can so they often plead it down and or dismiss it.

Edited to add, if you've never used it ask for a PJC. It basically defer's the crime for a set amount of time and if you don't mess up again in that time it will go away.
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Old 05-25-2008, 05:31 PM   #11
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Quote:
Originally Posted by 0BLUEWRX3 View Post
Being that I'm an officer this is wrong. They have separate court dates for each, you have criminal court, serious traffic offenses, I.E. DWI, Wreckless driving, etc. Then you have MTV (Minor Traffic Violation) day its usually a Friday (at least it is here) they move as much through as they can so they often plead it down and or dismiss it.

Edited to add, if you've never used it ask for a PJC. It basically defer's the crime for a set amount of time and if you don't mess up again in that time it will go away.
All of this is good info, but that last portion I think is really good to know. Thanks for the input and info!

+1

-Kaz-
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Old 05-25-2008, 05:35 PM   #12
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Quote:
Originally Posted by 0BLUEWRX3 View Post
Being that I'm an officer this is wrong. They have separate court dates for each, you have criminal court, serious traffic offenses, I.E. DWI, Wreckless driving, etc. Then you have MTV (Minor Traffic Violation) day its usually a Friday (at least it is here) they move as much through as they can so they often plead it down and or dismiss it.

Edited to add, if you've never used it ask for a PJC. It basically defer's the crime for a set amount of time and if you don't mess up again in that time it will go away.
Isn't that kind of a waste of a pfj? I'd save it for a speeding ticket or something worse than rolling through a stop sign.
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Old 05-25-2008, 08:05 PM   #13
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It sucks your brother got the ticket, but i really think more people in the south NEED one of these tickets. I have seen way too many idiots run stop signs and red lights that cause a wreck. People just need some patience and obey the traffic laws then maybe our high insurance rates might go down a bit.
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Old 05-25-2008, 08:58 PM   #14
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Originally Posted by sjl1614 View Post
It sucks your brother got the ticket, but i really think more people in the south NEED one of these tickets. I have seen way too many idiots run stop signs and red lights that cause a wreck. People just need some patience and obey the traffic laws then maybe our high insurance rates might go down a bit.
Um, "not coming to a complete stop" and "running a stop sign" are two COMPLETELY DIFFERENT THINGS. Yes, running a stop sign is dangerous. But everybody rolls through a stop sign, and it doesn't mean they didn't look both ways. I never come to a complete stop and I've never been close to getting in a wreck (i'll slow down to barely moving). Technically, a cop can give you a ticket for not coming to a complete stop based on the fact that your head doesn't "snap" back from stopping, even if you car wasn't moving. I see no difference between 1 mph and 0 mph in terms of reaction time and awareness.

Although you are right about many drivers in the south being completely retarded/oblivious to everything around them....just not the one in question lol.
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Old 05-25-2008, 09:35 PM   #15
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Quote:
Originally Posted by sjl1614 View Post
It sucks your brother got the ticket, but i really think more people in the south NEED one of these tickets. I have seen way too many idiots run stop signs and red lights that cause a wreck. People just need some patience and obey the traffic laws then maybe our high insurance rates might go down a bit.
he didnt blast through a stop sign, he rolled through it after slowing down to probably about 2mph and a sheriff just happened to be in the area. This is on a country road on a tuesday night where you would be lucky to see 5 cars in an hour. I think it was rediculous that he was cited in the first place. It would be a waste to use PFJ on this considering its such a minor offense and IIRC even if I (being on the same insurance policy) or any of the other 5 drivers on the policy screw up then it will come back and get him as well. Basically i think he will take the advice of trying to go take a class and getting it sorted that way, as thats what i did w/ a 25 over ticket and it worked wonders. I just didn't know how different it was for a stop sign ticket
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Old 05-25-2008, 11:05 PM   #16
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Quote:
Originally Posted by legacy1907 View Post
he didnt blast through a stop sign, he rolled through it after slowing down to probably about 2mph and a sheriff just happened to be in the area. This is on a country road on a tuesday night where you would be lucky to see 5 cars in an hour. I think it was rediculous that he was cited in the first place. It would be a waste to use PFJ on this considering its such a minor offense and IIRC even if I (being on the same insurance policy) or any of the other 5 drivers on the policy screw up then it will come back and get him as well. Basically i think he will take the advice of trying to go take a class and getting it sorted that way, as thats what i did w/ a 25 over ticket and it worked wonders. I just didn't know how different it was for a stop sign ticket
Agreed. Save the PJC for a more serious violation.

Go to court, and ask for driving school. My wife just did the same thing in Wilmington.

No points. just a BORING, 4 hour class.

sotc
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Old 06-14-2008, 12:05 AM   #17
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ok.....he went to court with the whole taking the class approach, he was then told he can take the class and come back and use his PFJ. Hes not that knowledgeable about this stuff so he just said ok. If im not mistaken he shouldnt need to take any class if he uses PFJ. Maybe I am wrong since hes only 19 and they may have people under a certain age take the class. Can anyone chime in on this? i told him to go ahead and call a lawyer because a PFJ for not coming to a complete stop seems stupid to me, also the fact that it means i have to watch my ass while driving to make sure i dont get pulled anytime soon since it will screw him over as well
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Old 06-14-2008, 12:31 AM   #18
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didn't read all the way through... wasted 5 minutes.

Last edited by Glenn Hough; 06-14-2008 at 12:31 AM. Reason: i am dumb
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Old 06-14-2008, 08:54 AM   #19
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not to stir up the "war of northern aggression" all over again, but if you are from north of the mason dixon, and you're living here now, may be best not to completely bash those of us that have lived here. the "northerners drive better than southerners" argument is both played out and completely incorrect. my experience living here in cary (contaiment are for relocated yankees) is that southerners tend to be way more laid back drivers, while our guests from the snowy lands tend to be way more aggressive. throw out your opinion for sure guys, but there are those of us that are pretty tired of southerner bashing by transplants.if you think we're ALL bad driving backwards rubes, then why come here. oh yeah, because the weather's great, the pollution's less, the traffic isn't NEARLY as bad as anywhere in the northeast and raleigh just made forbes 500's #1 place to live. stop tailgating me, stop passing without a signal (they're not just pretty lights), stop weaving through slower traffic like I40 is a super speedway, and most of all, get off your damned cell phone. don't worry, down here your boss won't likely ream you if you're a minute or two late, he's too busy drinking sweet (correctly made) tea and eating a biscuit to care.
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Old 06-14-2008, 09:51 AM   #20
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not to stir up the "war of northern aggression" all over again, but if you are from north of the mason dixon, and you're living here now, may be best not to completely bash those of us that have lived here. the "northerners drive better than southerners" argument is both played out and completely incorrect. my experience living here in cary (contaiment are for relocated yankees) is that southerners tend to be way more laid back drivers, while our guests from the snowy lands tend to be way more aggressive. throw out your opinion for sure guys, but there are those of us that are pretty tired of southerner bashing by transplants.if you think we're ALL bad driving backwards rubes, then why come here. oh yeah, because the weather's great, the pollution's less, the traffic isn't NEARLY as bad as anywhere in the northeast and raleigh just made forbes 500's #1 place to live. stop tailgating me, stop passing without a signal (they're not just pretty lights), stop weaving through slower traffic like I40 is a super speedway, and most of all, get off your damned cell phone. don't worry, down here your boss won't likely ream you if you're a minute or two late, he's too busy drinking sweet (correctly made) tea and eating a biscuit to care.
+1, ive lived in north south east and west and id say yankee drivers were the worst
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Old 06-14-2008, 06:21 PM   #21
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Quote:
Originally Posted by oldskoolWRX View Post
not to stir up the "war of northern aggression" all over again, but if you are from north of the mason dixon, and you're living here now, may be best not to completely bash those of us that have lived here. the "northerners drive better than southerners" argument is both played out and completely incorrect. my experience living here in cary (contaiment are for relocated yankees) is that southerners tend to be way more laid back drivers, while our guests from the snowy lands tend to be way more aggressive. throw out your opinion for sure guys, but there are those of us that are pretty tired of southerner bashing by transplants.if you think we're ALL bad driving backwards rubes, then why come here. oh yeah, because the weather's great, the pollution's less, the traffic isn't NEARLY as bad as anywhere in the northeast and raleigh just made forbes 500's #1 place to live. stop tailgating me, stop passing without a signal (they're not just pretty lights), stop weaving through slower traffic like I40 is a super speedway, and most of all, get off your damned cell phone. don't worry, down here your boss won't likely ream you if you're a minute or two late, he's too busy drinking sweet (correctly made) tea and eating a biscuit to care.
Hey, could you explain to me why Raleigh is number 1 in Forbes? It makes no sense to me that there isn't a better city out there. Raleigh lacks an established street that has a nice set of bars (entertainment). Yea theres Glenwood but it sucks, places are spaced apart majorly and it is intermingled with residential areas and even some car repair shops (or maybe its gone by now). The whole street lacks any consistency... Downtown Raleigh has nothing of interest, nothing. It seems to me that there is a severe lack of women in Raleigh which right now is being subsidized by just a lot of crazy bitches. I doubt that this city has more jobs to offer than the other 499 in the list. If this is how great it can get in the US, then thats pretty ****ty...
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