Q: Got ticket in NC for driving in “excess of 45 mph outside municipal corporate limits GS 20-141(b).” The law is 55 mph?

A: Likely not. If the charging officer made a mistake, the ADA can simply amend the citation. Your best bet is to hire a local traffic attorney. If your address on your ticket is correct, you will likely get a crap ton of letters from local traffic attorneys. You don't need F. Lee Bailey for a traffic ticket - so just roll with the cheapest one you can find.

A: GOOD QUESTION. That depends; but, likely NOT.

Sometimes the speed is on the citation, but it's coded and/or otherwise hard to discern. And even if it's missing, the State could move to amend the citation up to the time of arraignment (and possibly even later in certain circumstances).

Without going into crazy detail, that would take some time and likely more than just one admin court date. The basics of the uniform citation, regarding notice of the charges, involve the time, date, and location of the alleged offense, together with the stated violation: speeding under 20-141.

Furthermore, the statute referenced sets forth what the speed limits are, if not otherwise posted:

§ 20-141. Speed restrictions.

(a) No person shall drive a vehicle on a highway or in a public vehicular area at a speed greater than is reasonable and prudent under the conditions then existing. (b) Except as otherwise provided in this Chapter, it shall be unlawful to operate a vehicle in excess of the following speeds: (1) Thirty-five miles per hour inside municipal corporate limits for all vehicles. (2) Fifty-five miles per hour outside municipal corporate limits for all vehicles except for school buses and school activity buses.

The best thing to do is retain an experienced lawyer in Wake County. As to "finding the cheapest attorney you can," I can't say I necessarily agree with that.

Go with the most experienced attorney whom understands the nuances of traffic law, insurance, and motor vehicle points in NC. Traffic law looks easy, but in my humble opinion, it deserves attention from someone whom actually knows what they're talking about.

While cost is obviously a consideration, in my mind, it's lower down in the hierarchy of important things to consider in choosing a lawyer. Put simply, if it's not handled correctly, it can get real expensive real fast when it comes to insurance premiums.

Most lawyers offer a free consult, so it doesn't cost anything to call and ask questions. At our firm we ask a lot of questions and if we think we can help, we'll tell people that. We also will tell people when we think they can handle the citation themselves.

It's likely the good folks in Raleigh whom handle Traffic Law would probably do the same.

Bill Powers

Charlotte Traffic Attorney

CarolinaAttorneys.com