Q: Prayer for Judgement ?
I live in North Carolina and haven't had any traffic violations in the past seven years. I was clocked going 74 in a 55 mph zone. Can I file a Prayer for Judgement and what would be entitled to pay if I can. Will I have points added to my license?
A: You do not 'file' a PJC. You make a request for it. A PJC is not something you are entitled to - it is at the discretion of a Judge and each Judge has their own personal standards for granting it. So unless you know the Judge, you will likely need a Traffic Attorney. This is even more likely so because a PJC likely isn't your best option. If the 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 pick the cheapest one and roll with that.
A: GREAT QUESTION
How Should I Handle My Traffic Ticket? Should I go to Driving School? What is an PJC? What does Continued Judgment mean? What are Insurance Points? What are Motor Vehicle Points? What is the difference? Should I retain a lawyer?
Consider the Following:
It Can Get Complicated
There are multiple factors to consider
It is important to carefully review the driving history & convictions (MVR)
A Prayer for Judgment is NOT a dismissal
Prior attendance of Driving School may limit options
Insurance Policy & Household driving histories should be considered
There is a difference between Moving and “Non-Moving” Violations
Many Attorneys Offer an initial Confidential Consultation, Free of Charge
NC Traffic lawyers want to know how many charges there are on the new case, meaning we seek to determine if there is more than one ticket, more than one violation or more than one charge associated with a single stop. We also want to know if there are multiple stops or allegations of separate, distinct traffic tickets that took place on different dates.
Defense attorneys will also want to know about the prior driver, wreck/accident history, whether you received a ticket or not. For example, we want to know about wrecks, even a ticket or citation was not issued for something like “unsafe movement” or “failure to reduce speed to avoid a collision.”
A Prayer for Judgment in North Carolina (PJC) is a valuable thing indeed. Experienced NC Traffic lawyers would want more information before recommending using the PJC, as other, better legal options may be available.
There can be a difference in the points as it applies to insurance premium increases and the DMV point system. There are actually two “point” systems: DMV or Driver’s License Points and Insurance Points. Although related, there are important distinctions.
The costs can add up pretty quickly, which may include the Costs of Court and Fines that are separate from possibly increased insurance premiums.
Certain violations may carry motor vehicle points; while at the same time, insurance points under North Carolina General Statutes would not be allowed considering the driving record, lack of prior moving violations and/or insurance claims under the North Carolina Carolina SDIP Safe Driving Incentive Program for the underlying offense. (Again, it can be complicated.)
It becomes even more intricate if you’ve had some other moving violation(s) or even an insurance claim for an “at fault” wreck that results in payments made pursuant to a claim over a certain monetary value.
All the best!
Charlotte Traffic Law Attorney
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