GREENSBORO, NC – Speeders beware. Police in North Carolina are cracking down on speeders with a simple message: Obey the posted speed limit or pay a fine.
The N.C. Governor's Highway Safety Program announced its "Obey the Sign or Pay the Fine" campaign starts on Thursday. Both state and local law enforcement are participating.
The program is aimed to target all speeders. Yes, even those going one mile over the speed limit, because it is after all, against the law. Last year, a similar program ran for one month, leading to over 13,000 speeding tickets issued statewide.
Locally, a spokesperson with the Greensboro Police Department said they have no quotas to fill and realistically won’t stop every driver going a bit over the speed limit.
“An officer always has the option to stop someone and cite them for going one or two miles over the speed limit. But, we encourage our officers to use discretion and good judgment. Not every traffic stop of someone speeding one to two miles over will result in a citation,” said GPD spokesperson Susan Danielson.
But, if you do find yourself calculating the cost of paying a speeding ticket or fighting it in court, you might ask if it’s worth the time?
Time is a big factor, according to legal expert and defense attorney Joel Oakley.
“If you want to have a trial, you almost have to count on going to court one day, coming back for a second and possibly waiting all day long before you actually get your trial,” said Oakley.
In Guilford County, magistrates oversee traffic courts. Only a judge can oversee a trial. This means, going to court on the assigned day on the ticket and requesting a trial date, which could be 45 days later.
Attorney Julie Wall says if you get a ticket, you should always call and find out what the consequences are of paying off a ticket yourself or hiring a lawyer. Wall says those calls are free to make to lawyers, and it's valuable because you find out what your rights are before you do something you can't change.
COSTS OF TICKETS
Speeding tickets are costly, period.
“The cost of a traffic ticket in my 30 years of practice has gone from $20 to $200 dollars.”
A speeding ticket generally starts at $188. ($188 dollars for 1-5 mph over the posted speed and 203 for 5-9 mph over.)
Here’s a breakdown of the base ticket cost
General Court Fee: $129.50
Facilities Fee- $12.00
Phone System Fee- $4.00
Misdeameanant Confinement Fund Fee- $18.00
Law Enforcement Benefit and Retirement Fund- $7.50
Law Enforcement Officer Certification and Training Fee- $2.00
Chapter 20 Fee- $10.00
Process Fee- $5.00
Additional fines can be added from the time someone gets a ticket to the time they pay it.
For instance, calling a witness during a trial, can cost $5 each day. If you fail to appear in court, that can cost $200. If you need extra time to pay- that’s an additional $20.
DEFENSES THAT WORK
Only about five percent of people who get a speeding or traffic ticket will contest it. In almost all cases, paying the ticket immediately is an admission of guilt. Most people don’t believe it’s worth the time, but in some cases, tickets can be dismissed.
Traffic court is real court. Which means you have the right to question the accuser; in this case the police officer. If the officer fails to appear in court, you automatically win, and the ticket will be dismissed.
Then, there’s the issue of the radar gun.
“You can’t argue that a radar by itself isn’t valid. The courts have accepted that radar guns are valid. You have to be able to prove that this radar wasn’t used properly or hasn’t been maintained properly,” said Oakley.
It’s possible to prove. In 2014, 2 Wants to Know discovered one of GPD’s radar guns missed inspection, leading to the dismissal of 190 speeding tickets in the county.
Lastly, check the ticket for errors. A misspelled name or a mistake in the highway or make and model of the car could lead to the dismissal of a ticket.
DEFENSE THAT DON’T (ALWAYS) WORK
If someone decides to go to trial, they have to be aware of traffic laws. Claiming ignorance of the law is not a defense. At the same time, claiming the officer lied, without proof, won’t work either.
Oakley said it’s also not a good idea to argue that no one was hurt when the speeding happened. It’s an admission of guilt, regardless.
KEEPING INSURANCE RATES LOW AFTER A TICKET
Traffic tickets or moving violations can affect insurance rates and driving records. Oakley said there are two ways to keep these tickets from affecting insurance.
“If you have a clean record over the last three years, you can have one citation as long as the speed is not more than 10 miles an hour and you will not receive any insurance points.”
However, if you get another traffic ticket in that three year time period, both tickets will affect insurance rates.
The second way is to ask for a prayer for judgment (PJC), where you can plead guilty to the ticket, but the offense is not entered against you. It’s still documented, but points are not added and a Prayer for Judgment verdict is listed. Prayer for Judgments can only be granted twice in five years and yes, will still cost money. PJC’s costs start at $190.
Another way to avoid a higher insurance rate after a ticket is to prove improper equipment, like a broken speedometer. Being found guilty of improper equipment will cost a $10 fee for the violation, a $50 improper equipment fee and then a $5 dollar service fee, on top of the base ticket cost. Bringing the total to $243, without court costs or payment fees. While being found responsible for improper equipment will still cost you, but it’s considered a non-moving violation, which means no DMV or insurance traffic points.
Even if someone falls into the loopholes, Oakley warned a traffic or speeding ticket can impact insurance in a different way.
“If you’re given a ticket for five or six miles over, the insurance could then take away your safe driving discount. They could even classify you as a high risk and you could receive an increase in your rates.”
The best bet- don't speed.