When To Ask For A Warning

First of all, asking for a warning is probably not going to work very well in any case. The officer who stops you generally has complete discretion on the disposition of the stop. It goes without saying that everyone wants a warning, but he wouldn’t be doing his job if that’s all he gave.

There is no way for the officer to know if you have been stopped and warned previously. I don’t know of any agency that logs those warnings, even the written ones. This puts the officer in the position of possibly letting off someone who is habitually receiving warnings, which they do not want to risk, and so they will write the citation.

However, if you do receive a ticket- all is not lost! The next best thing to a warning in North Carolina is a citation for “Use of Improper Equipment.”

Improper Equipment is a non-moving violation and, therefore, does not carry North Carolina driver’s license points or insurance points. The availability of Improper equipment amendments vary county to county, and are subject to the approval of the District Attorney. The seriousness of your alleged violation and your recent driving history are key considerations in whether the prosecutor would offer improper equipment.

Will my insurance increase if I am found responsible of Improper Equipment in NC? No. Improper Equipment is a non-moving violation and carries zero automobile insurance points.

Do I have to hire an attorney to request an improper equipment in NC on my speeding ticket traffic violation? No, you do not need an attorney to request an improper equipment. The defendant / driver charged with the speeding ticket traffic violation, has the ability to appear in any court and represent their own interests. An experienced attorney can be very helpful and rarely would I encourage someone to navigate the criminal court system without the assistance of an experienced speeding ticket traffic violation lawyer. You have to decide if it is worth taking time off from work or school to go stand in line in hopes of having your case resolved. Also, keep in mind that a close working relationship between a speeding ticket traffic violation attorney and the prosecutor can often result in a better result than a Defendant unfamiliar with the court process may receive. How will you know if the resolution the District Attorney offers is your best option?

Will I get points on my license if my speeding ticket traffic violation charge is reduced to an Improper Equipment in NC? No. Improper equipment in NC is a non-moving violation the conviction carries NO DMV traffic points and NO insurance traffic points. However, an improper equipment reduction will show up on a North Carolina driving record.

What will a North Carolina speeding ticket reduction to improper equipment do to an out-of-state driver?
To my knowledge, no other state penalizes its drivers for an improper equipment violation in North Carolina. Again, the non-moving aspect of this charge is important so that it is not even communicated from the North Carolina DMV to other states in many cases. To answer this question with certainty, the out-of-state driver needs to speak with an attorney that is licensed in the State where his or her license was issued.
When pulled over and faced with a simple speeding citation, being respectful and honest is always a good course of action. Saying you were lost in thought and not paying attention to how fast you were going (something I think we all have done) is something the officer can easily relate to. Officers have heard every excuse in the book, so simply apologizing to the officer and often goes a long way.

Remember that anything you say to the officer can be used against you in court were you to contest the ticket. This is a situation where you’ll have to decide between persuading the officer you’re not a bad driver and preserving your best options in court.

By the way, now that many cops can pull up your driving record on their in-car computers, many will reserve their decision until they have seen your record. A driver who hasn’t been cited in years is probably a safe driver in most circumstances, and simply made a mistake. Someone with many violations relatively recently isn’t modifying their behavior as the process is intended to do.

Whatever the result, always remember that the police are there to protect you and your family on the roads. They are only doing their jobs. If you have recently received a traffic ticket or citation, your best course of action is always to consult an attorney for knowledgeable legal counsel.

Safe driving!

Chris blogs about important and interesting legal news from his home in the Queen City of Charlotte NC.

Christopher Shelburn

Chris blogs about important and interesting legal news from his home in the Queen City of Charlotte NC.

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