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QuestionInsurance Question  My daughter who is 17 just got a ticket doing 67 in a 45. License was not taken, we reside in North Carolina and it happened in NC. I have been told several different things, such as do a PJC, then was told those no longer apply. This is Feb 2008 is that true and given her age and restricted license is it worth the risk or should I get a lawyer.

AnswerAuto Insurance Answer

From the information we have read effective as of December 1, 2007; you are not supposed to be able to get a PJC (prayer for judgment) or reduction to an improper equipment if the original speed charged on your ticket was more than 25 mph over the speed limit. So if the charge was 70 in a 45 then your daughter would not be able to get a PJC in North Carolina.

As you are likely aware a household can only get one PJC every three years as far your insurance company is concerned, and two every five years as far as DMV is concerned. Your insurance company will raise your rates with a second PJC in three years, and DMV will give you license points for a third PJC in five years. So if your daughter uses a PJC now then no one else in the household could for the next 3 years or you could have insurance points added for the offense.

Improper equipment is a reduction in charge that many people try to obtain in traffic court, because it carries no license points and no insurance points. We have read though that you cannot get an improper equipment in every county; it varies so if this is something your daughter may try to plea down to then she would have to see if the judge or local prosecutor would allow it.

You or your daughter can call the clerk of the court to get information on her possible penalties such as the normal requirement that your driving privilege will be revoked for at least 30 days if you are convicted of driving any vehicle more than 15 mph over the speed limit, if you are driving at a speed higher than 55 mph.

The clerk of the court may also be able to say if a PJC or improper equipment charge may be possible and helpful in her situation. After obtaining information from the court then you may decide to get a lawyer to try and beat the traffic ticket and keep her driving record clean.

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