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“Nine Over”

(Updated 6 February 2014) 

There are several ways to avoid getting insurance points from a traffic ticket.  Besides getting the case reduced to improper equipment, or using a prayer for judgment continued (“PJC”) , there is something called  “nine over.”  What does this mean?  North Carolina’s Safe Driver Incentive Plan, otherwise known as the insurance point system, states how many insurance points a driver gets with each type of conviction.  For example, according to the insurance point chart,  a driver who pleads guilty to driving 58 mph in a 45 mph zone  would receive two (2) insurance points, which would result in a 45% increase in her insurance rates for three years.  However, the same insurance point system has an exception, one that traffic lawyers call “nine over.”  The insurance chart says that a driver will not get any points for:

Speeding 10 mph or less over the posted speed limit; provided all of the following are
true:
• The violation did not occur in a school zone; and
• There is not another moving traffic violation for the experience period (an isolated
Prayer for Judgement Continued (PJC) will not count as a prior conviction for the
purpose of this exception).

So, if  the driver is charged with 58 in a 45, and the ticket is not in a school zone, and she has a clean record for the past three years, then one way to keep her insurance from going up would be to ask the D.A.’s office to reduce the charge to 54 in a 45 (nine mph over the speed limit, or “nine over”), and the driver’s insurance would not increase. (Note: Depending on the circumstances, I might be able to help this person even if she got the ticket in a school zone).

Have a ticket?  Give me a call — Don’t risk losing all those savings you got from changing insurance companies!   919-683-2175.  

About ken

I've been practicing law in Durham, NC for 30 years now. I focus on traffic cases, personal injury and workers compensation. I graduated from Wake Forest University in 1980 with a BA in political science. I went to Mercer University for law school, graduating in 1983. I began practicing in Durham the next year, and I have been here ever since.

Initially, I did just about any kind of case that came in the door. However, it's hard to get good at any area if you're trying to do them all. So, I settled on personal injury, workers compensation and traffic cases.

I am married and have two sons (ages 20 and 16). My wife is a physical therapist. My older son is a college sophomore and my younger is a high school sophomore. We also have three pets -- a Havanese dog named Blitzen, a tabby calico cat named Donner, and a black cat named Olive. (I'll let you figure out those names. . . )

I hope to hear from you!

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