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“Exceeding a Safe Speed”

The non-specific  charge of “exceeding a safe speed” (often referred to as either “ESS” or just “exceeding”) can be a useful reduction when other reductions, such as improper equipment or nine-over, may not be available or as helpful.  For example, a person is charged with driving 83 mph in a 70 mph zone — a four-insurance-point violation — and the DA will not reduce the case to improper equipment.  If the driver already has a moving violation on her record within the past three years, then reducing the ticket to 79 in a 70 (nine-over) would still result in two insurance points. If the DA would instead agree to reduce the case to “exceeding a safe speed,” there would only be one insurance point.    

Put my expertise to work in coming up with a good result in your case. 919-683-2175.            

Safe Driving Schools

Often, people with tickets wonder if it will help them to go to “traffic school.”   Without meaning to sound flippant, my answer is, “It depends.”  My information is based only on my experience in the North Carolina counties of Wake, Durham, Orange and Chatham.

First, as a general matter, it’s certainly not going to hurt you to take a safe driving class.   You might learn something that could save your life.  And, it’s nice when I can say to the assistant D.A., “And look, here’s her safe-driving-class certificate.”

As to whether or not you must take a class, or whether it really may help you legally, that depends on the D.A.’s office in each county.

In Wake County, if you are under twenty years old and you want a reduction in the charge, you may have to take a class.  If you are older than twenty, they are not going to be too impressed with a class, and will likely offer you the same reduction, if any,  with or without a class.

Durham County’s safe-driving-class policy is that they do not have one.  Doesn’t hurt, may help.

Orange and Chatham County have the same D.A., and they do have a policy:  They like people to take classes.  If you are 19 or younger, they may require you to take a two-day, in-person class in order to get the best reduction.   If you are older than that, and the charge is not too serious, you can probably get by with an online class.

Which Class to Attend?

If you don’t have a lawyer I suggest you go to your first court date and ask the assistant D.A. whether he or she wants you to take a class, and ask them which class to take.  Your case will be continued (put off) for a month or so to give you time to complete the class and then you can come back with your certificate.

If you are represented by a lawyer (for example, me), I will find out which class you need to take and let you know.

The Original Certificate

Please note that the D.A.s’ offices will only accept the original certificate issued by the school.  They do not accept copies.  If I am representing you, you can ask the school to send the original directly to me.

Have a question about a traffic ticket?  Give me a call at 919-683-2175.

 

 

 

 

 

Lawyers and Orange and Chatham County Cases

I handle traffic cases in Durham, Granville, Wake, Orange and Chatham Counties.  In Durham, Granville, and Wake, I can go to court for you on your court date and most likely take care of it that day. They do things a little different in Orange and Chatham Counties.  In Orange and Chatham Counties, which are part of the same judicial district (District 15B), they do all the minor traffic cases in which the defendants have lawyers on an administrative day, also called “lawyer’s day.”  That’s the third Wednesday of every month in Orange, and the second Thursday of every month in Chatham.

This is the process in Orange County:  After being retained, your lawyer goes to the Clerk of Court and asks them to  place the case on an upcoming lawyer’s day.

This is the way they do it in Chatham County:  Traffic court is the 1st Thursday of every month.  Folks who don’t have lawyers can show up then and resolve their cases on their own.  The left-over cases, which would include cases in which the defendants have hired lawyers, are automatically continued over to the next Thursday — lawyer’s day — when lawyers show up and take care of the cases for which they have been retained.

So, if you retain me (or any other lawyer) for a minor traffic case in Orange or Chatham County, we will not resolve your case on the court date printed on the ticket.  Rather, we will resolve it on lawyer’s day.

“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.  

Why Choose Kenneth Duke?

First, clients benefit from the expertise that I have developed through 26 years of law practice in the Research Triangle area of North Carolina.   I have tried cases in the district and superior courts, and I have tried many workers compensation claims before the North Carolina Industrial Commission.  I  know my way around workers’ comp, personal injury and traffic law. 
Further, you usually will be dealing directly with me.  I do have an assistant, but when you call, as likely as not I will answer the phone.  I usually answer client emails myself.  I am willing to discuss directly with you the pros and cons of the various courses of action to be taken in your case, whether it’s a traffic, personal injury, or workers’ compensation claim. 
Call or email me right now and put my skills to work for you.