How to Negotiate a Speeding Ticket in North Carolina

In North Carolina, motorists can negotiate the severity of a speeding ticket through several approaches. Because North Carolina traffic courts and District Attorney Offices are very backlogged, most District Attorneys will agree to negotiate downward the level of the speeding citation in exchange for a guilty plea. As a result, a motorist can often times succeed in reducing the number of points that appear on his driving record and the amount of the fine that is assessed. Such negotiations occur with regularity in the state’s more populous counties.

Instructions

Difficulty: Moderate

Things You’ll Need:

• The original traffic citation
• Photographs of roadway conditions, such as obscured speed limit signs, that may mitigate culpability

1. At the scene of the citation, explain any justification for the violation to the officer and politely ask for a warning in lieu of a citation.
2. Contact the District Attorney’s office for the county where the ticket was issued and ask for the prosecuting attorney assigned to the date and time of your scheduled court appearance. Ask to speak with the attorney. Without admitting to wrongdoing, ask the attorney if a negotiated plea arrangement can be worked out before the court date.
3. Appear in traffic court, if required, at the assigned date at least thirty minutes early. Approach the prosecuting attorney, who will most likely be setting up at the table nearest the jury box. Without admitting to wrongdoing, ask the attorney if a negotiated plea arrangement can be worked out before the court date.

Tips & Warnings

• Police officers are more likely to issue warnings to drivers who have no prior citations. If your driving record is completely clean, emphasize the point to the officer as proof that you are a diligent and law abiding driver.
• North Carolina generally groups traffic citations according to the number of miles per hour over the speed limit. In general, the lowest category is under 9 miles per hour over the limit, the second category is between 9 and 15 mph over, and the most severe is over 15 mph over. Prosecutors are usually amenable to dropping one category, which can make for substantial savings in both the assessed fine and driver’s record points.
• Never misrepresent your driving record to a police officer or court official. They can easily check your record, even at roadside.