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| What will happen to me if I am convicted of a traffic offense? |
Will a PJC help me if I am convicted of a traffic offense? |
| Prayer for Judgment Continued (PJC). What is it? |
How will my case be resolved if I retain an attorney? |
| If I retain an attorney for my traffic citation, will I have appear in court? |
Should I just pay it off? |
| Cant I just pay it off? |
I received a traffic citation (traffic ticket). What happens if I just ignore it? |
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test question |
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| What will happen to me if I am convicted of a traffic offense? |
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This is a very broad question and requires a very broad answer which may not be applicable to the offense with which you are charged and/or convicted.
(1) All convictions, moving or non-moving are recorded in the office of the Cumberland County Clerk of Superior Court. These records are locally searchable and presumably Internet searchable. They are also permanent and do not disappear after a few years.
(2) The Clerk of Court reports all moving violations to the North Carolina Division of Motor Vehicles where the conviction is recorded on your North Carolina Driver History. This includes out-of-state drivers.
(3) Court Costs and Fines. Current North Carolina court costs are $120 and are imposed in almost all cases except seat belt violations in which the court costs are $75. Fines normally do not exceed $100 except for certain cases such as speeding in a work zone, driving while impaired, driving while license revoked, etc..
(4) License points.
(5) Insurance points |
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| Will a PJC help me if I am convicted of a traffic offense? |
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Depends. The rules concerning the effect of a PJC for traffic offenses are a little complex. It may help to read the discussion of Traffic Conviction Consequences below, first. |
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| Prayer for Judgment Continued (PJC). What is it? |
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There is much misinformation circulating concerning the PJC. Simply stated, it is a conviction (either a guilty plea or finding of guilty) without the entry of a final judgment and sentencing by a Judge. The presiding Judge can enter a PJC, or not, entirely in the Judges discretion. No one is entitled to a PJC! Each individual District Court Judge has his or her own policies regarding whether a PJC is appropriate in a given case. Almost all will require a good prior record. |
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| How will my case be resolved if I retain an attorney? |
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Depending on the offense charged, the facts surrounding the offense, your record of prior convictions and the internal policies of the District Attorneys Office, usually in one of three ways: (a) In some cases, and for compelling legal, factual or ethical reasons, the District Attorney may be persuaded that a dismissal of the charges is an appropriate disposition of the matter; (b) in other cases a negotiated plea to a lesser or different offense may be possible (plea bargain); (c) in cases in which neither (a) nor (b) is warranted (e.g. DWI, speed competition, etc), then the District Attorney will require a guilty plea as charged or take the case to trial before a District Court Judge (for trials in District Court - see below). Even if you either decide to plead guilty or are found guilty after a trial, your lawyer has the opportunity to convince the Judge to lessen the punishment or sentence in various ways (e.g. Prayer for Judgment Continued - see below). |
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| If I retain an attorney for my traffic citation, will I have appear in court? |
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For the average traffic citation, unless you decide to plead not guilty and have a trial, the answer is usually no. |
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| Should I just pay it off? |
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Remember, by waiving your appearance and paying the fine and costs, you are pleading guilty (misdemeanors) or responsible (infractions). In either case, it is a conviction of the offense. Convictions of moving violations will be reported to NC DMV where they are permanently recorded on your North Carolina Driver History (even non-residents - see below). There may be much worse consequences than just the fine and court costs you pay, such as drivers license point and insurance points. More about those below. |
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| Cant I just pay it off? |
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It depends on the seriousness of the offense. While a court appearance is mandatory for some offenses (either personally or by an attorney authorized to appear on your behalf), others allow you to waive your appearance and pay your fine and court costs. Whether a court appearance is mandatory in your case will usually be indicated on your citation. If in doubt, contact a lawyer. |
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| I received a traffic citation (traffic ticket). What happens if I just ignore it? |
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Bad things! In more serious cases such as DWI, your bond will be forfeited and an order for your arrest will issued. In all traffic cases, if you fail to appear within twenty days, a $100 late fee will be imposed (in addition to regular court costs and fines), and North Carolina DMV will be informed. NCDMV will then suspend your privilege to drive in this state indefinitely if your case is not disposed of by a deadline set by DMV. If you have an out-of-state license, your home state will be notified and your license may be suspended there as well.
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