You just got a speeding ticket in North Carolina. Now what?
When you get a speeding ticket, you may first wonder how big of a fine you’ll have to pay.
But in North Carolina, the fine may be the least of your concerns. Other potential consequences, including court fees, insurance hikes and the temporary loss of your license, may cost you much more.
Speeding tickets are handled by the state’s criminal courts, and fees known as “court costs” usually dwarf the fine. Depending on how fast you’re convicted of going, an increase in your insurance rates can be the biggest bite of all.
In addition, if you’re accused of going 15 mph or more over the speed limit while driving 55 mph or more, or if you’re charged with going faster than 80 mph, you could be charged with a Class 3 misdemeanor, which comes with a 30-day loss of your driver’s license if you’re convicted.
Here are some answers to commonly asked questions about getting a speeding ticket in the state:
Q. So how big are the fines?
A. They can range from as little as $10 for going up to 5 mph over the speed limit to $30 for exceeding the limit by 11 to 15 mph. There are special fines of $250 for speeding in school and work zones.
Q. What about going 15 mph or more over the limit above 55 mph, or going above 80 mph?
A. Those are Class 3 misdemeanors, which come with a fine of up to $200 and a criminal record. In addition, the Division of Motor Vehicles could revoke your license for 30 days, or for 60 days if it’s your second conviction within a year. The added penalties are why accused speeders, and their lawyers, try to negotiate a lower conviction speed that won’t meet the definition of a misdemeanor.
Q: Do I have to go to court for a speeding ticket?
A: No. For tickets that are not a Class 3 misdemeanor, you can opt to plead guilty and pay the fine and court costs online or by mail. You’ll also likely see an increase in your insurance rates and may earn points on your license. More on this later.
Q: How much are court costs?
A: The General Assembly has authorized different fees to pay for various parts of the justice system, starting with a General Court of Justice fee of $147.50 for District Court cases, which include traffic offenses. Add in seven other fees, and the court costs for a basic speeding ticket come to $191.
Q: Do I have to pay court costs if I pay my ticket online and don’t go to court?
A: Yes, you must pay court costs even if you opt to plead guilty and pay your ticket online or by mail. The only way to avoid court costs is to be found not guilty.
Q: How might a speeding ticket affect my car insurance rates?
A: Under a system set up by state law, companies will increase your car insurance rates for various driving violations that occur within three years of a new or renewed policy. The system uses points that correspond to various increases. Speeding up to 10 mph over the limit but under 55 mph earns 1 point, or a 30% increase, for example. Speeding in excess of 75 mph when the speed limit is less than 70 will earn 4 points, or an 80% increase.
Q: Will a speeding conviction add points to my license?
A: Yes. The Division of Motor Vehicles uses a point system to discourage people from repeatedly violating traffic laws. Drivers earn points for various types of convictions. When you get to 7 points, you’ll have to attend a driving clinic; if you get 12 points within three years, your license may be suspended. Speeding convictions earn either two or three DMV points, depending on the speed and the circumstances.
Q: Can I really negotiate over my speeding ticket?
A: Yes. Your local district attorney’s office and the district court system have far more traffic cases than they can handle. So if you have a decent driving record, the assistant DA may be willing to cut a deal for a lower speed in exchange for a guilty plea. They may also agree to let you plead guilty to having a faulty speedometer, a charge known as “improper equipment.” With an improper-equipment conviction, you will still pay court costs plus a $50 fee, but you won’t get any insurance or DMV points.
Q: What is a “Prayer for Judgment Continued” and how does it apply to a speeding ticket?
A: A Prayer for Judgment Continued or PJC is sometimes referred to as a “Get Out of Jail Free” card and is mostly unique to North Carolina. If you plead guilty to speeding, you can ask the judge for a PJC, which essentially suspends the sentence. So no fines or points on your license or insurance, though you’ll still pay court costs. PJCs are issued at the judge’s discretion and by law aren’t available to people charged with going 25 mph or more over the speed limit, though judges don’t always adhere to that. If a judge denies your request for a PJC, the guilty plea still stands. And you or others in your household can use only one PJC every couple of years. Many drivers consult a traffic lawyer to find out whether it makes sense to request a PJC in their case.
Q: When does speeding become reckless driving?
A: Reckless driving is a broader traffic offense that often includes speeding. It’s defined as driving “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.” Sometimes an officer will charge a driver with both speeding and reckless driving, which is a Class 2 misdemeanor. These may include if you’re weaving in and out of traffic or crossing a yellow line. Reckless driving earns 4 insurance points, or an 80% increase in premiums, and coupled with a speeding conviction can result in a 60-day loss of license.
Q: Will North Carolina suspend or revoke my license if my ticket was in another state?
A: Yes, a conviction outside North Carolina that meets the state’s criteria for a revoked or suspended license will apply. But it may not happen right away. Because it can take months or years for other states to report a speeding conviction to the DMV, drivers are often surprised to be notified that they’re losing their driving privileges long after they got their ticket in another state.
Q: Can I get a ticket for going too slow?
A: Yes. You can get a ticket for going below a posted minimum speed or driving “at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law.” The penalty is a $25 fine plus court costs.
This story was originally published June 3, 2021 at 7:53 AM with the headline "You just got a speeding ticket in North Carolina. Now what?."