Is a pjc allowed in 20 over? Most of what I read says its is not allowed in 25 over but the article sponsored [not] by this website says 15 over.

     By statute, a Prayer for Judgment (PJC) is not allowed for speeds “in excess of 25 miles per hour over the posted speed limit” pursuant to N.C. Gen. Stat. § 20-141(p).  In my experience, the closer the speed over the posted speed limit is to the 25 mph limitation on PJC, the less likely the judge is to grant a PJC in the case without special circumstances.  It is completely within the particular Judge’s discretion as to whether or not he or she will grant a defendant’s request for a PJC.  This will also differ by Judicial District. 

 

     You did not state which County you received this citation. I practice in the counties of Durham, Raleigh, Orange, and Alamance.  My office helps individuals charged with speeding regularly, even at speeds in great excess of the posted speed limit.   If you are questioning whether or not should hire an attorney, then I would suggest that you probably should. 

     When PJC’s are concerned, there are several factors involved that are critical in deciding whether or not to request a PJC.  I have witnessed numerous individuals plead themselves right into a suspension when acting on their own instead of hiring an attorney.  At that point, it becomes four times more expensive for an attorney to fix, if it is even possible.  If you have any question, please feel free to call my office at 919-321-6569, visit us on the web at www.Kisala-Law.com , or send me an email at Help@Kisala-Law.com, or consult with another North Carolina licensed attorney.

Uninsured Motorists in North Carolina.

You’re driving down the street, abiding by all the rules and driving safely, when WHAM!!!! You are hit by another car.  Once you realize that all occupants are safe, you discover that the other motorist doesn’t have insurance; or worse: they have fled the scene.  Now what do you do?  Who pays for the damage?

The first step is to file an uninsured motorist’s claim with your insurance company.  Yes, as odd as it sounds, you must file the claim against your insurance company as though your insurance company was insuring the driver that hit you.  If you insurance company decides that it will not settle the case, then you must file a lawsuit.

Under North Carolina law, every insurance policy sold within the state must include a provision that every insurance policy is subject to “a provision that the insurer shall be bound by a final judgment taken by the insured against an uninsured motorist if the insurer has been served with a copy of summons, complaint or other process in the action against the uninsured motorist by registered or certified mail, return receipt requested, or in any manner provided by law” N.C. Gen. Stat. § 20-279.21.  This means that you must sue the uninsured motorist that hit you, and also serve your own insurance company to make them a party to the lawsuit.

 As if you are in bizarro-world, once you have served your own insurance company will then step in and defend the uninsured person that crashed into you- yes, that is correct.  Your insurance company will defend the irresponsible driver who didn’t have insurance and crashed into you.  At this point, they will pay a lawyer to do everything possible to prevent you from recovering  from this collision.

Uninsured motorist litigation in North Carolina is a very technical and complicated area of law.  At our office, we handle these matters to ensure that our clients recover what is owed to them as a result of someone else’s negligence.  Please feel free to call our office at 919-321-6569 to set up a free case evaluation, or just email us at Help@Kisala-law.com.  We represent people all throughout the state of North Carolina.  It has been my experience that my office has been consistently able to obtain larger amounts for our clients than any of the previous offer made by the insurance company without an attorney involved because of our ability to negotiate as well as litigate if necessary.  In my experience, even after paying for the representation, my clients end up in better financial position than they were in before they hired us.

Pulled over for 90mph in a 60 mph zone

Hello and welcome to my blog!   

     This blog is for the purpose of offering general legal advice to the public, answering questions received, and providing useful information for people dealing with the aftermath of a car crash or other injury.  THIS IS NOT SPECIFIC LEGAL ADVICE, AND SHOULD NOT BE RELIED ON FOR ANY INDIVIDUAL LEGAL SITUATION.  THIS INFORMATION RELATES EXCLUSIVELY TO NORTH CAROLINA, the only state in which I am licensed to practice law.  As with most things in law, every situation and case is unique, and if you have ANY doubt, please consult myself or another attorney.  If you have a legal question you would like to have answered, please email it to Help@Kisala-law.com, but do NOT include specifics of your case (ie- names of people or parties).  Finally, no question submitted creates an attorney-client relationship, unless there is a signed agreement otherwise.  For more information about traffic matters and a full listing of services provided by our office, please visit us at http:/http://www.kisala-law.com/traffic.html

 

Whittier, NC

i got pulled over 90 in 60 (30) over G.S 20-141(j1)
and they charged me with G.S. 20-140(b) first offence with both

Hello Whittier

First off I would strongly suggest that you get an attorney for these charges. Because of the speed involved you are ineligible for a prayer for judgment by statute, and if convicted your driving privileges will be revoked by the North Carolina division of motor vehicles. Hiring a local attorney should help you to resolve the matter without losing your driving privileges, although you will likely end up receiving some combination of court costs, fine, insurance points, and driver’s license points.

Our office frequently assists individuals who have received citations for high speeds such as yours, and have been able to resolve them successfully. Unfortunately your outside of the geographical range of our office, however if you are ever in the greater triangle area of North Carolina and, are interested in legal representation for a traffic offense, please call us our office at 919-321-6569 or visit us on the web at www.Kisala-law.com.  We regularly represent individuals in traffic and lesser offenses throughout the greater triangle area of North Carolina, including Durham, Wake, Person, Alamance, and Orange Counties.

Driving without insurance

Hello and welcome to my blog!   

     This blog is for the purpose of offering general legal advice to the public, answering questions received, and providing useful information for people dealing with the aftermath of a car crash or other injury.  THIS IS NOT SPECIFIC LEGAL ADVICE, AND SHOULD NOT BE RELIED ON FOR ANY INDIVIDUAL LEGAL SITUATION.  THIS INFORMATION RELATES EXCLUSIVELY TO NORTH CAROLINA, the only state in which I am licensed to practice law.  As with most things in law, every situation and case is unique, and if you have ANY doubt, please consult myself or another attorney.  If you have a legal question you would like to have answered, please email it to Help@Kisala-law.com, but do NOT include specifics of your case (ie- names of people or parties).  Finally, no question submitted creates an attorney-client relationship, unless there is a signed agreement otherwise.  For more information about traffic matters and a full listing of services provided by our office, please visit us at http:/http://www.kisala-law.com/traffic.html

If an officer stops you and before he can write you a citation he has to leave can he go back and write the citation?

Charlotte, NC

I was stopped for a insurance violation the officer had to leave he told me I had to Thursday to prove to him I had insurance all he would write me a citation is this legal?

Hello Charlotte

The answer is yes, he can issue you a citation for driving without insurance even if he didn't give you one when he initially pulled you over. North Carolina drivers are required to either have the minimum liability insurance on their car or be self-insured. Most people opt to have insurance coverage provided through an insurance company. When you were pulled over on the public road, the officer had the responsibility and authority to check and see if your car was capable of being legally operated on a public road. Since insurance is a requirement he was correct and asking you to provide proof of insurance coverage.   Because the officer already observed you driving and you have not provided proof of insurance, they can issue a citation at any time within the misdemeanor statute of limitations. The easiest way to avoid the repercussions would be to show proof that you had insurance coverage at the time you were operating the vehicle.

If you are issued a citation for driving without insurance you will either have to go to court or hire an attorney to go for you. In many jurisdictions, the district attorney will dismiss a citation for driving without insurance if the defendant can show that they have a policy in place currently.  If you have any question, please feel free to call my office at 919-321-6569 or visit us on the web at www.kisala-law.com, or consult with another North Carolina licensed attorney. 

-Andrew