I got a motorcycle ticket in north carolina, someone help.?

Question

I got a ticket today. 30 or so cars were in dead stop traffic. My motorcycle started to overheat, so I cut between 8 or 9 sets of cars to get to an opening, and then when traffic started moving, a cop pulled me over because i went in between the cars.

This is what the ticket says:

"Carelessly and heedlessly in willful and wanton disregard of the rights and safety of others"

The code for this is:

(G.S. 20-140(A))

I have no price to pay, I have to go to to court in a month.

How can I defend myself, and how serious is this?

It was stupid, but i can't change history, so now i have to prepare for the future.. Ideas?

Answer 1

The first thing the judge will ask is how do you know it was overheating. Better have a good answer because it sounds like you were trying to improve your position in traffic. You should have told the cop and make sure he wrote it down that way. Dumb or not it is the law and has to be  obeyed.

Answer 2

I thought a misdemeanor means no time, just penalty. I definetely am not sure though. I seriously doubt you would get jail time ESPECIALLY if its a first offense. Just go in a nice shirt and khaki's and own up to what you did. You'll get yourself a lot of sympathy if you do that. Just be honest, promise not to do it again, etc. You'll probably walk away with a big fine, maybe a bit of community service or something.  

Answer 3

You won't go to jail, it a moving violation only. Plead your case to the hearing officer. Cycle overheats, its legal in California you were not acting in a thoughtless manner and you won't do it again in North Carolina. You'll pay a fine, move on.  Yes, look like the picture of success, clean pressed shirt, pressed slacks, shiny shoes, haircut.... that all matters! If you still squimish talk to a lawyer for 30 min legal time before the trial date.

Answer 4

that is why you live in CA and split traffic whenever you want :o)

Answer 5

Go to court and plead your case. Maybe they will lesson the charge to equipment violation. Its worth a shot.      Go alone. They usually negotiate with you to keep it from going to court and overcrowding a already busy courthouse. If they won't reduce it then they set a court date and you can lawyer up then.

Answer 6

I wouldn't sweat it too much.  First... people may disagree, but plead Guilty.  When the judge lets you explain, tell him that the bike was starting to get hot, and you only did it for that reason.

You say "I have to prepare for the future".  You also have to prepare for the consequences of your actions.

Good luck.

Answer 7

From what I can find on the net this is reckless driving and it is a mandatory appearance. If you told the trooper why you did what you did he should have put that in a statement of facts to the court. I can't see how you can beat it. Most lawyers would be very happy to go to court with you then you would have to pay him and the fine. I believe your best way out is be very nice in court and explain why you did it then clean up your driving. You never know when the law is looking your way.

I found the reckless driving law and it is a class 2 misdemeanor. This site tells what the penalty for a class 2 can be

http://www.jus.state.nc.us/NCJA/stmar95....

you may not get any jail time. You could talk to the prosecutor a few days before court and see if jail time is customary on this violation and if so see if you can work some thing out to get as little as possible. He can recomment to the court that jail time no be imposed. Good luck

Answer 8

Yes you could be put in jail. I would not at all worry about going to jail. The only tip I can give you is don't p**s off the judge. My father is a police officer with the CA Highway Patrol and I asked his opinion on this situation. "This ticket is NOT worth hiring a defense attorney. He will not do much." Although he did add that he did not know the extent of the situation, so have good judgment he said.  Be on your best behavior when you go to court. And don't mention that your engine is over heating. I am friends with a traffic judge he said that's what pisses them off.  

Answer 9

no no no no no no you wont face jail time.. think about how many people do that regularly. i see people wheelie on public roads in front of a school and they only have to pay a $200-$300 fine and thats way more dangerous than splitting cars. you'll be fine i estimate around a $100-150 fine

good luck

Answer 10

If this is your first offense, you aren't going to do any time in jail.  First off, dress nice when you're in court.  Don't look like a slob.  Use your honor when addressing the judge.  Explain what happened and why you did it.  

If it's not your first offense, look at a lawyer.  If you qualify, look into the public defender, it's free, if you don't make enough money.  The lawyer will charge you way more than the ticket will be, plus if you lose, you still have to pay the lawyer and the ticket