WHEN a driver is pulled over by the police, they typically risk being slapped with a ticket.
Motorists know that traffic tickets typically involve a fine, a mandatory court appearance and higher insurance rates – all of which can hit them pretty severely in the pocket.
2
2
But sometimes, cops may choose to merely hand out a warning ticket instead.
According to a recent report by The Charlotte Observer, law enforcement officers in North Carolina can issue warning tickets when they deem the situation suitable.
These warnings, which unlike citations, aren’t added to your driving record, are simply at the discretion of the officer.
Master Trooper Christopher Casey of the North Carolina State Highway Patrol revealed that citations are typically only given when there is a “clear cut, substantial violation of the law”.
But the chance of receiving a warning ticket really depends on how serious the offense is.
In North Carolina, drivers can find themselves stopped by highway patrol for minor infractions, including going “eight or nine miles” over the speed limit, or having expired tags.
Casey said each of these could warrant a ticket.
He added: “Could you by the letter of the law be issued a citation for an expired tag? Yes.
“But something of that nature can be issued a warning ticket, so that way you’ve been made aware and you can take care of it.”
However, those pulled over for more serious violations, such as driving while impaired, will receive citations or be arrested.
Casey added: “You’re definitely going to be charged for a DWI.
“As far as reckless driving, if it’s something bad enough where it warrants a reckless driving charge, you’re not going to be receiving a warning ticket.”
Warning tickets do not go on your record, according to JD Power, a data analytics, software, and consumer intelligence company.
That’s because, with a warning ticket, you won’t risk getting fined, being forced to appear in court, receiving points on your license, or having your insurance rates change.
JD Power added: “Some police departments give out warnings instead of issuing citations because they want people to know what they did wrong and correct their behavior in the future without having any negative consequences on their records.”
The NC Highway Patrol also does not keep records of warning tickets, although some law enforcement agencies in other parts of the country do, according to ClickOrlando.
And getting too many warnings could lead to a traffic ticket the next time you get pulled over.
JD Power said: “If you get multiple warnings for the same offense within a certain period in the same jurisdiction, you could be issued an infraction or misdemeanor citation.
“So, even though a warning may not mean something serious initially, it could become a problem if you ignore it and don’t adjust your driving behavior accordingly.”
How to fight a speeding ticket
According to a legally reviewed post, there are five effective strategies to fighting a speeding ticket if it was wrongfully issued.
- If pulled over and issued a ticket, drivers can argue or dispute a driver’s personal opinion. When issuing a speeding ticket, an officer is required to write their opinion and come to an “objective” conclusion. If the ticket was written based on that judgment, it can be contested. An example would be if you were going 75 mph in a 65 mph zone because others were traveling at the same speed, you could argue that it would be more dangerous to travel at 65 mph.
- You can dispute the officer’s presentation of evidence. If you were ticketed for something like running a stop sign or making an illegal u-turn, you can’t contest that if an officer saw you, but you can call things into court like eyewitnesses, diagrams, or photos.
- Argue that the ticket was issued by a “mistake of fact.” This is tricky, but a “mistake of fact” is a mistake made by a driver about a situation that was beyond their control, or if a driver legitimately did not know they were violating the law. For example, you were driving in two lanes because the lane markers were so worn down that you could not see them.
- You could say circumstances justified your driving. You could say you were speeding to pass a possibly drunk driver, or avoiding an accident by rapidly changing lanes. However, the argument won’t work if there’s proof you continued to speed after passing.
- Similar to the above, it could be argued that speeding was necessary to avoid harm. The key is to argue that if you weren’t speeding, you or someone else could have been harmed.
- Consult a traffic attorney, if all else fails. Many have free consultations to decide whether or not there’s a case.
Source: FindLaw
