There are certain urban myths or commonly repeated pieces of advice related to traffic violations that actually aren’t true, where leaning on them in a crucial moment could create more problems for you.
In today’s post we’re going to delve into 4 of them to watch out for, and explain how these situations actually work so you can protect yourself.
Myth #1: “But I Was Just Keeping Up With Traffic!”
This one stems from the idea that law enforcement will only pull someone over if they are driving noticeably faster than everyone else. Therefore, as long as you’re moving at the same rate as everyone else, you ought to be “safe”.
It’s also referred to as “going with the flow of traffic” – but it’s not a valid legal defense to speeding.
Regardless of the flow of traffic, it’s never legal to drive beyond the posted speed limit. When a group of vehicles pass a highway patrolman at a high rate, odds are he or she will only have the opportunity to stop one of them. From the officer’s point of view, everyone was speeding but they happened to catch you.
If you then plead with the officer, “But I was just keeping up with traffic!” it could make things worse. Officers and judges do not like it when someone argues over a ticket or appears disrespectful. Your best bet is always to politely accept the ticket and let your attorney do the work of minimizing it.
Myth #2: Not Signing The Ticket Means It’s Not Valid
There’s an old episode of the Andy Griffith Show where Deputy Barney Fife, peeved about all the speeding on the local highway, sets up a speed trap and starts handing out tickets left and right. Interestingly, Barney made sure every “violator” signed their ticket. I seem to recall Sheriff Roscoe and Enos doing the same thing in Hazzard County back in the day.
There was indeed a time when it was necessary for you to sign your traffic ticket as a sort of “receipt” and acknowledgment that you will appear in court on the assigned date. But, in reality, that hasn’t been a requirement since Barney and Sheriff Roscoe were on television.
Still, the myth persists and we’re often asked if a ticket is invalidated if you didn’t sign it. The answer is definitely no. Nowadays, almost all tickets are generated electronically and the signature requirement no longer exists – although we occasionally hear stories from clients about having to sign tickets in other states.
Bottom line – an officer’s failure to have you sign your ticket in North Carolina is not a defense. You still have to come to court.
Myth #3: Moving Out Of State Renders Speeding Tickets Invalid or Unenforceable
As we covered in a previous blog about out-of-area tickets, the DMV’s of each state usually share information with each other across state lines. Law enforcement agencies and courts are also bound to give “full faith and credit” to orders issued by other states. That’s why if you live in Virginia and get a speeding ticket in North Carolina, you can’t simply ignore it.
In the same way, if you lived in North Carolina and recently moved to Georgia (for instance) your driving record follows you. If you decide to “blow off” a court date, thinking it no longer matters, things will get worse. Traffic tickets, even minor ones, are criminal matters in North Carolina. If you fail to show for court, there will be a repercussion in the form of license suspension, fines, and sometimes even a warrant for your arrest – all of which follow you, even if you move out of state.
If you move, you don’t want to go to your new DMV to get a new license and find that you cannot because of something you didn’t resolve back in North Carolina. Even if you plan to move away, you need to deal with any pending tickets or other matters you have in North Carolina.
Myth #4: A Clerical Error On The Ticket Invalidates It
Sometimes an officer will make a typo when writing up a speeding ticket. We’ve seen misspelled names, wrong names, wrong genders, wrong birthdates, and even the wrong date and time of day on tickets clients have brought to us.
Inevitably, we’re asked “Can this ticket be dismissed?” based on the error.
The answer is – It Depends. Most typographical errors on a ticket can be amended, or new charges can be brought. Some other errors are fatal (charging the wrong person, for instance). Either way, an error on the face of a ticket can create “reasonable doubt” for the court to consider in a trial.
For instance, we recently had a client who was charged with speeding and reckless driving, but the officer wrote the incorrect time of day on the citation. It so happened that our client was many miles away and on the clock at her workplace at the time the officer wrote down. This didn’t invalidate the ticket, and the officer could amend it. But it did raise questions about whether the officer was confused about the time, whether she saw the right car, etc. At the very least, this error provided our client with leverage to get a better deal from the State.
If there’s an obvious error on your ticket, let us know. It may not lead to an automatic dismissal, but it can muddy the waters enough to help you get a better deal.
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If you’re reading this post because you have a ticket and are curious what your options are, give us a call today! The McElwee Law Firm puts decades of experience in your corner.
Will McElwee has been a traffic attorney for over 25 years, and has established a solid track record helping folks from Boone and Wilkesboro to Winston Salem address traffic tickets. His family has a long and fruitful history in the area: the McElwee Law Firm began in 1932. Will’s grandfather, William H. McElwee, Jr., was a former president of the North Carolina Bar and sat on North Carolina’s Board of Law Examiners for many years.
As a “Double Deac,” Will attended Wake Forest University for both undergraduate and law school. He is a certified Superior Court and Family Financial Mediator and is also certified in the field of collaborative law.
