Charlotte Attorney's Informative Blog

Posted by Mecklenburg Traffic Lawyer

From associatedpress.com

SIOUX FALLS, S.D. — A Sioux Falls businessman wants the city and Redflex Traffic Systems to pay back the money to people ticketed after getting caught on their red light traffic cameras.

The Argus Leader reports that I.L. Wiedermann, who sued the city over the automated system’s constitutionality in 2006, appeared in court on Monday with his lawyer to ask Judge Kathleen Caldwell to turn his case into a class action for a third time.

The goal of the class action is to force the city and Redflex Traffic Systems to refund more than $2.48 million in fines collected since the cameras were installed at 10th Street and Minnesota Avenue in 2004.

Caldwell already has denied a similar request on two separate occasions, saying those who paid their tickets had admitted their guilt and waived their right to contest the fine.

An amended version of Wiedermann’s complaint identifies two classes of people affected by the traffic cameras: those who have paid fines and those who have contested them.

The cameras were shut down in June after Caldwell ruled that the city violated state law when it issued civil penalties for the criminal act of red light running.

About 20,000 vehicle owners had received $86 tickets since May 2004.

Caldwell said she will issue a ruling in about two weeks.

Traffic Attorney, Charlotte traffic tickets, Concord traffic tickets, Cabarrus County traffic attorney Mecklenburg County traffic attorney, nc speeding tickets, nc speeding ticket lawyer, charlotte speeding tickets, concord speeding tickets

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Posted by Cabarrus Traffic Attorney

From thebluebanner.com

For some local drivers, a lead foot could lead to a light wallet.

According to a report released Sept. 2 by the group Speedtrap.org, Asheville was named the worst speed trap city with a population less than 100,000 in North Carolina.

Speedtrap.org operates the National Speed Trap Exchange. The site provides an online forum where users can pick from all 50 states and most of Canada, and find speed trap locations in virtually any city or town.

According to the National Motorist Association, which sponsors Speedtrap.org, the data used to determine which cities to name as the worst speed traps came directly from the National Speed Trap Exchange.

The worst speed trap city overall in North Carolina, according to the exchange, is Raleigh.

However, local law enforcement defended their patrol tactics against this title.

Melissa Williams, spokeswoman for the Asheville Police Department, said unlike speed traps, Asheville patrol officers write speeding tickets to save lives, not to increase profits.

“We’re out there enforcing speeding from a public safety standpoint,” Williams said. “As far as revenue, that’s not even on the table because we don’t get revenue. If you get a speeding ticket, the department doesn’t make any money from that.”

Sgt. Curtis Jones of the APD’s traffic safety unit said he felt perception had a great deal to do with Asheville’s image as a speed trap city.

Jones said once a month the police force conducts radar training and radar calibrations on sections of Merrimon Avenue and I-240. However, officers are not allowed to pull drivers over during these tests. Jones said he thinks people misinterpret these training exercises as speed traps.

“The illusion that we’re conducting speed traps is actually radar training where officers are not permitted to do any enforcement activities,” Jones said.

Williams said these locations were used because they offer straight roadways for officers to test their equipment.

They also give officers a safe place for training.

“It’s a good gathering place for law enforcement. It’s a safe roadway to sit beside and get the training they need, but they do not enforce,” Williams said.

Summer Sprouse, UNC Asheville junior political science student, recently got her first two speeding tickets in the past few months. She said she felt a greater police presence on the roads recently.

“I think they are patrolling a lot more. I’ve seen multiple officers sitting on both sides of 240 recently,” she said.

Jones said I-240 is a prime location to make sure radars are correctly calibrated before they do the official radar training on Merrimon Avenue.

Trooper Gene Williamson, a traffic safety officer for the N.C. Highway Patrol, said he deals with speeders every day, but doesn’t view Asheville as a speed trap.

“I’m a little surprised,” Williamson said. “I didn’t know that we’d had that honor, if you can call it that. Speeding is one of the leading factors we see in collisions, so in that respect I guess I wasn’t surprised.”

Williamson said speeding is defined as going over the speed limit, but other factors often affect an officer’s decision to take enforcement action against a driver.

“We don’t have a set number over the limit where we start writing tickets. Each officer has their own threshold based on traffic volume, weather, road conditions and other factors,” Williamson said.

He also said construction zones were given extra protection against speeding and that officers patrol those areas heavily, even if workers are not in plain sight.

Jones said although he understood that getting a ticket was never fun, Asheville patrol officers were out to prevent tragedies, not ruin a person’s day.

“Do people like getting tickets? Of course not, but we’re out there to change driving behaviors, which hopefully will reduce motor vehicle crashes and potentially save lives,” he said.

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Posted by Concord Attorney

From www.reflector.com

RALEIGH, N.C. (AP) – North Carolina authorities are investigating 10 traffic tickets that appear not to have been filed, along with an unserved arrest warrant, found in the office of a fired Butner police officer.

The News and Observer in Raleigh reported Saturday that the tickets and warrant were found by officers cleaning out the office of former Butner Public Safety Maj. Anthony W. Moss.

No record could be found in the state court system database that the traffic citations were pursued.

Butner Public Safety Chief Wayne Hobgood says the State Bureau of Investigation is looking into the tickets.

Moss was one of four officers fired over the mishandling of a traffic stop of an off-duty trooper suspected of drunken driving.

No home phone listing for Moss could be found Saturday.

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Posted by Charlotte Traffic Attorney

From syracuse.com

Syracuse, NY – The latest crackdown on distracted drivers resulted in more than 2,100 tickets being issued over the past 10 days to motorists accused of driving while texting or using their cell phones.

Syracuse police Sgt. Joel Cordone said city police issued 1,210 tickets to motorists for using their cell phones while driving and another 122 tickets to motorists for texting while driving through Saturday.

New York State Police Trooper Jack Keller said state troopers issued 194 tickets to motorists for using their cell phones and six tickets for motorists texting. State police also issued another 173 traffic tickets during the same time period.

Onondaga County Sheriff’s Sgt. John D’Eredita said sheriff’s deputies ticketed 541 motorists for using a cell phone while driving and 40 for texting while driving in addition to citing 275 other traffic violations.

Authorities launched this second crackdown July 22. An earlier crackdown in April resulted in 2,185 drivers ticketed for cell phone use and 115 ticketed for texting.

Syracuse is one of two cities in the country to target distracted drivers in the pilot program using state and federal grant money.

Two more enforcement periods are planned for Oct. 7 to 16 and April 7 to 16, 2011.

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Posted by Charlotte Traffic Attorney

From nypost.com

The NYPD has found a foolproof way to keep cops from “fixing” traffic tickets for relatives and pals.

The department has installed a new computer system to monitor how many summonses are given out daily — and to make sure none of the paperwork “disappears” before making its way into the court system, sources said yesterday.

Under the old system, cops would simply put copies of the tickets they handed out into the precinct’s “summonses box.” The tickets would then be transferred to the courts, usually within a day.

If an officer was asked to “fix,” or destroy the ticket, he could just then go back into the box and retrieve it before it got to the court.

At the end of each cop’s tour, a copy of any summons handed out is re-scanned into the computer, logging it into the system.

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Posted by Charlotte Traffic Attorney

BY JESSICA STEPHEN
Kenosha News

Last year, 528 people went to jail because they didn’t pay municipal fines in Kenosha.

That’s 215 more than in 2008.

And that’s a sign of the recession, Kenosha Municipal Judge John A. Neuenschwander said.

“The face of the recession is definitely visible in my court,” Neuenschwander said. “The incarcerations, unfortunately, are related.”

Details about jail time served for unpaid fines in 2009, as well as predictions on how changes to drunken driving and auto insurance laws might affect the court in 2010, were outlined in Neuenschwander’s annual report, which was released last week.

Unable to pay
Last year, people faced with fines often found themselves unable to pay within 60 to 90 days, the typical time frame for resolving a ticket. People had lost their jobs, their unemployment benefits had run out or the benefits were never available at all.

Neuenschwander approved payment plans for many people.

“If they say they can pay $20 a month on a $100 fine and pay it in five months, I’m satisfied,” he said.

But if people couldn’t make payments or, even worse, never tried to set up a payment plan at all, Neuenschwander said jail time was the way the debt was resolved.

Changes for 2011
Neuenschwander couldn’t predict whether orders for jail time, also known as commitments, would fall off before next year; much probably depends on the economy.

But he expected changes in drunken-driving laws would mean more attorneys fees and other expenses for first-time offenders into 2011.

That’s because ignition interlock devices now must be ordered for drivers with a 0.15 or higher blood alcohol content on their first offense. Ignition interlock, which tests drivers’ breath before allowing them to start or continue driving a vehicle, also must be ordered for those who refuse a breath or blood test when stopped for suspected drunken driving.

Neuenschwander expected more people would challenge those cases and bring lawyers with them; traditionally, people represent themselves in municipal court.

Expensive interlocks
At an estimated $1,000 per car per year for interlock, all charged to the driver, Neuenschwander expected the fees for drunken driving-related monitoring to add up fast. That could be especially true for married couples, because the law says devices must be installed on any car registered under the driver’s name.

As with fines, Neuenschwander said drivers in that situation could ask for a good cause/poverty hearing, which would help determine whether the person has the ability to pay.

For ignition interlock, Neuenschwander could approve a 50 percent discount for those who qualify.

Car insurance laws
As for the new car insurance laws — drivers now are required to have insurance and carry proof of that insurance or faces fines — Neuenschwander expected to stick with a plan worked out with the city attorney’s office.

If drivers don’t have insurance, but get it by the time they appear in municipal court, the $114 fine would be reduced, Neuenschwander said.

Those caught without proof of insurance could get that $10 fine taken care of by bringing their insurance cards to court.

What is municipal court?

Municipal courts deal with non-criminal traffic offenses, which accounted for 78 percent of cases in Municipal Judge John A. Neuenschwander’s court in 2009, according to his annual report.

Tickets issued for community violations, such as loud music, loose dogs or disorderly conduct, made up the other 22 percent of the court’s caseload.

When people don’t pay traffic tickets, municipal judges have the power to suspend their driver’s licenses for up to two years.

Not so for community violations; state law prohibits municipal judges from taking away driving privileges for non-traffic violations.

Instead, a judge can order people to jail, where their debt is repaid at a rate of $25 to $35 per day, up to $500; the repayment rate will increase to $50 in January 2011.

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Posted by Charlotte Traffic Attorney

By John Egan

Austin Market Examiner

Beware, Texas motorists. You might want to put the brakes on your need for speed.

Texas ranks No. 4 as the state most likely to hand out traffic tickets, according to the National Motorists Association.

Florida comes in at No. 1 on the association’s list, with Georgia and Nevada tied for second. Alabama ranks fifth.

Montana is the state where you’re least likely to be given a traffic ticket, according to the association.

The National Motorists Association says it generated the rankings by analyzing ticket-related search queries such as “speeding ticket” and “traffic tickets” over time using Google’s Insights for Search—a tool that shows search trends across the United States.

The association, based in Waunakee, Wis., bills itself as a motorists’ rights group that helps drivers fight traffic tickets.

“Information on how many traffic tickets are issued in each state is hard to come by because most localities—especially ticket-happy speed trap towns—are reluctant to publicize their ticketing prowess,” the association says.

“Obviously, these rankings aren’t perfect (search queries can be impacted by a number of different factors), but the National Motorists Association has found that the list matches up very well with their day-to-day experiences helping motorists fight traffic tickets.”

Last year, the association identified the Dallas suburb of Duncanville, Texas, as one of a handful of places that U.S. motorists might want to avoid.

“This city, with a population of 38,500, issued over 43,000 red-light camera tickets last year,” the association said on its website in 2009. “Much like Los Angeles, the city focused on right-turn-on-red violations, which accounted for 85% of the tickets given out. Because of the amount of money they bring in, the mayor even went as far as arresting an alderman who disagreed with the city’s tactics.”

The National Motorists Association was founded in 1982 to lobby against the 55 mph national speed limit. The for-profit group encourages motorists to challenge all traffic tickets in court.

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Posted by Charlotte Traffic Attorney

By Ronald A. Ramos

Speeding tickets are served by the police when the person behind the steering wheel goes above the posted speed limit. When a ticket is issued, a fine is assessed and a court date is set. If you simply pay your fine directly to the court, a guilty plea is automatically filed and a conviction will appear on your driving record. This can result in points on your driving record and a hike to your auto insurance rates. If you have been served a speeding ticket, an experienced traffic ticket lawyer can help save you time and money. Often times, a lawyer can appear in court for you to fight you to keep the speeding ticket from becoming a conviction on your driving record.

If you decide to fight the speeding ticket yourself, you may be in for a very frustrating and extremely time consuming ordeal. Dealing with hefty fines is a common sight but the eventual escalation in the insurance premiums is the main cause of concern. In some cases, you may be at risk of driver’s license suspension. A lawyer will be familiar with all the speeding rules and regulations and has experience in keeping speeding tickets from appearing on your record. You may find it ideal to hire a local lawyer rather than taking time out of your busy schedule to appear in traffic court and attempt to fight the ticket yourself.

The lawyer will best be able to represent your case, appeal and negotiate with the judge with a varied range of options that he thinks will suit your predicament. There are many options which he could suggest to get a favorable hearing. In most cases he or she will seek dismissal or deferred adjudication. In all cases, a major point of focus is to prevent you from receiving points on your driving record (insurance companies regard these points as extremely important as they are the basis for insurance premium.)

Once the case is entrusted to the lawyer, one does not even have to go to the court, the attorney will look into the entire laborious process for you. In many cases, the attorney can handle your case for less than what it costs you to pay the speeding ticket fine directly to the court. Most attorneys can obtain all of the information needed to handle your case with a simple phone call.

It is important to know your options and protect your driving record. Search the internet for an experienced lawyer. Avoid court, save time, and save money. Call a lawyer today.

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Posted by Charlotte Traffic Attorney

By Nicholas Gerbis

TLC.com

Too late, you see it: the hood of a highway patrol car parked in the roadside bushes. Or perhaps it’s a black and white motorcycle nestled behind a billboard.

Nothing saps the fun from a road trip like being pulled over. Besides simply obeying traffic laws, how can you avoid a ticket on your next trip?

• Keep It Together: 

The No. 1 rule in avoiding traffic tickets is to not get noticed, and nothing draws attention like a Bondo beater dragging itself down the highway. Keep your car in good working order. Bumper stickers, excessive window tint, iffy car modifications and certain kinds of vanity plates also attract unwanted attention.

If you have a taillight out and parts are falling off your vehicle, you’re effectively demanding that an officer pull you over. By definition, broken lights and faulty signals mean you cannot drive safely or legally, and if an officer has to flag you down as a safety hazard, then he or she is much more likely to ticket you for any other mischief you’ve been up to, like speeding.

In any case, getting a tune-up before embarking on a road trip is always a sensible precaution, one that can save you lost hours, even days, awaiting a tow or repair. While you’re at it, why not have your speedometer calibrated? It’s guaranteed the one in the highway patrol car will be.

• Follow the Herd

Go with the flow of traffic and remain in the middle of the pack. Blending in is the goal. Since remaining in your lane and matching the speed of surrounding cars is safer, you will also stand less of a chance of getting into an accident. Accidents tend to result in tickets (among other potentially more dire consequences).

Think of it like this. Even if one car out of the herd is flagged by highway patrol, odds are it won’t be you if you’re situated in the middle. Autos in front will be the first to get tagged by radar, and trailing vehicles will present the easiest target for highway patrolmen to pull up behind. Similarly, cars in the fast lane are the most likely to be tagged by cops parked in the median strip.

If you must break away, follow a faster car. Radar will tag them first, and if they hit their brakes, you’ll receive early warning of trouble ahead. It’s also a good idea to watch what the truckers do: Their network of CB radios keeps them apprised of all of the local patrols and speed traps.

• Be cool

Don’t make excuses. Be polite and cooperate with the police officer.

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