So what are the rules when it comes to getting your speed charge reduced to a non-moving violation?

• Now is the time to get that DWI Expunged!

  August 31, 2015
  If you have been wanting or waiting to get an old DWI expunged, you had better hurry up! A new law enacted removes convictions for offenses involving impaired driving from the types of convictions that may be expunged. The change is effective for petitions filed or pending on or after December 1, 2015. So if you are eligible for such an expunction, your window of opportunity is closing fast. For more information or to discuss getting that old DWI conviction expunged, give us a call today!

• How to Best Plan Your Future and Protect Your Family

  December 6, 2014

          What does Pablo Picasso, Michael Jackson, Bob Marley, Jimi Hendrix, former president Abraham Lincoln, and Steve McNair have in common? They all died without proper estate planning. When most think of a Will or estate planning, the term old or elderly comes to mind. Because there is no time stamp on our lives and we have no ability to foresee an unexpected death, estate planning is the best way to provide instruction of how to dispose of your estate after death. 

          All people of all ages should have a will. According to the United Way, as many as two-thirds of adults in America do not have a will and sixty percent die without one. Understandably, most delays and avoidance of creating will is caused by the uncomfortable feeling you get at the thought of your own death. When you die without proper estate planning, you are said to have died “intestate.” Without proper estate planning, the State of North Carolina will decide what happens to your assets and there is no guarantee that your estate will go to whom you wish or that your children will be cared for by whom you wish. For new parents and parents with small children, having a will is imperative and protects against these pressing issues. A will provides the opportunity for you to designate a guardian and leave your estate to whom you wish. 
           Each state has different laws regarding intestate succession, so be sure to know the legal ramifications and consequences of dying without proper estate planning. In the event that one parent dies unexpectedly without a will, most states would only allow your spouse to receive approximately one-third to one-half of your estate and the rest would be put away for your children until they become adults. In the same situation the state will appoint an administrator (charging service fees) to control the estate and funds until each child turns 18. This means your spouse would not be able to access the funds for assistance in raising your children without going through a very complicated legal procedure. This procedure requires yearly accounting and documentation to be given to the court of how the funds will be used.

  
  So Here is what Happens In North Carolina if You Die Without a Will 

  DIE WITH:                                                                                        WHAT HAPPENS:
  CHILDREN AND NO SPOUSE                                         Children Inherit everything
  SPOUSE BUT NO CHILDREN OR PARENTS               Spouse inherits everything
  SPOUSE AND ONE CHILD (OR DESCENDANT OF ONE CHILD) Spouse inherits ½ of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus ½ of the balance)
  Children or descendants inherit 1/3 of your intestate real estate and any intestate personal property remaining after the spouse’s share.
  SPOUSE AND TWO OR MORE CHILDREN (OR DESCENDANTS OF THOSE CHILDREN) Spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 work of personal property, your spouse inherits $60,000 plus 1/3 of the balance)
  Children or descendants inherit 1/3 of your intestate real estate and any intestate personal property remaining after the spouse’s share.

   

  Making changes to your current will: Making changes to your Will is painless and easy depending on its complexity. Any change to a simple Will can be made by codicil. A codicil is simply an amendment to the original Will and Testament. If you currently have a Will and have had recent changes in your circumstances such as: a recent divorce, your children are no longer minors, the death of a spouse has occurred, or you now have grandchildren it is a good idea to update your Will.

  
  As you can see there are many reasons why one should invest in estate planning, whether you have little to no assets or too many assets. Drafting a simple Will is something that can be done without the help of an attorney; however, if not properly executed the validity of the document is in question. At the Conner Law Firm, we understand the importance of estate planning for people of all ages and the role they play in everyday life. With a reputation that produces positive results, we will analyze your planning needs and work with you to determine the best means of transferring assets, minimizing taxes, and establishing guardianship. Give our office a call to inquire about how we can assist you.

  
  

  The above article was written by Jackquelynne Locklear-McLeod, our student intern for fall semester 2014, who graduated from UNC-Charlotte in 2011 with a degree in English and Economics and is currently in the paralegal program at Central Piedmont Community College.

   

Well, the short answer is that it depends on which jurisdiction you received your speeding ticket.  Both N.C.G.S. 20-123.2 and N.C.G.S. 20-141(p) prohibit the reduction to an Improper Equipment or a  Prayer for Judgment Continued, also known as a PJC, when the driver is charged with speeding in excess of 25 mph over the posted speed limit.

However, some Distirct Attorneys in their respective jurisdictions pursuant to N.C.G.S. 7A-61 and N.C.G.S. 15A-922 may supersede a citation and all previous pleadings in a misdemeanor case by filing a statement of charges at any time before arraignment in district court. Thus, the prosecutor has the ultimate say regarding the charges upon which the defendant is tried. The prosecutor’s amendment of the charges stated on the citation by striking through the original speed and replacing it with a different speed is procedurally akin to the filing of a statement of charges, which “may charge the same offenses as the citation, criminal summons, warrant for arrest, or magistrate’s order or additional or different offenses.” In light of the district attorney’s prosecutorial authority, they can for example, amend a citation where the driver is originally charged with driving 81 mph in a 55 mph speed zone to a charge of driving 70 mph in a 55 mph speed zone.  Then the driver can plead guilty to the reduced charge and ask the judge to lawfully enter a prayer for judgment continued.   This process occurs is some jurisdictions, but not all.  Many jurisdictions have office policies that barr reductions to non-moving violations where the driver's speed was more than 16 mph or 19 mph over the speed limit, and will simply not give a reduction such as an improper equipment or a prayer for judgement, where the driver avoids receiving any motor vehicle or insurance points.  Therefore, it is imperative that you hire an attorney who regularly practices in the county that where you were charged and knows the local rules!  If you have a question about getting your pending speeding ticket reduced, please give us a call at 704-720-0595.

Taylor Conner is the founding attorney of the Conner Law Firm in Concord, North Carolina.  She began her practice as an Assistant District Attorney in the Cabarrus County District Attorney's office and has practice criminal and traffic law for 10 years.