North Carolina Motion to Dismiss Traffic Citation

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Multi-State
Control #:
US-03341BG
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Word; 
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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How to fill out Motion To Dismiss Traffic Citation?

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FAQ

Dismissing a Speeding Ticket in North Carolina Understand the Charges. The first step in contesting a speeding ticket is to understand the charges against you. ... Check Your Rights. ... Consider Hiring an Attorney. ... Prepare Your Defense. ... Request a Hearing. ... Attend the Hearing. ... If the Ticket is Dismissed. ... If the Ticket is Upheld.

Request a reduced fine: If you know that you can afford to pay a lesser fine, and you do not mind pleading guilty, you may simply plead guilty and ask the prosecutor for a reduced penalty. If you have a clean driving record, this will usually result in a reduced ticket.

Yes, but if you missed your court date and your payment is processed after you were scheduled to appear in court, it is possible that the court has issued an order for your arrest for your failure to appear, and the court may have reported your failure to appear to the NC DMV and assessed the additional failure to ...

By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.

If you file an lawsuit and you decide you do not want to move forward, you can ask the court to dismiss the case. Here are some common reasons for dismissing a case: You and the person you sued reach an agreement and you want to end the case.

(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.

A ?ticket? is simply a less-formal term for a citation; there is no difference between the two terms. Both are written records of you disobeying traffic laws with your vehicle while operating it or after it was parked. A ticket or citation is a written document typically issued by a police officer.

How long do points stay on your North Carolina driver's license in North Carolina? The points for most violations will stay on your driving record for three years from the date of conviction.

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North Carolina Motion to Dismiss Traffic Citation