If you've been cited for speeding in Asheville or other Western NC areas, Improper Equipment is usually available for a reduction. So what does this mean for your license and insurance?
Any time you are convicted of speeding, even a reduction in speeding, you are pleading guilty to a moving violation. This means your insurance may increase, and in some circumstances will certainly increase by significant percentages. Also, moving violations always have points that add to your NC DMV record. This is where Improper Equipment is valuable. Improper Equipment reductions are non-moving violations. Also this resource is not limited by DMV, so it could theoretically be used as often as you need it, if the locality where you are charged doesn't limit you.
So what are some drawbacks to Improper Equipment?
-Speeding at rates above 25mph over will cause NC DMV to ignore Improper Equipment, so the reduction is not appropriate for speeding at higher rates of 26mph over and up.
-Improper Equipment is expensive. It is fined higher in some counties than in others, but it is always more expensive than other reduction remedies. The state and the locality take advantage of fining drivers who use this remedy, and when it is stacked with court costs and attorney fees, the cost is significant. Often times my clients opt for a more economical solution. This is a decision that a good traffic attorney can help you weigh.
-Some counties, such as Buncombe, limit the remedy of Improper Equipment to one allowance every so many years.
-Some counties may require a defensive driving class, at your expense and on your time.
-Some states, such as CA, will still assess points to improper equipment as a moving violation. DMV in NC will report to the other state, and the other state can interpret it as they please.
When Should I opt for Improper Equipment?
-Any time you can reduce a moving violation to Improper Equipment you probably should. It is the best outcome for a moving violation aside from a dismissal or a not guilty finding.
-Sometimes this non-moving violation may be the only tool left to save a driver's license.
-Improper Equipment is great for Commercial Licenses which can't use PJC.
If you've been cited with speeding, or other moving violations in Asheville, or surrounding WNC areas, contact an Asheville traffic attorney today: