Conditions on the road can change faster than drivers expect. You aren’t alone if you’ve been given a traffic ticket for failure to reduce your speed. It isn’t uncommon for law enforcement officers in North Carolina to wrongly charge drivers for failure to reduce their speed to avoid a collision, even if they were driving relatively safely and didn’t cause the accident.
When it comes to fighting your traffic ticket, having an attorney like Joel Hancock of Hancock Law Firm by your side can provide the guidance and advocacy you need. With his extensive experience defending North Carolina residents in a wide range of traffic violation cases, including failure to reduce speed to avoid a collision, you can rest assured that you’re in good hands.
N.C. Gen. Stat. § 20-141(m) Failure to Decrease Speed to Avoid an Accident
Failure to reduce speed to avoid an accident is discussed in N.C. Gen. Stat. § 20-141. This traffic violation is considered a misdemeanor and occurs when a driver fails to bring their vehicle to a stop fast enough to avoid a car accident. Law enforcement officers generally only issue a ticket for failure to decrease speed when a driver has been involved in an auto accident.
The relevant statute states that even when a driver has reduced their speed below the posted speed limit, they may still have a duty to decrease their speed even more to avoid a collision. Ultimately, the wording of this statute is subjective, giving the police officer at the scene significant discretion.
North Carolina drivers have a legal obligation to reduce their speed as much as necessary to avoid a collision with another vehicle or person. In order to comply with this statute, drivers should reduce their speed for the purpose of avoiding injury to another person, people, or property.
The Benefits of Hiring a Traffic Ticket Defense Attorney
Taking your traffic ticket seriously can help you save money and protect your driving privileges. Speaking to an attorney is important if you’ve been involved in a car accident and received a ticket for failing to decrease your speed to avoid an accident. If you’re representing yourself, you may discover that by the time you appear in court to defend yourself, your auto insurance company is already aware of the accident happening.
You could still face increased auto insurance premiums even if you weren’t at fault for the accident. If you pay the ticket without defending yourself, you will admit guilt and plead guilty. Pleading guilty to this charge could result in penalizing yourself twice.
When you hire an attorney, your attorney will be able to begin negotiating with the prosecutor to pursue a dismissal of the traffic ticket. Attorney Joel Hancock will work toward helping you avoid the need to make court appearances to minimize the damages. He has a proven track record of securing dismissals in traffic ticket cases.
Avoiding the Penalties for Failure to Reduce Speed
Without the help of an experienced criminal defense attorney, a conviction for failure to reduce speed could cause a significant increase in your insurance premiums. The increase could become a financial difficulty, making it hard to continue paying your premiums for years.
The penalty for failing to decrease speed to avoid an accident can include a fine of up to $100, imprisonment in the county jail for up to 60 days, or both, depending on the case’s unique facts. Additionally, if you are convicted, you could receive points on your driving record. Even if the fine is relatively low, a conviction can cost a significant amount of money over time due to increased insurance premiums. This could lead to a substantial increase in your insurance premiums, making it difficult to continue paying for your coverage for years to come.
Defenses Against a Ticket for Failure to Reduce Speed
The best defense against a ticket for failure to reduce speed will depend on the specific facts in your case. When you work with attorney Joel Hancock, he will take time to discuss your case with you and investigate the circumstances leading up to the car accident and ticket. He will use the unique facts of your case to develop an effective legal defense strategy.
For example, you may have evidence that you did not cause the accident. The police officer may have wrongly assumed you were at fault for the accident because you didn’t slow down enough. In reality, the other driver may have caused the accident. You may be able to argue that the accident would have occurred even if you had slowed your vehicle down. For example, suppose the vehicle in front of you slammed on its brakes for no apparent reason. If you collided with the vehicle in front, you could argue that the other driver was entirely at fault because you didn’t have enough time to slow down your vehicle to prevent a collision. Another defense strategy could be to challenge the officer’s judgment in issuing the ticket or to present evidence that the road conditions were not conducive to reducing speed.
The sooner you hire an experienced defense attorney, the more time your attorney will have to begin negotiating to dismiss the traffic ticket. Before you pay the fine in an attempt to get the traffic ticket “over with,” it’s crucial to speak to an attorney. Paying the ticket is the same as pleading guilty and could cost you over time. Attorney Joel Hancock can handle every aspect of your traffic ticket, from reviewing the circumstances of the ticket to negotiating with the prosecutor. This allows you to focus on other important matters while your attorney works to secure the best possible outcome for your case.
Contact a Skilled Criminal Defense Attorney in North Carolina
If you’ve been involved in a car accident, you are likely facing several pressing issues, from getting your vehicle fixed to finding transportation. Facing a traffic ticket for failure to reduce speed can add another layer of stress. Attorney Joel Hancock is prepared to fight your traffic ticket for you and pursue a dismissal. If you’ve been charged with failure to reduce speed, don’t hesitate to contact Hancock Law Firm to schedule a complimentary, no-obligation case evaluation.