QUESTION

Is it possible to remove/how do you remove a PJC from a prior traffic ticket.

Asked on Jan 13th, 2012 on Traffic Violations - North Carolina
More details to this question:
I have used three PJC in past five years and the DMV is going to suspend my license for a year, if I can remove the PJC from the first ticket which occured three years ago the PJC for the current ticket will count and my license won''t be suspended.
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1 ANSWER

The following response is for general information purposes only and is not to be construed as legal advice. Yes, it is possible to remove a Prayer for Judgment Continued (PJC) from a prior traffic ticket.  It can be accomplished through a Motion for Appropriate Relief (MAR).  A MAR is a motion that requests the Court to reopen a disposed matter to seek different relief from that which was granted originally.  In this scenario, you would be seeking to reopen the original traffic ticket to pray judgment.   A MAR is a document that any criminal attorney in your local area would be familiar with and could draft quickly.  There is often a fee that the attorney would charge in order to draft the MAR, file it on your behalf, draft an order for the judge to sign, seek the consent of a District Attorney to allow the motion, and then calendar the matter for a judge to grant the motion.  I am not aware, as each county is different, that there would be a direct method by which an individual could bypass the MAR process to pray judgment; however, it would be advisable to contact a local criminal/traffic defense attorney in the county in which the original ticket was charged to discuss the fee for which the attorney would charge to assist you with the process or to discuss the likelihood that you could accomplish this task on your own.
Answered on Jan 13th, 2012 at 4:13 PM

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