Monday, April 21, 2014

Prayer for Judgment Continued


www.kisslinglaw.com

Every day, whether in court or in the office on the phone, I hear a very wrong explanation of what a Prayer for Judgment is, how it affect your driving and insurance records and what happens if you receive another ticket in the next 3 years.  I have decided it is time to write a lengthy blog entry to explain the law and how it works.

A prayer for judgment (PJC) is not a judgment.  Pursuant to NCCS 15A01-1(4a), Prayer for Judgment Continued upon payment of cost, without more, does not constitute the entry of Judgment. 

Here is what I hear:

"If you get another ticket within 3 years of receiving a Prayer for Judgment, the old ticket will reappear on your record."  This is not accurate.  The second ticket within a 3 year period will not automatically cause the old ticket to appear on your record absent a judge setting that requirement on your first ticket and the District Attorney filing a motion to have the original judgment reinstated.

"Just get a Prayer for Judgment.  Then the ticket will not go on your record and you will not have to pay anything."  First, there are limitations on the number of Prayer for Judgment's available to a person.  For insurance purposes, each policy gets one Prayer for Judgment every three (3) years.  This includes everyone on the policy.  However, for driving record purposes, each person gets two (2) Pray for Judment's every five (5) years.  While using the second Prayer for Judgment will result in taking the insurance points from both tickets, it could save you from losing your license.  In addition, even with a Prayer for Judgment, you are still required to pay the court costs.


Also, there are several charges that cannot be disposed of with a Prayer for Judgment.  One for example is Passing a Stopped School Bus.  NCGS 20-217(e) states:  Except as provided in subsection (g) of this section, any person violating this section shall be guilty of a Class 1 misdemeanor and shall pay a minimum fine of five hundred dollars ($500.00). A person who violates subsection (a) of this section shall not receive a prayer for judgment continued under any circumstances.

These are just a few misconceptions about a Prayer for Judgment.  As a result, you should always consult an attorney before requesting one from the court. Keep in mind that even a lot of attorneys do not understand this correctly.  I just read a blog by an attorney who was just wrong about how a prayer for Judgment works.  As I looked at his web site more, I discovered that he mostly practices "beer law".  I will admit I do not know what beer law is, but I do know that it is not traffic law.  I would advise anyone to limit who they take their advise from on traffic tickets to someone who spends most of his time dealing with traffic tickets, not someone who does a few tickets on the side because they can not get the major portion of their practice to be profitable.



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