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  1. #1
    Join Date
    Jul 2019
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    2

    Exclamation Moving Violation- Ticketed in Another State

    My question involves a traffic ticket from the state of: Ohio

    My daughter got a ticket for not changing lanes away from a parked emergency vehicle that had flashing lights on. Basically she was traveling down the highway in Ohio, we live in North Carolina. There were two parked state troopers on the side of the road assisting with a disabled vehicle. She slowed down but did not merge into another lane. One of the two officers pulled her over. He checked to see that this is also a law in NC and that she should have known better, so gave her a ticket. While he had her pulled over another car passed them, also not merging away from them, so the officer quickly threw the citation at my daughter, jumped in his car and proceeded to pull that vehicle over. So my question is- I have planned to just pay the ticket and suffer the consequences of the points on my insurance. But I have been reading many things about possibly not getting points for an out of state ticket, possibly her having her license suspended once she returns to NC if I DO pay the ticket, possibly getting points and having her license suspended. I am lost. I am in NC, she is visiting family in Ohio and I don't what to do to help her.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,232

    Default Re: Moving Violation- Ticketed in Another State

    If the ticket isn't paid she will certainly get her license suspended.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,661

    Default Re: Moving Violation- Ticketed in Another State

    You can check with the NC DMV about points, but she's not going to get her license suspended for a single, minor traffic violation, regardless of where it occurred.

  4. #4
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    224

    Default Re: Moving Violation- Ticketed in Another State

    MOM, you will not get the points, you were not driving, your daughter was. Fines for this offense are doubled, usually $150.00 + costs, so see what the waiverable fine is!

    If she does not pay the fine, Ohio will forward this information to NC and if not settled NC may suspend her DL. I believe the Non Resident Violator Compact and the Driver license compact have been merged, regardless of Compact name, sanctions are the same.

  5. #5
    Join Date
    Jul 2019
    Posts
    2

    Default Re: Moving Violation- Ticketed in Another State

    Thank you for this information. The fine, including costs, is $125. And I definitely want to handle it while she is still in Ohio. She is on my insurance, so that is what I was referring to in terms of points going against our insurance premium. It sounds like paying the fine in Ohio before her court date is the best option and that it shouldn't compromise her license here in North Carolina. Should I reach out to the NCDMV? I have heard that they are not always helpful. Someone also indicated that she could go to court here in NC and possibly get a PJC but I am not sure I want to risk not paying the ticket in Ohio. This seems to be a more serious offense and I don't want to mess around with it.

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    224

    Default Re: Moving Violation- Ticketed in Another State

    I guess the fine isn't double then? State Troopers can only cite under State law, I will check again. Regardless, I would strongly suggest paying it, that is why compacts were created, out of state motorists were just ignoring tickets.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Moving Violation- Ticketed in Another State

    The bigger question is: what defense does she have to the ticket?


    1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver's motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle.

    (2) If the driver is not traveling on a highway of a type described in division (A)(1) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions.


    the primary obligation is to move over to another lane. She didn’t do that. Her only defense to not moving over is she was unable to do so safely. Could she have moved over safely? If so, she has no real defense

    if she couldn’t move over safely, she was obligated to slow down. You say she did slow down. Since Ohio does not give a specific number as to how much she must slow down, it would appear she has met the requirements of the law (if she could not comply with the primary obligation).

    So, could she have moved over? If so, I suggest paying the ticket unless there is some sort of drivers school available to reduce the ultimate penalties to her driving record and your insurance.

    If she coulsnt have moved over safely, then she may have a reasonable argument against the ticket. The specific facts matter though

  8. #8
    Join Date
    Feb 2010
    Posts
    614

    Default Re: Moving Violation- Ticketed in Another State

    Quote Quoting Magmomom
    View Post
    My question involves a traffic ticket from the state of: Ohio
    so the officer quickly threw the citation at my daughter, .
    Did your daughter sign the ticket? (Assumption on my part this is necessary in Ohio...)

  9. #9
    Join Date
    Sep 2010
    Posts
    19,208

    Default Re: Moving Violation- Ticketed in Another State

    Quote Quoting adam_
    View Post
    Did your daughter sign the ticket? (Assumption on my part this is necessary in Ohio...)
    And this makes a difference, how?

    Once the conviction is posted, she will get points on her NC license (both insurance and DMV points). She'll get 2 DMV points and 1 insurance point. This in itself will not lead to a suspension. You can not get a PJC for an out of state conviction.

    And to those who were confused by the poster's statement, NC has a statutory scoring on insurance. While the daughter gets an insurance point, the policy will be surcharged 30% on the part of the policy that applies to her (usually, youthful operators are scheduled on the most expensive car on the policy), so yes if the daughter is on his policy, the premiums will go up.

  10. #10
    Join Date
    Feb 2010
    Posts
    614

    Default Re: Moving Violation- Ticketed in Another State

    Quote Quoting flyingron
    View Post
    And this makes a difference, how?

    .
    To you? no, no difference at all

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