CDL Holders Don’t Benefit from PJCs

by | Aug 18, 2014 | Uncategorized | 0 comments

If you have a Commercial Drivers License, you need to be aware of North Carolina General Statute 20-4.01 (a4)(a)(5).  This law states that, definitionally, a Prayer for Judgment Continued counts as a conviction for a person with a CDL, or for a person who is driving a commercial vehicle.  While the PJC can be used as a valuable tool for most drivers, a person with a CDL or who committed an offense in a commercial vehicle gets no benefit from getting a PJC.

Let’s examine a situation in which this could make a big difference.  Say that you were caught speeding, going 78 miles per hour in a zone that is marked as 65.  When you go to court to negotiate with the Assistant District Attorney, you are presented with a couple of options- ask the judge for a PJC, or plead guilty to 9 over.  You think over your options, and decide to ask for a Prayer for Judgment Continued.  After all, pleading to 9 over would only reduce your speed by 4 miles per hour.  The judge grants your request for a PJC, and you think that you have gotten the best deal.  Unfortunately, you soon get a letter from the North Carolina Division of Motor Vehicles providing notice that your license has been revoked.  Outraged, you try to find out what happened.  Only after the fact do you realize in that in North Carolina, speeding in excess of 75 miles per hour when the speed limit is less than 70 miles per hour is grounds for immediate revocation of your license.  If you had plead to 9 over, you would be able to keep your license, and you would have only gotten a fine and points.  Instead, you have lost your license.  If your job depended on you keeping your CDL, you have not only lost your license, but also your job.

As you can see, there are many aspects to consider when you have a Commercial Drivers License.  A traffic ticket attorney can work for you to help you protect your CDL.