Out of state speeding ticket - double jeopardy?

[maximNikenGT]

My coworker got tagged in Florida about two years ago doing 80 mph on a 65 mph highway. She ended up paying the Florida ticket and going to driving school. Thought it was case closed.

Just recently she got a letter from the North Carolina Division of Motor Vehicles indicating that her drivers license was being automatically suspended and that she had to mail in her drivers license or it would kick in additional penalties and fees. At first we thought it was an identity scam but after investigating further, learned it was legit. Apparently the Florida and NC systems operate on a data update lag which only recently passed the data pertaining to the Florida speeding violation. Because it was 80 mph in a 65 mph zone it was categorized as reckless driving and under NC law automatically considered reckless driving with automatic revocation of license. 

She now has to go through a lawyer and allow the penalty to expire (approximately 6 months) before she can get back her license on a restricted status basis so she can  drive again. Her only other option was to file an appeal with the NC courts and incur ~$1k USD in court and legal fees to contest and hopefully get her license back.  I know that Virginia had a similar reckless driving status at 80 mph, not sure if Virginia and NC share data in the same way that Florida and North Carolina do. 

I confirmed separately that North Carolina and Georgia have a similar data sharing agreement and it would not surpise me if South Carolina had a similar setup with NC. 

My question is this - isn't this considered to be double jeopardy? If you already paid the price in another state where the violation occurred and did driving school too, how does your home state have the right to penalize you again?

[1moreroad]

I'm not a lawyer so take any comments below only as my ideas, not as advice. 

Did the coworkers go to driving school to get the charge reduced or not reported or was the driving school part of the penalty for 80 in a 65?

I think if she went to school to get the charge reduced or waived then NC shouldn't process it as an 80 in a 65. 

For example I took driving school in MS so a speeding ticket wouldn't be reported on my record. Insurance companies and other states couldn't see that speeding ticket. 

Maybe FL never should have reported the ticket to NC.

[fddriver2]

Plenty of lawyer based ticket services out there. Take the case to one of them. I have ticket clinic on speed dial.... 

 

[texscottyd]

Texas has its flaws, but artificially low speed limits usually isn’t one of them: 

Pertaining to the issue your coworker is facing, a traffic ticket specialist lawyer that knows your area would be very valuable.   They deal with this stuff all day, everyday... 

[maximNikenGT]

31 minutes ago, texscottyd said:

Texas has its flaws, but artificially low speed limits usually isn’t one of them: 

Pertaining to the issue your coworker is facing, a traffic ticket specialist lawyer that knows your area would be very valuable.   They deal with this stuff all day, everyday... 

Wow I thought that was photoshopped until I saw this: 

So Texas really does have an 85mph speed limit. So any ticket above that would probable automatically revoke your license in your home state as automatic reckless driving???

How speedy is your state?

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Is your state a speed demon or a slowpoke for drivers? Cars.com Editors...

 

 

[texscottyd]

6 minutes ago, maximNikenGT said:

Wow I thought that was photoshopped until I saw this: 

So Texas really does have an 85mph speed limit 

Yep, it’s for real.   I recently followed a Texas DPS officer for about 20 minutes along that section of highway, with the speedometer on the FJ reading a bit over 90 mph the entire time.

It’s boring, wide open, sparsely populated highway, so I think it’s a perfectly reasonable speed limit.  I suspect you would have to be traveling over 95 before the police would take much notice... 

[SKYFLIX]

This is more common place than you realize.

It's all part of the NHTSA National Driver Registry and the "Problem Driver Pointer System" which contains information on individuals whose privilege to operate a motor vehicle has been revoked, suspended, canceled or denied or who have been convicted of serious traffic-related offenses.

[1moreroad]

1 hour ago, texscottyd said:

Texas has its flaws, but artificially low speed limits usually isn’t one of them: 

I was more surprised by the 75 mph two lane back roads.

[maximNikenGT]

15 minutes ago, SKYFLIX said:

This is more common place than you realize.

It's all part of the NHTSA National Driver Registry and the "Problem Driver Pointer System" which contains information on individuals whose privilege to operate a motor vehicle has been revoked, suspended, canceled or denied or who have been convicted of serious traffic-related offenses.

Oh that's why. So basically the system exists to catch the most egregious motoring offenders and prevent the most vehicularly challenged from being able to just exercise their revoked driving privileges in another state e.g. The logic being, If I caused vehicular manslaughter in one state then that should preclude me from being able to drive in another.

While I understand the logic, I think the trigger could be flawed in that one could plausibly have a speeding ticket in Texas, say 87 in an 85, which would not be considered reckless in Texas, but could be in my home state of North Carolina or Virginia where anything 80+ is automatic reckless. I'd be at the mercy of Texas DMV not to send that kind of violation back to my home state DMV where it could trigger an automatic license suspension. 

[SKYFLIX]

Precisely. It is the discretion of the state where the offense took place to determine if it should be forwarded on. I've gotten speeding tickets in TN (less than 15+) that I never saw on my driving record in SC.

[nhchris]

TN might be a special case.

I got a 55 in a 25 ticket at the west end of the Dragon.  TN required I take a AAA safe Drivers course and pony up $350 and they'd make it go away.   Which the did!!

Edited September 29, 2020 by nhchris

[1moreroad]

1 hour ago, nhchris said:

TN might be a special case.

I got a 55 in a 25 ticket at the west end of the Dragon.  TN required I take a AAA safe Drivers course and pony up $350 and they'd make it go away.   Which the did!!

So if the OP's coworker took driving school to "get out" of the ticket, it shouldn't have been reported back to their home state. 

[Michiel900GT]

For a non-US person this thread gives an interesting insight on US traffic laws. Never realised that there are so many differences between states.

[chitown]

IANAL but fwiw, double jeopardy doesn't apply when two separate sovereigns (two states, fed and state, etc) bring cases for the same offense. However,  there are other arguments that could be argued; I'd consult with an attorney. 

 

[maximNikenGT]

1 hour ago, chitown said:

IANAL but fwiw, double jeopardy doesn't apply when two separate sovereigns (two states, fed and state, etc) bring cases for the same offense. However,  there are other arguments that could be argued; I'd consult with an attorney. 

 

Not sure I follow. My understanding of the definition of double jeopardy is: "the prosecution of a person twice for the same offense".  To me, if I paid my out of state ticket along with going to driving school for that violation, then that should not result in me getting my license revoked in my home state (which to me  feels like double prosecution for a singular offense). Would you mind clarifying?