Published on 02/18/2019
One reminder about Prayers for Judgement Continued (PJCs) is that it is always at the discretion of the court. Meaning that a person can ask for a PJC, but it is up to the judge of that particular court that day to determine whether they are going to allow a PJC in your case. That being said, there are other limitations to the use of a PJC and those come in several areas.
First and foremost, we have to understand that there are certain offenses that you cannot use a PJC on, and many of these are by statute - meaning that the laws of NC indicate that a PJC cannot be used in this particular circumstance. For example, speeds in excess of 25 mph over the limit. Those are the types of charges that are going to affect our potential clients, and people who receive citations in NC most often in terms of when a PJC cannot be used. You cannot - by statute - use a PJC on speeds in excess of 25 mph over the limit.
For the longest time in traffic law in North Carolina, there was a general rule of thumb in most counties that judges would not allow a PJC on speeds in excess of 20 mph over the limit. By law, they cannot be allowed on any speed in excess of 25 mph, but in many counties the judge may not even consider a PJC on a speed in excess of 20 mph over the limit.
In summary, it’s very important to speak with an attorney before you make any decision about how you want to handle your case and always, always consult with an attorney because your case may not be eligible for a PJC, even if by statute one could theoretically be sought.