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NC Tickets and the Prayer for Judgment Continued

Written by jeffreyhoward on . Posted in North Carolina Law Blog.

The Prayer for Judgment Continued. The ole PJC. Anecdotally, I believe this might be the legal issue that is most misunderstood by non-lawyers and lawyers alike in North Carolina. Let’s talk briefly about what it is, why you might use it, and when you definitely shouldn’t plan on using.

WHAT IT IS

You know what PJC stands for already (see above), so let’s just analyze those words: A “prayer” in this context is just another word for “request.” “Judgment” in this context is the official entering of the court’s decision as to your culpability. “Continued” refers to a postponement in a legal proceeding. So perhaps you can gather what the PJC is: It’s a request to the court to postpone its judgment against you. More precisely, it’s a request that the court indefinitely postpone the entering of their guilty verdict. Under NC rules, this means that despite your guilty plea/verdict you’re asking the court to not officially enter the judgment against you. In most circumstances when a PJC is used on a North Carolina speeding ticket, it’s an indefinite one, meaning that they won’t ever enter that finding of guilt. However, there are some circumstances where the PJC is used in a definite time period, but that’s not important for this discussion. The effect of this indefinite lack of entry of the judgment is that this can’t be held as a conviction, so it essentially obliviates the potential consequences of an actual conviction (at least in theory). Pretty cool, huh?

WHY YOU MIGHT USE IT

You might use a PJC when a qualified attorney tells you to do so. That’s the best time. But if you want a deeper analysis of that, read on…

You might use a PJC when there’s simply no better deal. For most NC traffic tickets that I handle (not all, but most…) the PJC is generally the THIRD BEST OUTCOME (and is sometimes the FOURTH). A dismissal is always best (though not always attainable). A reduction to Improper Equipment is better. A reduction to 9 over the speed limit is better IF you have a clean record in the past three years.

Part of the problem of the PJC is that it’s often seen as a universal panacea for everything anywhere all the time. It’s just not. Sometimes you can’t use it (it’s statutorily disallowed) and sometimes it’s not going to help you anyway (a PJC has already been used by you or a member of your household). Back to the point, it’s not something that can or should be applied to every ticket in every situation and you should get the advice of a qualified attorney before you attempt to use it.

WHEN SHOULD YOU NOT PLAN ON USING A PJC

You only get 1 PJC PER HOUSEHOLD (any family member that lives with you) within a three year period for insurance purposes. You only get 1 PJC per person within a 5 year period for DMV purposes. Yes, insurance points and DMV points are separate, do different things, and are accounted by different entities. Yes, it would be way easier if all of this was consistent and we didn’t have 2 stupid systems. Welcome to the Anglo-Norman legal system. So if there’s been any PJC use by you or anyone in your household in recent memory, don’t count on this to save your bacon.

If you’re thinking about using it for a ticket that’s more than 25 mph over the limit, Passing a Stopped School Bus, or a DWI, that’s not going to fly because the law doesn’t allow judges to grant that in those circumstances.

If you’ve got a CDL, PJCs are seen as convictions anyway, so they may affect you and your work relationship adversely.

I’ve heard rumors that a PJC isn’t seen as a resolution of a legal matter by military organizations, so if you’re trying to enlist, talk to your recruiter about it. I don’t know about this personally.

If you’re from outside of NC, I can’t say how a PJC will be viewed by another state. Will they see it as a non-conviction as NC does? Or will they see it as a guilty plea with some perfume on it? I don’t know. But for that reason, PJCs are probably unwise in an out of state ticket context.

Talk to an attorney if you have a ticket and are thinking about a PJC. No offense, but your ideas are probably wrong and you might end up doing yourself more harm than good, so get some help. Call me at 919-929-2992.