What if there wasn’t anything wrong with my car?

As indicated in a prior page, it is possible to be charged with a non-moving traffic offense of Improper Equipment if there is actually something wrong with your vehicle.  In most instances, fixing the underlying deficiency with your vehicle will result in the citation being dismissed.  This is, of course, at the discretion of the district attorney.  

Entering into a plea negotiation in court that results in an improper equipment does not mean that there was something wrong with your vehicle.  In the past, there were some counties that refused to give improper equipment outcomes because they believed that without a showing that the vehicle had equipment problems, it was improper to offer such an outcome as a plea negotiation.  However, in recent years th North Carolina legislature specifically addressed the issue of improper equipment plea negotiations by making it a lesser included offense for most speeding violations.  Moreover, the State has (as of August 2011) created an additional surcharge or fine payable to the State rather than the County for improper equipment outcomes.  This is in addition to the normal fine that funds certain county government.

Accordingly, there doesn’t need to be anything wrong with your vehicle to receive an improper equipment reduction.  In counties that permit improper equipment reductions, the reduction does not require any evidence that equipment on your vehicle was operating improperly.