What is an Improper Equipment?

Improper Equipment is a non-moving violation in North Carolina.  The primary example of an improper equipment violation would be a defective speedometer. It is sometimes in a drver's best interest to get an existing violation reduced to an improper equiopment violation. The North Carolina Legislature has made this outcome a lesser-included offense to speeding.  This means that it is in the discretion of the district attorney in each county to reduce speeding charges to improper equipment charges.

What are the requirements to get an improper equipment reduction?

Improper Equipment reductions are available only in those counties in which the head district attorney permits them.  There are a few counties that will not reduce any speeding ticket to an improper equipment charge.  Each county that permits Improper Equipment reductions has different criteria on which they base their decision. 

Our attorneys know the local rules regarding who is eligible to receive Improper Equipment (and other outcomes) in all the counties in which we practice.  If we are unfamiliar with the rules in the particulary county in which you have been given a traffic citation and you submit an inquiry, we will forward your submission to an attorney who practices in that county.

What if there is nothing wrong with my car?

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.

Would it be helfpful if I had my speedometer calibrated?

No.  Auto mechanics may charge as much as $100 for this service.  This is not requested, required, or recommended in order to obtain an improper equipment reduction.

How often can I get an Improper Equipment?

This is county specific.  Some counties have strict rules limiting a driver to one improper equipment over a certain period of time.  Other counties allow you to get an improper equipment multiple times. 

Will I get DMV Points if I receive an Improper Equpment?

The charge of improper equipment is a non-moving violation in North Carolina.  Therefore a conviction for improper equipment carries no Division of Motor Vehicle (DMV) points, and no insurance points for North Carolina drivers pursuant to the North Carolina Department of Insurance guidelines.

Will an Improper Equipment show up on my North Carolina driving record?

An improper equipment is not the same as a dismissal.  It is still a conviction and it will still show up on your driving record.  However, there are no DMV or insurance points associated with the conviction, so while it will show up on your driving record, it will not give you insurance points or driver's license points.

Will an Improper Equipment make my insurance rates go up?

In most circumstances an Improper Equipment result will not cause your insurance rates go up.  An improper equipment is a non-moving violation and carries no insurance points.  However, your insurance company does have the option of tranferring your policy into the North Carolina Reinsurance Facility.   If you are placed in the NC Reinsurance Faility program, your rates will likely increase.  While this is not the normal situation, it is a possibility.