What are the requirements for an improper equipment reduction in North Carolina?

In North Carolina, an individual can be charged with an improper equipment if their vehicle has equipment problems.  For example things like dangerous tires, broken speedometers, broken tail lights or similar deficiencies are situations that could give rise to being charged with an Improper Equipment by the ticketing law enforcement officer.  However, these charges are rare and are not frequently handled by attorneys because a charge of improper equipment is a non-moving violation and does not carry insurance points nor Department of Motor Vehicle (DMV) points.  Typically fixing the equipment issue will result in dismissal of the charges.

More typically an Improper Equipment is an outcome that obtained through a plea bargain with the District Attorney or Assistant District Attorney in the North Carolina County in which you receive a speeding ticket or traffic violation.  Speeding tickets, traffic violations, Reckless Driving, Driving While Impaired, Driving While License revoked, No Operators License and charges of this nature are "Moving Violations" under North Carolina law and each carries both DMV and insurance points.

An Improper Equipment is a "non-moving" violation that carries neither DMV nor Insurance points.  Improper Equipment reductions are available only in those counties in which the elected District Attorney permits a plea to be reduced to this non moving violation.  There are a some 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 and the policies in those counties are the determined by the District Attorney.  North Carolina law does, however, provide some limitations on obtaining Improper Equipment reductions. 

Local attorneys are familiar with the rules regarding who is eligible or not eligible to receive Improper Equipment (and other outcomes) in the Counties in which they practice.  By submitting an inquiry through this webpage, an email will be submitted to a local North Carolina attorney who can answer your specific question regarding improper equipment or other legal outcomes that are available in the county in which you have been charged.