What Is Improper Equipment in North Carolina and Can It Help with a Speeding Ticket?

Improper Equipment is a non-moving violation in North Carolina that can sometimes be used to resolve a speeding ticket or other traffic charge. While getting pulled over is frustrating, a bigger problem may come later with DMV points, insurance hikes, and in some cases, the risk of license suspension.

In appropriate circumstances, resolving the ticket as “Improper Equipment” can be helpful. Known informally as “IE,” it isn’t available in every case, but when used properly, it can protect your record and help keep your insurance rates in check.

If you’ve been issued a traffic ticket in Mecklenburg County or Union County NC, the Powers Law Firm PA is available to answer your questions and possibly help.  Please TEXT or call 704-342-4357.

What Is Improper Equipment?

In North Carolina, improper equipment is a non-moving violation.

It is typically defined as a mechanical issue with the vehicle, such as a faulty speedometer, broken headlight, or malfunctioning exhaust system.

Unlike a speeding ticket, improper equipment generally does not involve unsafe driving behavior.

Because of this distinction, it carries no driver’s license points and does not trigger an insurance increase under the North Carolina SDIP – Safe Driver Incentive Plan.

While the statute itself refers to vehicle defects, in practice, improper equipment is frequently used as a negotiated resolution for certain speeding violations.

The thought is that the driver’s speed may have been the result of a mechanical error, such as a faulty or miscalibrated speedometer, rather than intentional or reckless driving.

A prosecutor (assistant district attorney) as part of plea negotiations and a plea bargain, may agree to allow a speeding charge to be reduced to improper equipment as a matter of discretion, often depending on the defendant’s prior driving history and the facts of the case.

How Does Improper Equipment Help?

Resolving a speeding ticket by way of an improper equipment plea can offer significant benefits, particularly for drivers trying to avoid license points or insurance hikes. Here’s what improper equipment does and doesn’t do:

1. Avoids DMV Points

Speeding convictions can result in 2 to 5 driver’s license points, depending on the speed and circumstances. Accumulating too many points over time or multiple convictions within a certain time period can lead to license suspension. An improper equipment disposition results in zero DMV points, keeping your record cleaner and minimizing the risk of a suspension down the line.

2. Prevents Insurance Increases

In North Carolina, insurance companies use a separate point system to calculate premium increases under the Safe Driver Incentive Plan. Just one speeding ticket can add two or more insurance points, potentially resulting in a 55% increase in your premium for three years. Improper equipment is not a moving violation, so it typically does not result in insurance points.

3. Helps Maintain a Clean Driving Record

Even if your license is not immediately at risk, many drivers prefer to avoid convictions that could appear on their NC driving record. Employers, insurance companies, and even courts can access these records, and having a non-moving violation on file is far less damaging than a speeding conviction.

4. Avoids Some Collateral Consequences

For commercial drivers or people who drive for work, a clean record can be critical. While improper equipment is still a citation, it ordinarily doesn’t carry the same consequences that may affect CDL status or employment background checks.

Do I Need a Faulty Speedometer to Qualify?

Not necessarily.

While the statute refers to equipment problems, you may not be required to prove that your speedometer was broken or that your car had a mechanical issue. The outcome of improper equipment is discretionary and negotiated between your lawyer and the prosecutor. In many instances, it does not require a formal inspection or expert testimony. That said, the prosecutor is not obligated to offer it, and it is not available in all cases.

When Is Improper Equipment Not an Option?

Improper equipment is not always available.

Prosecutors in different counties in North Carolina may follow different policies, and judges may have their own preferences. Generally, there are several factors that affect whether this outcome is on the table:

• Speed: If you were driving well above the speed limit, especially in a school or construction zone, prosecutors may be less willing to reduce the charge.

• Prior Record: A clean or limited driving history helps. If you have recent speeding tickets, reckless driving charges, or previous improper equipment resolutions, the prosecutor may decline to agree to a plea to IE.

• Accident Involvement: If the ticket involved a crash, even a minor one, improper equipment may not be offered. The presence of an accident can elevate the seriousness of the case, especially if someone was injured as a result of the accident.

• Local Policy: Some counties in North Carolina, including Mecklenburg, Union County NC, and surrounding districts, may require community service or driving school in exchange for improper equipment, especially for higher speeds or for people with a prior history of speeding tickets.

If you’ve already used a PJC – Prayer for Judgment Continued in the last three years, or if you’ve recently resolved another ticket by improper equipment, your options may also be limited.

What’s the Process for Getting Improper Equipment?

The process generally begins when your traffic attorney reviews your case and your driving history.

Your lawyer will evaluate whether improper equipment is a realistic resolution based on local practices, your driving record, and the specifics of your citation.

If appropriate, your attorney will negotiate with the prosecutor to request a reduction of the charge.

If the prosecutor agrees, you will typically enter a plea to improper equipment in court.

You may still be responsible for court costs, fees, and a fine, but the outcome often avoids license points and insurance increases.

In some cases in Union County and Mecklenburg County NC, your attorney can appear on your behalf, especially if the citation does not require a mandatory court appearance.

Is Improper Equipment the Same as a Dismissal?

No. Improper equipment is a conviction for a non-moving violation.

It’s not a dismissal, and it will still appear on your DMV record, and there will be no points assigned to the entry of judgment.

As such, the practical effect is very similar to a dismissal when it comes to protecting your insurance rates and avoiding points.

Should I Just Ask for an “IE” Myself?

You can try, but traffic court is not always that simple.

Judges and prosecutors are not allowed to give you legal advice, and you may not know what local policies or records may affect your outcome.

More importantly, once you plead guilty to a charge (or “responsible” to a traffic infraction), you often cannot undo it later.

A lawyer can assess what kind of plea, if any, is appropriate and negotiate with the prosecutor.

In some cases, your charge may qualify for dismissal or another type of reduction that offers even more protection.

Hiring a lawyer can also save you time, navigating parking, courthouse security, and waiting for your case to be called isn’t always the best use of your day.

Does an IE – Improper Equipment Plea Make Sense in North Carolina?

Improper equipment is not a loophole. It’s a lawful and widely used method that can help resolve certain speeding charges in a way that protects your record and your insurance rates. It’s not guaranteed and not always available. But when it is an option, an Improper Equipment can be the difference between a minor inconvenience and a costly long-term problem.

If you’ve been cited for speeding in Mecklenburg County or the Matthews area or in Waxhaw or Monroe in Union County NC, we’d like to help. The decision you make now can affect your insurance, your license, and your ability to keep a clean driving history. Powers Law Firm PA is available for consultation and would be honored to explain whether improper equipment is an option in your case and what steps to take next.

TEXT or call 704-342-4357 now for a free consultation.