What is a Prayer for Judgement in NC?
Prayer for Judgement Continued (PJC) is a unique legal provision in North Carolina that allows a judge to withhold judgment on a case, meaning no conviction or penalty is imposed. It is commonly used for traffic violations, minor criminal offenses, and misdemeanors.
This legal tool helps individuals avoid license points, fines, and insurance increases. However, it comes with specific eligibility requirements and limitations, making it crucial to understand when and how to use it properly.
How Does a Prayer for Judgement Work in NC?
When a judge grants a Prayer for Judgement Continued (PJC):
- No conviction is entered on the defendant’s record.
- Fines may be waived, but court costs may still apply.
- No driver’s license points are assigned in most cases.
- Insurance rates may not increase (depending on circumstances).
However, a PJC is not an automatic dismissal. The case remains on record, but it does not count as a conviction.
When Can You Use a Prayer for Judgement in NC?
Common Situations Where PJC is Used:
- Traffic Violations – Speeding, stop sign violations, or other minor infractions.
- Misdemeanors – Minor criminal offenses, such as shoplifting or trespassing.
- Driving Offenses – Driving with an expired registration or other non-serious violations.
Situations Where PJC May Not Be Allowed:
- Serious traffic offenses (DUI/DWI, reckless driving).
- Commercial driver’s license (CDL) holders cannot use PJC for driving offenses.
- Repeat offenses (some cases limit how often a PJC can be granted).
Eligibility Requirements for a Prayer for Judgement NC
Not everyone qualifies for a PJC. The court typically considers:
- Your driving history (limited use of PJC for prior offenses).
- The severity of the offense (minor infractions vs. major violations).
- The number of PJCs previously granted (limits exist per household for insurance purposes).
💡 Important Note: Insurance companies only recognize one PJC per household every three years, meaning if a family member has used it recently, it may not prevent an insurance rate increase.
Benefits of Using a Prayer for Judgement in NC
✔ Avoids License Points – Prevents the accumulation of points that could lead to a suspension.
✔ Protects Insurance Rates – May prevent premium increases.
✔ No Conviction on Record – Useful for employment background checks.
✔ Reduces Court Penalties – In some cases, fines may be reduced or waived.
Limitations and Risks of a Prayer for Judgement
❌ Not Always Granted – Judges have discretion to approve or deny a PJC.
❌ Insurance Restrictions – Only one PJC per household every three years applies to insurance benefits.
❌ Still on Record – Although it’s not a conviction, it may be visible in court records.
❌ Can’t Be Used for Serious Offenses – Does not apply to felonies or severe traffic violations.
How Many Times Can You Use a Prayer for Judgement in NC?
The use of a Prayer for Judgement is limited by:
- Insurance Rules – Only one PJC per household every three years to prevent insurance rate increases.
- Driving Record Rules – The North Carolina DMV typically allows two PJCs every five years for traffic violations.
Using more than the allowed number may result in penalties being reinstated, so it’s crucial to track how many times it has been used.
How to Request a Prayer for Judgement in NC
- Consult Our Attorneys – Our lawyers can help determine if PJC is the best option for you.
- Appear in Court – You must request a PJC before the judge.
- Explain Your Situation – Provide reasons why you need a PJC (clean record, need for employment, etc.).
- Wait for the Judge’s Decision – The judge has the final say in granting or denying a PJC.
Does a Prayer for Judgement Affect Your Driving Record?
- DMV Rules: While a PJC prevents points from being added to your license, the violation still appears on your driving history.
- Insurance Impact: If used correctly, a PJC can prevent insurance rate hikes, but misusing it may result in penalties.
Can a Prayer for Judgement Be Expunged in NC?
Since a PJC is not a conviction, it generally cannot be expunged, but it may not negatively impact your record as a traditional conviction would.
Frequently Asked Questions (FAQs)
What offenses qualify for a Prayer for Judgement in NC?
Most minor traffic violations and misdemeanors qualify, but serious offenses like DUI, reckless driving, and felonies do not.
Can I use a Prayer for Judgement more than once?
Yes, but it is limited: two PJCs every five years for driving offenses, and one per household every three years for insurance benefits.
Does a PJC clear my record completely?
No, the charge remains on file, but no conviction or penalties are assigned.
Do I need a lawyer to request a Prayer for Judgement?
While it’s not required, hiring an attorney increases the chances of success.
Will my insurance company recognize a PJC?
Most insurance companies in NC recognize one PJC per household every three years to prevent premium increases.
Can a commercial driver use a Prayer for Judgement?
No, CDL holders are not eligible to use PJC for traffic offenses.
Conclusion
A Prayer for Judgement in NC can be a valuable tool for avoiding penalties related to traffic violations and minor offenses. However, it comes with limitations and should be used strategically. If you’re considering using a PJC, consulting our experienced North Carolina traffic attorneys can help ensure the best possible outcome.
Need legal advice? Contact us to be your local traffic attorney in NC for guidance on your case.
