What Is an Improper Equipment Plea in NC?
Under G.S. 20-123.2, improper equipment is a non-moving violation in North Carolina. As a non-moving violation, it carries zero DMV license points and zero SDIP (Safe Driver Incentive Plan) insurance points. Zero SDIP points means your insurance carrier cannot use the conviction to justify a premium surcharge - your rate does not increase. For most drivers, an improper equipment outcome is the single best result achievable on a traffic citation short of a dismissal. For an overview of all charges Clark Law handles, visit our practice areas page.
An improper equipment plea is a negotiated outcome - it is not a charge that officers issue at the roadside. It requires the prosecutor to agree to amend the original charge down to G.S. 20-123.2. Prosecutors offer this reduction when the facts, the driver's record, and the strength of the underlying case support it. Getting there takes preparation and courtroom presence.
It is important to distinguish an improper equipment plea from a Prayer for Judgment Continued (PJC). A PJC also avoids DMV and SDIP points but has different eligibility rules and usage limits. An improper equipment plea is a conviction on the non-moving charge, while a PJC defers judgment entirely. Clark Law evaluates which tool is most advantageous for each client's specific situation.
How Clark Law Pursues an Improper Equipment Reduction
Not every case qualifies for an improper equipment reduction, and not every attorney knows how to ask for one effectively. Christopher Clark is a former prosecutor with the Miami-Dade State Attorney's Office - he spent years on the other side of these negotiations. He understands what District Attorneys look for when evaluating a plea request and how to present mitigation that moves the needle.
The primary factors prosecutors weigh are: a clean or near-clean driving record, a moderate rather than extreme speed (for speeding cases), the nature of the original charge, and whether the defendant is cooperative and has retained counsel. Clark Law prepares each case file before court with the client's driving record and any available mitigation, then appears in Mecklenburg, Union, and Cabarrus county courts to make the argument directly.
Clark Law pursues an improper equipment outcome on every eligible case. If IE is not available, Clark Law evaluates PJC eligibility and other available reductions. The goal in every case is to eliminate or minimize points and protect the client's insurance rate.
Note: An improper equipment plea is not available for every driver or every charge. Specifically, it is not available for DWI charges, commercial vehicle drivers operating on duty (see CDL ticket defense), or out-of-state license holders. Certain serious charges may also not be eligible for an IE reduction.
Improper Equipment Plea Key Facts
| Item | Detail |
|---|---|
| Statute | G.S. 20-123.2 |
| Violation type | Non-moving violation |
| DMV license points | Zero |
| SDIP insurance points | Zero |
| Insurance premium impact | None |
| Available for DWI | No |
| Available for CDL drivers on duty | No |
| Available for out-of-state license holders | No |
Attorney Fee
There is no separate fee for an improper equipment outcome. Clark Law's fee is based on the underlying charge - a speeding ticket, reckless driving charge, or other moving violation - not on the resolution. When Clark Law secures an improper equipment reduction, that result is included within the flat fee quoted for your case.
View full pricing for the underlying charges Clark Law defends.
Serving These Counties
Clark Law pursues improper equipment reductions in Mecklenburg County, Union County, and Cabarrus County.
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