So you received a speeding ticket in Asheville, North Carolina (Buncombe County) and trying to figure out what to do on your case. In North Carolina there are many different potential outcomes on a speeding ticket. These outcomes are very different depending on the county in which you are charged. Here are a couple of different ways to handle a speeding ticket in Asheville (Buncombe County). It is always best to contact an attorney regarding your speeding charge so that the individual facts of your particular case can be considered in determining the best possible way to handle your case.
Request Your Speeding Ticket in Asheville to be Reduced
If you have no traffic convictions on your driving record in the three years prior to your speeding ticket in Asheville, the best option might be to request the district attorney reduce your ticket to 9 mph over the speeding limit (ex. if you are charged with speeding 55 mph in a 35 mph zone, the reduction would be to 44 mph in a 35 mph zone). An assistant DA is not required to reduce your speeding ticket but will often do so (particularly since you have had no recent offenses on your driving record). If you are insured in North Carolina, the result of this reduction (as long as the speeding ticket did not occur in a work or school zone) is that you will not have points added to your auto insurance, which means that your insurance rates would not increase as a result of the speeding ticket.
Request a Prayer for Judgment Continued (PJC) on Your Speeding Ticket in Asheville
As long as no one on your insurance policy has requested a prayer for judgment on any ticket in the three years prior to handling your current ticket, the effect of receiving a PJC on your speeding ticket is that you will not have points added to either your driver’s license or auto insurance (i.e. no increase in rates). There are exceptions to this, for instance a PJC will not be recognized by the NC DMV for some speeding charges (ex. where the speed is 25 mph or above the speed limit – in such a situation the charge would have to be reduced prior to requesting the PJC). Also, a judge is not be able to continue judgment (i.e. grant a PJC) on some charges. A PJC will typically keep points off of auto-insurance, but again it may only be used once every three years by any member under the auto insurance policy.
Improper Equipment (IE)
A DA in Buncombe County will not reduce your speeding ticket in Asheville to improper equipment, even if you are willing to do driving school. Receiving a reduction to improper equipment may be an option in other counties.
Receiving a Voluntary Dismissal on Your Speeding Ticket in Asheville
A DA does have the authority to dismiss a speeding ticket in Asheville. It is often difficult to predict when a voluntary dismissal of a speeding ticket will be taken by the District Attorney. If you have a poor driving record or have an extremely high speed on your ticket (ex. 88 mph in a 45 mph zone), dismissal of your speeding ticket would be unlikely.
Speeding in Excess of 90 mph in Asheville
Speeding in excess of 90 mph is a major concern for licensing and insurance purposes. The Buncombe County DA’s office will not dismiss (or typically even reduce) a ticket in excess of 90 mph. Pleading guilty to such a speed could result in a revocation of your driver’s license, so contact us now if you are facing such a ticket.
James Minick is founder and C.E.O. of Minick Law, P.C. James is committed to providing top notch legal services through his team of highly specialized legal professionals. James will defend your rights.