Information from Hensley Law Firm about speeding in North Carolina, including the law, potential consequences, and legal issues.
Western North Carolina has many different highways, each with differing speed zones along the stretch of the highways. Speed limits are heavily enforced. The law expects that everyone be aware of the speed limit on the road. Some areas even have minimum speed limits posted and motorists should be aware that driving below those posted minimums is both dangerous and likely to be ticketed.
Many speeding citations are infractions, that is, you do not face jail time for the offense. These infractions can be paid off by a fine, however, nearly all speeding citations carry license points and insurance points for North Carolina drivers. The amount of the fines and costs vary across counties, but the license points and insurance points are standard across the state. Accumulation of drivers license points can cause the DMV to suspend or revoke your license, and insurance points cause your insurance rates to increase anywhere from 30% to 340%.
Conviction of some speeding offenses will cause the DMV to suspend your license automatically, including:
- Driving any vehicle more than 25 miles per hour over the speed limit
- A second charge of speeding over 55 mph and more than 15 mph above the speed limit within one year
- A conviction for speeding plus reckless driving on the same occasion
- Two convictions of speeding over 55 mph within a period of 12 months
- One conviction of speeding over 55 mph and one conviction of reckless driving within a year
- A conviction of willful racing with another motor vehicle, whether it is prearranged or unplanned
- A conviction for speeding over 75 mph, in certain cases
There aren't typically a lot of legal issues involved with speeding tickets. Jurisdictional issues may arise if an officer tries to issue a citation in an area outside of his defined territory. Sometimes a speed zone isn't clearly marked.
Why Hire an Attorney?
Each county in Western North Carolina handles speeding tickets differently and you should speak with an experienced attorney to determine what the best course of action is in your case. Some prosecutors will offer a non-moving violation in exchange for a higher fine, saving you license and insurance points. Many prosecutors will reduce the charge to a lower speed, and a knowledgeable attorney can advise you as to how this will affect your license, if at all. Many people think that asking for a PJC (Prayer for Judgment Continued) is the best option for handling a speeding ticket, but that is often not the case for a litany of reasons. In fact, there are many instances where the PJC may have no effect at all. Speeding tickets have many intricacies and speaking with an attorney will help ensure you make the best decision for your situation.
Have questions about NC speeding laws or a speeding ticket? I am always happy to give free consultations and speak with you about your situation to assess your options.
Hensley Law Firm provides criminal defense representation in:
Mars Hill, Marshall, Hot Springs, and surrounding areas (Madison County)
Asheville, Weaverville, Leicester, Black Mountain, Swannanoa, and surrounding areas (Buncombe County)
Burnsville and surrounding areas (Yancey County)