Speeding over 90 mph in Asheville or Surrounding Areas
I get a number of calls regarding severe speeding tickets, the worst one I've ever seen was 130mph in a 45 zone. Many people call me, and they are quite terrified that they have received a speeding ticket at 15mph over. So I always reassure them it's going to be OK, unless it is your 3rd or 4th one in the last year, 15mph over is not a severe ticket.
On the other hand, if you are charged with speeding at or above 90mph, you generally have significant legal problems with the court and the DMV. First of all, no negotiations exist in most Western North Carolina counties for tickets at this speed. I have negotiated reduced speeding rates in various counties in Western North Carolina for a 90mph+ ticket, but that is not the norm. The reality is, you're probably going to be facing a guilty plea to a Class 3 misdemeanor and be subject to DMV discretion to revoke your drivers license for 1 year. You can also expect an insurance renewal at a rate roughly double your previous rate. I've shocked a number of clients with this reality. There are limited situations where challenging speeding tickets at trial makes sense. These are rarely won, and require unique evidentiary conditions, or other rare circumstances to succeed.
Here are some common examples of situations that won't help at all:
I was going down a steep incline. (Still your fault)
I'm an ex-Highway Patrol Officer. (Yes I've had this, and it may just make things worse)
I had to speed up to get away from a tail-gater. (Still your fault)
The officer didn't clock me, it was other cars passing me. I know I wasn't going that fast.
(This one is like trying to convince the teacher that the teacher's pet was lying when they tattled on you)
I had explosive diarrhea (I'm not making this up, and it failed in District Court as an emergency necessity for speeding)
My speedometer wasn't working. (You were still speeding, although proof of this may lead to some mercy)
Here is an example of a more rare situation that may warrant a challenge:
The officer lost sight of the speeding car they claimed to be me, and they never got a tag, a facial ID, or any other unique identifiers other than my generic car and it's color. They then pulled me over later at some other location and charged me with speeding. (This happens, and we should talk about a trial for this one)
On speeding tickets at this speed, there will be no improper equipment or prayer for judgement. Also, jail is not unheard of on tickets at this level! Whether or not a negotiation may exist depends on many factors, mainly hinging on which county the ticket is charged in. In some counties, Assistant DA's have more latitude to deal on these tickets. On the bright side, there does exist a driving privilege for excessive speeding. It is issued similar to a DWI driving privilege, in that the judge grants it at your sentencing hearing. These privileges generally allow you to drive for work, school, and household maintenance as needed within certain geographic and time constraints.
I have assisted a number of clients with speeding charges at or above 90mph, and even above 100mph! I have also assisted with securing the limited driving privilege for excessive speeding and I've even been able to negotiate some tickets at 90mph + to a reduced 15mph over infraction. Again, whether or not this can be done for your case depends on a number of factors, primarily the jurisdiction where you were charged in Western North Carolina. Also, in most cases, I can probably arrange to appear on your behalf if your aren't local, via an appearance waiver. Call today to see how my local knowledge and experience can help you.