Do I Need a Lawyer for a Speeding Ticket if I Was Going 15mph Over the Limit?
In this video, criminal defense attorney Patrick Apple explains what a high-speed traffic ticket is in North Carolina. He talks about the consequences you may be facing and what you can do to minimize them.
Unfortunately, many drivers don’t realize that a high-speed ticket, over 15 mph over the limit or going 80mph or more, is actually considered a misdemeanor in North Carolina.
So, we hope this video helps to explain your options in the event that you find yourself in this situation. As always, every case is different. We urge you to speak with an experienced traffic defense attorney to know your next steps.
Video Transcript
I’m Patrick Apple, a criminal defense attorney here with Dummit Fradin in our Greensboro office.
A high-speed traffic ticket in North Carolina is a charge of 80 miles per hour or more or more than 15 miles per hour over the speed limit.
What consequences are you facing if you’re charged with a high-speed ticket in North Carolina? You face the loss of your license. You face an exponential increase in your insurance premiums over the next 3 years. You also face a criminal record, because a high-speed ticket is a class three misdemeanor, and if you’re convicted then you have a misdemeanor on your record that wouldn’t otherwise be there just for a speeding ticket.
Typically, if the charge is high enough district attorneys will not offer a reduction. So, something must be worked out in front of a judge or the case must go to trial. Some district attorneys will offer a plea deal to a lesser included offense like a 14 over or a 9 over, but you have to know where and when to do those. Not every county has that policy.
You could move for something like what’s called a prayer for judgment continued, however, if your speed was 26 miles per hour or more over the limit you would not qualify, and even if a judge granted that, the DMV’s gonna kick that back and your license is going to be suspended.
Typically, when high-speed cases are charged, they’re charged with a careless and reckless charge as well. So, you have two charges actually. A careless and reckless charge is a class two misdemeanor and the high speed is going to be a class three.
Now it’s typically based on the same set of facts. It’s going to be the speeding, not weaving in and out of traffic. If it’s both the same underlying set of facts,
you cannot be convicted of both charges. They have to arrest judgment on one, and then you could ask for PJC on the other. Not every judge will do that, and you will have to do something to get a judge to even consider doing that.
In the rare event that we cannot get a judge to offer some sort of consideration and protect your license, what we can do is ask the judge to consider granting a limited driving privilege. A limited driving privilege doesn’t work for everyone. You have to be qualified for it.
We have experience qualifying all different individuals for it. You have to be at least 19 years old, you have to have a full license it cannot be a provisional license, and you have to have a clean driving record. That limited privilege is going to be for a limited scope, for limited purposes; and is not going to last forever, but it will keep you on the road and allow you to go to work.
Each high-speed case is different. It depends on your driving record, the county you were charged in, what speed you were charged with, what other charges are charged in addition to the high-speed case. It’s very important that you speak to an attorney to handle that because the facts matter and your driving record matters and the outcome will differ based on what you’re charged with.
Contact a Speeding Ticket Lawyer in North Carolina Today
Dummit Fradin has helped thousands of North Carolina drivers protect their driving records. Contact us today to know if we can help you with your speeding ticket.
We currently help drivers with citations in Forsyth County, Guilford County, Randolph County, Stokes County, Yadkin County, Davie County, Surry County, Davidson County, and Alamance County.