Most every district attorney’s office across the State of North Carolina will have their own policy regarding “high speed” violations. In the counties of northwest North Carolina, where we focus our practice, every DA’s office takes a different approach to high speed cases.
It’s important to go with an attorney who regularly practices and appears in a certain area, so that they will know the policies of the local DA’s office.
Here are the general policies in the counties where we go on a regular basis:
Wilkes, Yadkin, Ashe and Alleghany Counties
These areas are in the same judicial district and have the same DA’s office — located in Wilkesboro. Each of these counties consider speeding 100 mph and above to be high speed matters that must be addressed directly with the elected district attorney.
The elected district attorney in this district is currently Tom Horner.
Generally, if you have a good record, the DA will offer you a reduction. It is common in this district to have to take a safe driving class (usually 8 hours) and do some community service work in exchange for leniency.
Speeding tickets under 100 mph are handled by the various assistant district attorneys. Generally, this district is generous about offering reductions when your speed is below 90 mph, or not more than 25 mph over the posted speed. Often, they are willing to give you a better reduction if you take a safe driving class.
However, the DA’s in this district are stricter about violations over 90 mph and speeds that seem excessive – such as more than 25 mph over the speed limit, or approaching or exceeding double the speed limit.
We have an office in North Wilkesboro, and attorney McElwee has practiced in this district since he was licensed in 2000. During that time, we have handled thousands of tickets in this area and have lots of familiarity and good rapport with the DA’s office.
Forsyth County
Forsyth is in its own judicial district, and has courthouses in Winston-Salem and Kernersville. Most traffic cases are scheduled for court in Winston-Salem.
In this district, any speeding violations 90 mph or above, or violations exceeding 30 mph over the speed limit, are considered “high speed” cases. In these matters, a special reduction request must be submitted for consideration by a specially assigned assistant district attorney.
The circumstances of your violation and your driving history are going to be the primary considerations in determining whether or not the assistant district attorney offers a reduction.
Generally, in this district an offer from the DA is going to require you to take a safe driving class and then either pay a fine or perform community work. Often the amount of the fine or number of community work hours are tied to the violation. For instance, if you are charged with speeding 30 mph over the speed limit, then the DA may require you to do 30 hours of community work or pay a $300 fine to get your reduction.
In this district there are several factors that will affect the DA’s willingness to work with you. Your record is the most important factor. If you have prior high speed convictions, this office is less likely to give you a deal. The same goes if your license was revoked or suspended at the time of your violation. They are also very strict about cases where the charged speed is double the speed limit.
Under any circumstances, if you are charged with a “high speed” violation in Forsyth County, you definitely need the assistance of an attorney who has familiarity with this court’s policies and processes.
The risk of losing your license will be high.
We are in this court here weekly, and have handled numerous high speed matters over the years.
Davidson and Davie Counties
These areas are in the same judicial district, with their DA’s office located in Lexington. The elected district attorney is Garry Frank.
In this district, tickets with speeds above 92 mph have to be taken up with the elected district attorney. Typically some sort of reduction offer will be made, so long as you have a reasonable driving history.
In this district, the DA tends to impose higher fines in exchange for leniency. The higher your speed, the higher the fine will be. In the same vein, the DA’s offer tends to be less favorable as the charged speed increases. You can also expect to have to take a safe driving class as a condition of having your ticket reduced. Sometimes, if you are willing to perform community work, this office will give you a partial break on the fine.
As with any county we cover, you definitely need the aid of an attorney if you are charged with a high speed violation in Davie or Davidson County. While they are generally willing to work with you in this district, the offers can be pretty strict when your speed is higher.
You have to be careful not to agree to an outcome that will trigger a suspension letter from the NCDMV. An experienced attorney can help you navigate a result that will allow you to keep driving.
Surry and Stokes Counties
Surry and Stokes are in the northern part of the State and bordering Virginia, and are in the same district (with the same DA). Interstate 77 runs through Surry County, and many drivers coming south out of Virginia get nailed with higher speed violations as they pass over into North Carolina.
Most of these higher speed violations include reckless driving charges, which makes it all the more important to hire counsel for your court date.
In this district, the DA will draw a line on “high speeds” at which they will only offer to dismiss the speeding and allow you to plead to reckless driving. Generally, speeds of 95 mph or more will put you in this category, although a good driving history may buy you some additional leniency.
Because this DA’s office is more likely to only offer “reckless” as a reduction for high speed cases, it is important to understand the nuances of reckless driving (of which there are different levels in North Carolina).
Also, because so many out-of-state drivers are ticketed, particularly in Surry County, it’s important to understand how the result of your case in North Carolina will be interpreted by your home state.
Different states have different policies about out-out-state tickets and points, and you’ll want to understand what your home state is likely to do before you enter a plea in this district.
Watauga and Avery Counties
These two counties are in the same judicial district along with Mitchell, Yancey and Madison Counties further to the west. We cover Watauga and Avery Counties on a regular basis and can help in the other three counties upon request.
The DA’s office in this district is good to work with on speeding tickets that are within 25 mph of the posted speed limit. They consider anything above 25 mph over to be “high speed” and raise their standards accordingly. A good driving history and cooperation with the officer who stopped you always helps, but in this district if you are speeding at a high rate, they’ll probably offer a reduction that negatively impacts your insurance.
In some circumstances, if your record is good, you might be able to use a Prayer for Judgment to avoid the insurance hit.
As with the other counties we cover, if you are charged with a high speed violation (more than 25 over the speed limit) in this district, you’ll need to hire counsel to help you negotiate a resolution that keeps your license in good standing and avoids the insurance ramifications.
Iredell County
Iredell county in the same judicial district with Alexander County, where we can also go upon request. Iredell County sits at the intersection of two major Interstate Highways (I-40 and I-77), and as such has a higher volume of speeding and high speed cases per capita than most counties across North Carolina.
The stretch of I-77 through the Mooresville and Troutman area, heading toward Charlotte, is notoriously congested and dangerous. As such, the Highway Patrol and DA’s office in Iredell County generally take a more conservative approach toward speeding.
If you are ticketed for speeding in Iredell County, you can usually expect the officer to give you an extra charge of reckless driving. Also, if your speed is at 90 mph or above, you can expect the DA to press the reckless charge in plea negotiations.
Because you are more likely to get an offer of “plea to reckless” in Iredell, it’s important to understand the ramifications of reckless and how it will affect your license and insurance. It’s also important to understand how a “Prayer of Judgment” might help you, if applicable.
Will McElwee has been a traffic attorney for over 25 years, and has established a solid track record helping folks from Boone and Wilkesboro to Winston Salem address traffic tickets. His family has a long and fruitful history in the area: the McElwee Law Firm began in 1932. Will’s grandfather, William H. McElwee, Jr., was a former president of the North Carolina Bar and sat on North Carolina’s Board of Law Examiners for many years.
As a “Double Deac,” Will attended Wake Forest University for both undergraduate and law school. He is a certified Superior Court and Family Financial Mediator and is also certified in the field of collaborative law.
