When you find yourself pulled over by law enforcement for speeding, driving under the influence (DUI), or driving while intoxicated (DWI) in Asheville, NC, the situation can feel overwhelming. Not only are you facing fines and penalties, but these violations can also lead to points on your license, increased insurance premiums, and in the case of DUI or DWI, the potential for jail time. Fortunately, Asheville’s top traffic lawyers specialize in defending clients against these common traffic violations, helping protect your driving record and minimize the impact on your life.
In this blog, we’ll explore how experienced traffic lawyers in Asheville defend against speeding, DUI, and DWI charges, offering insight into the legal process, defense strategies, and what to expect if you find yourself in need of representation.
Understanding the Severity of Traffic Violations
Traffic violations in North Carolina are categorized into infractions, misdemeanors, and felonies, depending on the nature of the offense. Speeding is typically considered an infraction, but excessive speeding or reckless driving can lead to misdemeanor charges. DUI and DWI charges, on the other hand, are more severe and can result in criminal charges, license suspension, fines, and even jail time.
For drivers in Asheville, traffic violations like speeding and DUI/DWI can also have long-term consequences, such as the loss of a professional license, employment challenges, or difficulty securing affordable car insurance. Having a knowledgeable traffic attorney by your side can make all the difference in reducing or even dismissing these penalties.
How Asheville Traffic Lawyers Defend Against Speeding Violations
Speeding is one of the most common traffic violations, and while it may seem minor, a speeding ticket can still have serious consequences. In North Carolina, a speeding ticket can add points to your driving record, which can lead to higher insurance premiums and potentially the suspension of your driver’s license if too many points accumulate.
Experienced traffic lawyers in Asheville use a variety of strategies to defend clients facing speeding tickets:
- Challenging the Accuracy of Speed Detection Devices
Law enforcement officers often rely on radar, LIDAR (light detection and ranging), or pacing techniques to determine a driver’s speed. However, these devices are not infallible. A skilled traffic lawyer may question the calibration and maintenance records of the speed detection device or argue that environmental factors (such as weather conditions or road curvature) affected the accuracy of the reading. - Examining Officer Conduct and Procedures
North Carolina law requires officers to follow specific procedures when issuing speeding tickets. If an attorney can demonstrate that the officer failed to follow proper protocol — such as improperly positioning the radar device, not receiving adequate training on the equipment, or failing to establish a clear visual identification of the vehicle — the ticket may be dismissed. - Negotiating for Reduced Penalties
Even if there is little chance of outright dismissal, Asheville traffic lawyers can often negotiate with the prosecutor to reduce the charge or penalty. For example, a lawyer might be able to lower a speeding charge to “improper equipment,” which does not carry any points on your driving record. This negotiation can protect your license and keep your insurance premiums from skyrocketing.
Defending Against DUI and DWI Charges
Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in North Carolina. These charges come with hefty fines, license suspension, and the potential for jail time, especially for repeat offenders. Asheville’s top DUI and DWI attorneys employ several effective defense strategies to protect their clients.
- Challenging the Legality of the Traffic Stop
The Fourth Amendment protects individuals from unreasonable searches and seizures, which means law enforcement must have probable cause to pull you over. In a DUI/DWI case, the defense may argue that the traffic stop was unlawful if the officer did not have a valid reason to stop the vehicle, such as erratic driving or a traffic violation. If the stop is deemed illegal, any evidence obtained during the stop — including breathalyzer or field sobriety test results — may be suppressed, leading to a dismissal of the charges. - Questioning the Accuracy of BAC Tests
Blood alcohol concentration (BAC) tests are a key piece of evidence in DUI/DWI cases. However, BAC tests, whether performed by breathalyzer or blood test, are not always accurate. A lawyer may challenge the validity of the test by investigating whether the breathalyzer was properly calibrated and maintained, whether the testing officer was adequately trained, or whether there were any medical or environmental factors that could have skewed the results (such as acid reflux or improper handling of blood samples). - Disputing Field Sobriety Test Results
Field sobriety tests (FSTs) are often subjective and can be affected by many factors, including a driver’s physical condition, weather, or uneven terrain. A skilled DUI attorney may argue that the results of these tests are unreliable and should not be used as evidence. For example, someone with a medical condition or injury may have difficulty balancing during a walk-and-turn test, but that doesn’t necessarily mean they were impaired. - Exploring Alternative Explanations for Erratic Driving
Many DUI/DWI arrests are based on erratic driving behavior, such as swerving or failing to obey traffic signals. However, not all erratic driving is caused by intoxication. Asheville’s top traffic attorneys may explore alternative explanations for the behavior, such as driver fatigue, distracted driving, or even a mechanical issue with the vehicle. By casting doubt on the cause of the erratic driving, an attorney can weaken the prosecution’s case. - Negotiating for Lesser Charges
In cases where a complete dismissal is unlikely, Asheville DUI attorneys may negotiate with prosecutors to reduce the charges. For example, a lawyer might seek to reduce a DWI charge to “reckless driving,” which carries less severe penalties and can help a client avoid the long-term consequences of a DUI conviction. Negotiations like these can significantly reduce the impact on your criminal record, finances, and ability to drive.
The Importance of Experienced Representation
While it may be tempting to handle a traffic ticket or DUI/DWI charge on your own, the consequences of a conviction can be far-reaching. Asheville’s top traffic lawyers understand the nuances of North Carolina traffic law and know how to craft effective defense strategies. Having an experienced attorney by your side ensures that every aspect of your case is thoroughly examined, from the legality of the traffic stop to the accuracy of the evidence against you.
What to Expect When Hiring a Traffic Lawyer
If you’re facing a speeding, DUI, or DWI charge, the first step is to schedule a consultation with an experienced traffic attorney. During this initial meeting, the lawyer will review the details of your case, explain your legal options, and provide an honest assessment of the likely outcome. Asheville’s top traffic lawyers work closely with clients to develop a defense strategy tailored to the specifics of their case.
In most cases, the lawyer will handle all court appearances on your behalf, negotiate with prosecutors, and keep you informed throughout the process. In more complex cases, such as DUI/DWI, the lawyer may gather expert witnesses, such as medical professionals or accident reconstructionists, to support your defense.
Conclusion
Whether you’re facing a minor speeding ticket or a serious DUI/DWI charge, the right legal representation can make all the difference. Asheville’s top traffic lawyers have the knowledge and experience to defend against these common traffic violations, helping you avoid the worst consequences and protecting your driving record. If you find yourself in need of a traffic attorney, don’t hesitate to seek out experienced legal counsel to guide you through the process and fight for the best possible outcome.