Did you recieve a speeding citation, or other traffic ticket in Buncombe County, Asheville? Do NOT pay your ticket online until you speak to a QUALIFIED lawyer. Paying your ticket online or by mail means that you plead guilty as charged. While you may BE guilty, North Carolina Traffic laws are some of the harshest in the counrty. There are over 70 ways in North Carolina to lose your driving privilege. We are experienced with NC law and traffic laws, and know the best ways to navigate the court system on your behalf. Read below for the 3 great reasons you will want to hire our Buncombe County Traffic and Criminal Lawyers.
- Save insurance money
2. Save yourself the hassle
3. Stay worry free and leave it to us.
Traffic Cases in Buncombe County
Traffic cases in Buncombe County are usually scheduled for the first week of each month in Administrative Court. We represent most traffic cases by written waiver, which means we inform you of the likely options for your case, possible outcomes, our plan of action in your case, and you allow us to go to court on your behalf, meaning you do not need to take a day off work in order to attend court to handle your traffic cases. This is especially important for persons who were ticketed while passing through western North Carolina, as well as residents with other obligations. Also, with Covid still circulating, you probably dont want to spend hours in a crowded courtroom with a cross section of society. Rest assured that your presence is not necessary, though, and if things do not go as we planned in court, we will continue the case and contact you about any new developments that may have arisen. Representation in traffic matters usually incur a fee from as little as $100, and we typically save you far more than that by preventing possible insurance increases.
Driver License Points
North Carolina uses two different point systems for Traffic Cases. Drivers license points, and Insurance points. Drivers license points are assessed for each traffic violation, and are tabulated by the NC DMV. When a driver accumulates 12 drivers license points in a 3 year period, The NC DMV suspends the license of the driver. After you get your license back, you can only have 8 points in three years or you lose your license again. When a driver has accumulated 7 points, they may be eligible for a DMV based “Driver Improvement Clinic” for a one time reduction of 3 points from their license. Buncombe County Criminal, DUI, Traffic Lawyers
Insurance points are assessed based on convictions on the drivers official record, or accidents requiring the insurers attention. The points assessed are regulated by the North Carolina Safe Driver improvement Program (SDIP points) A more complete list of point assessment is located HERE. As an example, a speeding ticket for 80-65 would result in 4 SDIP insurance points. This results in an 80% increase in insurance rates. This increase is assessed each time your insurance renews, for three years. If you currently pay $300 every 6 months, after on ticket for 80-65, your insurance would increase to $540, or $240 more. This continues for the next 6 renewal periods for a total insurance increase of $1440. We can usually modify the charge you are convicted of to prevent the assessment of insurance points, drivers license points, or both, depending on the circumstances of each case and your record. For a legal fee as low as $100-200, you can save $1440 or more.
Commercial drivers, drivers who hold a CDL or drivers who are operating a commercial vehicle, often have special circumstances and more severe repercussions for traffic offenses. Many offenses carry double, or enhanced, drivers license points when operating a commercial vehicle. Some options available to non-CDL drivers may not be available to commercial drivers. And this is true of not only “Class A” CDL holders, but “Class B” CDL drivers as well.
Commercial drivers also have to be concerned with their Federal CDL points, or CSA points. CSA points are assessed based on the original charges, so we make a special effort to secure dismissal whenever it is possible, and modification of charges when that is not possible. We understand how “major violations” harm a commercial driver more than a non CDL driver. We go to great lengths for every client, but understand the peculiar circumstances CDL drivers face. Although traffic charges are difficult to win at trial, we have tried successfully several CDL driver cases. Occasionally we can get permission to enter a not guilty plea and have a “trial by waiver”, but usually the defendant will need to be present in court for a trial.
Non CDL Drivers
Non CDL Drivers are concerned with driver license points, of course, but we understand that the bottom line for most drivers is in the pocketbook- We go over all available options with each client, and try to find the best cost saving option to prevent insurance increases. Different options may be best suited to different clients, depending on their family, other drivers on the policy, prior record, and the amount of driving they do. If you have negative prior entries on your driving record, we may need to come up with creative options to keep you licensed and minimize your insurance. Our extensive experience in Asheville, Buncombe County representing traffic defendants is your best bet for keeping your insurance rates low.
3 Great Reasons You Will Want to hire our Buncombe County Traffic and Criminal Lawyers. – DUI/DWI
Buncombe County Criminal, DUI, Traffic Lawyers.
- Drivers license revocation and the possible difficulty of getting your license back
- The distinct possibility of required jail time, even for some first offenses.
- Experienced DWI/DMV Drivers license lawyers. We teach drivers license laws to other attorneys.
Almost no case is taken as seriously as Impaired driving in North Carolina. Most persons charged with serious felony charges in North Carolina have far more options available to them than persons charged with DWI. Even if you have no record at all. This is simply a result of the overly aggressive DWI lobby led in North Carolina by MADD, continually pressuring the legislature to enact stricter penalties for Impaired Driving. Since 2007, each session of the legislature has enacted some form of new legislation making DWI a more serious crime and chiseling away at the Constitutional Rights of the defendant. If you are charged with DWI, you need an experienced, informed, aggressive attorney on your side.
Even though I expect the district attorneys office in Asheville, Buncombe County to be fair and reasonable, the very political nature of DWI makes it a difficult charge to defend. DWI in North Carolina does not get “pleabargained” to lesser offenses. North Carolina Law requires the district attorney to prepare a lengthy written explanation for any change to, or dismissal of, any “implied consent” (alcohol- related) charge. This long written form is then filed as a public document that the “courtwatchers” have access to and keep tabs on. Of course, this means that as a practical matter no elected official is going to make any modification or dismissal of a DWI charge except in the most rare circumstance. Therefore, when you are charged with a DWI, you can expect that the case is going to proceed “as charged”. You will either be found guilty, or not guilty, of what you are charged with.
At the Curtis Sluder Law Firm, we aggressively look for any error made by law enforcement, magistrates, or other individuals involved in your case. We start by critically examining the reason you were stopped based on the most current legislation and case law. The officer must have made initial contact either through a consensual encounter, reasonable suspicion for a traffic stop, or a properly conducted license check. If the contact phase passes scrutiny, we explore all known factors that may or may not have given the officer probably cause to make an arrest. This includes proper field sobriety tests given according to standards established by The National Highway Traffic Safety Administration (NHTSA). Other factors the officer considered in forming his opinion of your condition and decision to arrest are also explored in depth.
Once the decision to arrest has been made, the information that may have been presented to the magistrate is reviewed, rights forms are examined to be certain you were afforded your rights prior to an intoxilizer test. Procedures must have been followed in administering the test, and certain legal requirements must be met in allowing for your release from custody after your arrest and initial appearance before the magistrate has been completed.
There are hundreds of possibilities to explore in every DWI case- and this is just the guilt or innocence aspect of the case. Drivers license implications, DMV penalties, sentencing requirements, and costs also factor into each case. At the Curtis Sluder Law Firm, we have the experience garnered from daily representation of defendants fsince 1998, as well as experience from prosecuting cases for the State. We strive to master new laws and follow the appellate courts decisions as they relate to criminal, traffic, and impaired driving cases on a regular basis. We involve ourselves in routine Q&A sessions with other top attorneys across North Carolina on a regular basis to stay on top of the latest developments. We continue to build on our experience with DMV, law enforcement, the District Attorneys Office, our Honorable Judges, Magistrates, fellow attorneys, clerks, and other court officials and liasons to make our clients experiences as successful as possible.
3 Great Reasons You Will Want to hire our Buncombe County Traffic and Criminal Lawyers. Criminal Matters
Criminal Cases in Buncombe County
Typically, misdemeanor criminal cases in Buncombe County start in administrative court, held the first week of each month, and then proceed to regular sessions of district court. Different judges usually preside in administrative court, and our regular elected district court judges preside in the regular sessions of district court. Unless we represent you by waiver, or have told you otherwise, defendants should be in court by 9:00 for calendar call. The District Attorney is usually not available to speak with unrepresented defendants before the calendar call.
A district court criminal charge can be initiated by an arrest or by a citation. If the defendant is arrested, he is taken before the magistrate to have bond and other conditions of release set. Often, an unsecured bond or a small secured bond is set for misdemeanants. The defendant is given a court date if released on bond. If the defendant is taken into custody and cannot make bond, then they will be taken before a District Court Judge within a few days in order to appoint counsel or to schedule a bond hearing. Once this is done, they are given a new court date and afforded an opportunity to speak with a lawyer (who will often make a bond motion to reduce or unsecure the bond, so that the defendant can be released and better assist in defending their case. Once the court date arrives, the defendants lawyer may further investigate the case beyond what he was able to do prior to the court date, negotiate with the District Attorney, point out weaknesses in the states case, and try to arrive at an agreeable pleabargain. If no acceptable pleabargain can be had, then the case may be called for trial.
A trial in district court begins with the District Attorney arraigning the defendant, or formally announcing the charge, and the defendant, through his or her attorney, entering a formal plea of not guilty. The state then begins to call the witnesses to the stand in order to testify against the defendant. This usually consists of law enforcement officers testimony, or victim testimony, but can include other relevant witnesses and expert testimony, such as laboratory analysts from the State Crime Lab. Once the State witnesses have testified, we get our opportunity to cross examine the witnesses- This is where we may try to pin them down to a specific account of the facts, question their ability to accurately observe the situation, secure testimony of investigatory methods they did NOT use, question their credibility in many cases, and discredit their original testimony where possible and useful.
This process repeats for each state witness. Once the state feels they have presented their case adequately, the State “Rests”. If I feel the state has not adequately proven their case at this point, I make a motion to dismiss- that is, even if the Judge accepts everything testified to by the State Witnesses, the State has not adequately proven the case based on the law. If the judge grants my motion at this point, which is fairly rare, the case is dismissed. If not, we then call any witnesses we wish to testify on our behalf. The state, of course, gets the opportunity to cross examine those witnesses as we did earlier. Once all testimony has been heard, including any rebuttal witnesses or re-called witnesses, closing arguments are made before the Judge, and the Judge then issues his or her verdict.
After the verdict has been entered, if it is guilty on any of the charges, then the case proceeds to the sentencing phase.
Buncombe County Clerk of Court
Steven D. Cogburn
Clerk of Superior Court
60 Court Plaza
Asheville, NC 28801-3519
p. (828) 259-3400
If you would like to check on a criminal or traffic court date, you may call the Clerk’s Office at (828) 259-3402.
The Clerk of Court cannot grant continuances.
Criminal records are a matter of public record and may be checked by name upon the payment of the statutory fee.
Clerk of Court Fax numbers:
General Information (828) 259-3400
Clerk of Superior Court
Superior Court Judges
District Court Judges
Trial Court Administrator
Adult Drug Treatment Court
Veterans Treatment Court
Guardian Ad Litem