What is the name of your state? TX
In a couple of weeks, I have a pre-trial conference for a ticket for "Unsafe Speed." I was approaching an intersection driving 35 MPH when the light turned yellow. (There was an officer clearly visible setting in the median.) I sped up to 40 MPH and cleared the intersection. (The speed limit is 40 MPH.) When the officer pulled me over, I asked if I ran the light, he replied "no." I then asked him why he stopped me. He replied "unsafe speed." I asked "How fast was I going?" He replied 40 MPH. He told me that anyone accelerating into an intersection on a yellow light can be cited for unsafe speed.
The ironic thing is that the fine for Failure to Control Speed is $270. The fine for 16-25 MPH in excess of posted speed limit is only $235. I would have been better off going 65 MPH through this intersection.
Do I have a leg to stand on here? Section 545.351 of the Texas Transportation Code states:
(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an intersection or railroad grade crossing;
Any advice would be appreciated.
In a couple of weeks, I have a pre-trial conference for a ticket for "Unsafe Speed." I was approaching an intersection driving 35 MPH when the light turned yellow. (There was an officer clearly visible setting in the median.) I sped up to 40 MPH and cleared the intersection. (The speed limit is 40 MPH.) When the officer pulled me over, I asked if I ran the light, he replied "no." I then asked him why he stopped me. He replied "unsafe speed." I asked "How fast was I going?" He replied 40 MPH. He told me that anyone accelerating into an intersection on a yellow light can be cited for unsafe speed.
The ironic thing is that the fine for Failure to Control Speed is $270. The fine for 16-25 MPH in excess of posted speed limit is only $235. I would have been better off going 65 MPH through this intersection.
Do I have a leg to stand on here? Section 545.351 of the Texas Transportation Code states:
(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an intersection or railroad grade crossing;
Any advice would be appreciated.
Last edited: