Accused of Speeding

[texfrustrated]

What is the name of your state? Texas
There's a whole lotta stuff here, but it will be my argument.
I'm in the 50mph zone and approaching 35mph zone.My Speed is less than 50 mph. I I had just finished explaining to my mentally challenged son WHAT the scratch is on the back of my right hand I looked up and saw I was just about to enter the 35pmh zone approx 10 feet from signpost.I then applied brakes and very quickly decelerated to 32mph. After I passed the patrol car's position, on came the red lights. After presenting my DL and proof of ins. to the Officer, I was told I was clocked at 48mph in 35mph zone. I stated that I may have been slightly greater than 35 upon entering the 35mph zone but I quickly decelerated because I was entering the 35mph zone and could not have gone more than 2 car lengths into the zone at a speed greater than 35mph and she said that I slowed down only upon seeing officer at RR tracks. She stated that I was clocked at top of hill and that is where the speed sign is located. I stated there is disagreement. After receiving the traffic citation, I was informed that because my indicated speed on radar was slowing down, the ticketed speed was reduced from 48/35 to 45/35. In order to cite me for speeding 45/35, my speed was monitored before I entered the 35mph zone because I know I traveling approx 48mph in the 50mph zone which corresponds with what the officer said my speed was, but with only 1 little problem, my speed of 48 all occurred in the 50mph zone because I was applying brakes when entering the 35mile zone.
On Wednesday morning, I measured the distance from the place on the corner where the officer was parked to the speed/city limit sign with the odometer on my truck. I was a little more than 1/10 mile. Probably .11 mile or 528'+52.8'= 580.8'. The grass is worn down where the patrol car is frequently parked and is approx 10' from edge of road. The road is approx 22' wide and the sign post is approx 4' from road. There is also a change in elevation from observation point of officer to the speed sign post of approx 3'. So the calculated distance from officer's observation point to the speed/city limit sign is approx. 581' and still looking uphill approx 3'
At 48mph as originally stated by officer, I would have been travelling at 70.56 fps and I started decelerating at say -.6g. I didn't lock the braked so it wasn't a full -1g and I applied brakes 10' before entering 35mph zone so 1 second after applying brakes, I was at 35mph. This is derived by speed of 48 mph=70.56fps.
G force accell and decel is based on 32ft/sec/sec.So a conservative my rate of decel(wheels not locked) figuring -.6g=-19.2 feet per sec So in 1 sec from applying brakes, my speed went from 70.56fps to 51.36fps and 51.36fps=34.94mph. Applying my brakes approx 10' prior to speed zone would have my front bumper entering zone at 41.2mph and by the time the vehicle was "inside the speed zone, my odometer is indicating 32mph.
1 mile being 5280' and to cover 1 mile in 1 hour ( 1 hour=60 min*60sec) or 3600 seconds one would have to move at 1.47 feet per second. The officer admitted that I indeed was slowing down, therefore, my ticketed speed was set at 45/35.
Therefore my speed would have to be recorded in the 50mph zone because I was slowing quickly at the point the speed changes. I applied the brakes before entering the 35mph zone and officer admitted my slowing down therefore, the speed I'm being ticketed for was recorded while I was in the 50mph zone.
The attached photos taken 35 min after alleged offense are from exact place patrol car is parked and photos taken while I stooped down to be about same elevation of officer's viewpoint. The photos will clearly indicate that is is very difficult to distinguish exactly where the 35mph speed is from that view and depending on accuracy of one's depth perception, the vehicle position with respect to speed limit sign is difficult to determine.
I feel I should plead not guilty and request a trial. Trial w/judge or jury is my question

[Jack_David]

Paragraphs are your friend.

That being said in Texas it is not illegal to drive over the speed limit. Was your speed reasonable and prudent?

If so you broke no law.

[url]http://www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.351.00[/url]

§ 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator
may not drive at a speed greater than is reasonable and prudent
under the circumstances then existing.

The fact that you were driving over the speed limit is not a crime. It will however be used as evidence that your speed was not reasonable.

[url]http://www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.352.00[/url]

§ 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in
excess of the limits established by Subsection (b) or under another
provision of this subchapter is prima facie evidence that the speed
is not reasonable and prudent and that the speed is unlawful.

If I were you I would just plead not guilty and request a trial by jury.

[texfrustrated]

I did go to the pleading and pled not guilty. The judge couldn't find my file, but the clerk handed it to her. The pretrial date was change to a month later and I was told that law required that I have minimum 10 days before trial.
Today is the 59th day since "arrest and issuance" of ticket and still have not received notice of trial date. I had mailed a request for information of ticket, radar, traffic surveys, etc. Response was that my request was invalid and that I should refer to Texas open records act.
Statutes say that if I do not exercise recognition and compliance with statutes prior to trial, I waive these rights.
What is the proper procedure and wording to ask for dismissal based on paragraphs 543.006 and 543.008.
Thanks

[sukharev]

There is a federal law, Freedom of information act. You can request any government documents under it, but will have to wait for 1 month. Request continuance if needed to receive the documents. The most important ones are the training records and radar test, calibration and maintenance logs.

10 mph over is not much though, and may be reduced to a non-moving violation by just talking to DA before trial. Good luck.