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How do I successfully fight a speeding ticket in Texas?

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sweettsinger

Junior Member
What is the name of your state (only U.S. law)? Texas

I recently got a speeding ticket in Austin, Tx on IH35 for doing "68" in a 55 zone. I plan on fighting the ticket because a)I know I was only 7 miles over the speed limit and b) I was in the slow lane and simply keeping up with the flow of traffic in that lane. The other two lanes were going considerably faster. c) I am a serious driver and do not have ANY speeding violations on my 40 year record. d) the officer was rude and first told me that I was doing 70 mph. Later he changed it to 68. If he is willing to "lie" about that then what mmakes him credible.

I have read several articles and gleaned a couple of points that I think could be grounds for dismissal. Please give me your opinion.

First, in Texas, as in most states, the basic speed law would prevail. I have since traveled the same area at multiple times and the only time(s) traffic was flowing equal to or slower than the posted speed limit was during peak times and in most of those times traffic was very, very slow. I have documented dates, times, my relative speed, my distance in car lenghts from the vehicle in front of me, weather conditions etc.

Secondly, the officer failed to put the violation code on the ticket. Is it accurate to say that I could not prepare an adequate defense since the code was not present. I should note that when I received a response from the court to my request to appear it stated that the violation was " Speeding on State Highways " and again no violation code.

I guess the reason I want to fight the ticket is that I was in the right ( at least in my mind). Thank you in advance for your input!
 
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HighwayMan

Super Secret Senior Member
First, in Texas, as in most states, the basic speed law would prevail. I have since traveled the same area at multiple times and the only time(s) traffic was flowing equal to or slower than the posted speed limit was during peak times and in most of those times traffic was very, very slow. I have documented dates, times, my relative speed, my distance in car lenghts from the vehicle in front of me, weather conditions etc.
Documented? How? Anyway, what does any prior driving have to do with the violation you were cited for?

"I was going with the flow of traffic" and "other cars were going faster than mine" are not defenses or justifications.

And you were traveling at 7 mph over the limit? How do you know it was 7 and not eight or six? Do you have a digital speedometer?
 

I_Got_Banned

Senior Member
I know I was only 7 miles over the speed limit
I guess the reason I want to fight the ticket is that I was in the right
So you know you were in violation YET, you know you were "right"?

Anyways, you do in fact present a couple of -weak- possibilities... First, is the possibility that the statute number was not written on the citation -by itself- but even then, that is a weak argument for a number of reasons... You would think that if the citation that was missing the violation code, yours would have been either rejected by the court when the officer filed it, or the officer would have been notified and he would then have issued an amendment. Also, since the court notice was issued and it too did not include a statute number that too might show that the description by itself maybe sufficient enough.

As far as you applying the "basic speed law defense" to argue that you were not guilty of the alleged violation, that might not work. Reason for that is, you were charged in violation of a prima facie speed limit, i.e. a "statutory" speed limit which can also be described as "Speeding on State Highways'... Here is what the statute says:

Sec. 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.​

So in this case, whether you were 1 mile over the speed limit, 13 mph over OR 15mph over... You are STILL in violation regardless of whether you think you were right or not.
 

sweettsinger

Junior Member
In response to the reply from "I got banned"

Thank you for your response and not responding as if I were an idiot just trying to get out of paying a ticket! It isn't the money and I am eligible for traffic school so it wouldn't be on my driving record.

It's just that darn " Principle of the matter". I guess the reason I am upset about getting the ticket is that for 40 years I have always tried to drive safely. I firmly believe that good common sense needs to be a major factor in achieving any goal.

What I meant to imply about the basic speed law is that if I had been going the posted speed it would have resulted in impeding the flow of traffic and may have even been a hazard. Traffic was fairly heavy and I was trying to maintain a safe distance behind the car in front of me while trying to not get run over. In essence, what I consider to be "applying good defensive driving skills" .
Am I confused when I say that driving safely may at times warrant driving faster than the posted speed limit?

I am not trying to argue with you, I am really trying to understand why the basic speed law would not apply. Perhaps you could explain under what type of situation/circumstances the basic speed law would apply? Would it only apply if I was driving slower than the speed limit thus posing a possible hazard?

As far as the other fact of not having the violtion code listed on the ticket, I agree with you. It's not an area I will pursue.
 

Zigner

Senior Member, Non-Attorney
I am not trying to argue with you, I am really trying to understand why the basic speed law would not apply. Perhaps you could explain under what type of situation/circumstances the basic speed law would apply? Would it only apply if I was driving slower than the speed limit thus posing a possible hazard?
It could apply if it were raining cats and dogs outside, making it unsafe to drive faster than 30 mph on a road with a limit of 65.

The basic speed law does NOT allow you to exceed the posted speed limit.
 

I_Got_Banned

Senior Member
I am not trying to argue with you, I am really trying to understand why the basic speed law would not apply.
Bacause you were NOT charged in violation of the Basic Speed Law ~ TEXAS TRANSPORTATION CODE, TITLE 7. VEHICLES AND TRAFFIC, SUBTITLE C. RULES OF THE ROAD, CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES, SUbchapter H, Section 545.351 wherein the speed limit on that section of the highway that is set pursuant to Section 545.353 (under the same code)which is titled AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS... Instead, you were charged in violation of driving in excess of the statutory speed limit (Section 545.352)which is set pursuant to the regulations stated under that same section.

Had you been charged with violating 545.351 (Basic Speed Law), then yes, by all means, arguing that a safe, reasonable and prudent speed would be a valid argument. But since you were charged with violating the posted speed limit (545.352) then the only legally valid approach to defending such a charge would be to attempt to invalidate the officer's measurement of your speed...
 

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