Need help with a legal defense for a 50 in a 30 (TX)

[ttv06]

What is the name of your state? Texas


I was given a speeding ticket the other day for going 50 in a 30. The speed is posted just over the hill that the cop clocked me on. I just got a ticket 8 days earlier that I am willing to pay and do the driving course and stuff for, but this ticket has a few interesting issues that I think a judge would be sympathetic to.

First, I turn left from a four way stop to get onto the street that I was ticketed on. However, that same street on the other side of the four way street is a 40 mph zone for a good 3 miles, then it arbitrarily is converted to a 30 mph zone after the four way stop. The traffic on the street after the four way stop is actually much lighter than the 40 mph zone and the only reason I can find for the speed limit to be 30 mph is that it is a new residential area with a few neighborhood entrances on the sides of the street. The number of lanes etc, does not change after the stop. Think this route proves a good defense? The thing about this ticket that makes me very angry is that there was absolutely no traffic on the road, and because it is located in a developing (not developed except for a few houses) area the speed limit will most certainly be raised up to 40 within the next few months. Also, the sign wasn't posted until a little less than 2 months ago.

Second, in Texas (remember I got a ticket a week earlier so my memory is quite fresh) when you are pulled over for speeding the officer always asks if there was an emergency for the speeding infraction. Similar, though obviously not the same, to the Miranda Rights, doesn't certain procedure have to be followed for a ticket to be properly administered? I may be stretching things, but I'm a fan of applying the law but only if properly applied.

Third, a good defense against such tickets (radar enforced) is asking questions about the calibration of the radar gun and the tuning forks used. I have no clue as to where to look on LexisNexis or other legal resources to determine Texas statutes regarding the admissibility of testimony of officers based on radar readings. Any help with this would be great. I'm an 18 year old college student with no previous infractions so I think I stand a good chance of getting a dismissal or reduction in fine.

Fourth, the ticket said that I was traveling east when I was clocked, but this isn't true. The road is almost a direct path north. Any shot at getting the ticket dismissed on this charge either?

I'm really open to any suggestions, but after a night of thinking of various legal outs these are all that I've got. Thanks!

[moburkes]

Originally Posted by ttv06

What is the name of your state? Texas


I was given a speeding ticket the other day for going 50 in a 30. Were you speeding?The speed is posted just over the hill that the cop clocked me on.So, were you speeding before the you saw the sign, or after you saw the sign? I just got a ticket 8 days earlier that I am willing to pay and do the driving course and stuff for, but this ticket has a few interesting issues that I think a judge would be sympathetic to.

First, I turn left from a four way stop to get onto the street that I was ticketed on. However, that same street on the other side of the four way street is a 40 mph zone for a good 3 miles, then it arbitrarily is converted to a 30 mph zone after the four way stop. What is your point?The traffic on the street after the four way stop is actually much lighter than the 40 mph zone and the only reason I can find for the speed limit to be 30 mph is that it is a new residential area with a few neighborhood entrances on the sides of the street. The number of lanes etc, does not change after the stop. Think this route proves a good defense? No. Unless the speed limit is changed illegally.The thing about this ticket that makes me very angry is that there was absolutely no traffic on the road, and because it is located in a developing (not developed except for a few houses) area the speed limit will most certainly be raised up to 40 within the next few months. Also, the sign wasn't posted until a little less than 2 months ago. But, since you chose not to wait a few months to speed, what is your point?

Second, in Texas (remember I got a ticket a week earlier so my memory is quite fresh) when you are pulled over for speeding the officer always asks if there was an emergency for the speeding infraction.How often do you get tickets in Texas, and what law requires them to ask this? Similar, though obviously not the same, to the Miranda Rights, doesn't certain procedure have to be followed for a ticket to be properly administered?What does Miranda have to do with a speeding ticket? I may be stretching things, but I'm a fan of applying the law but only if properly applied. Then, you might want to LEARN the law, first.

Third, a good defense against such tickets (radar enforced) is asking questions about the calibration of the radar gun and the tuning forks used. I have no clue as to where to look on LexisNexis or other legal resources to determine Texas statutes regarding the admissibility of testimony of officers based on radar readings. Any help with this would be great. I'm an 18 year old college student with no previous infractions so I think I stand a good chance of getting a dismissal or reduction in fine.

Fourth, the ticket said that I was traveling east when I was clocked, but this isn't true. The road is almost a direct path north. Any shot at getting the ticket dismissed on this charge either? No.

I'm really open to any suggestions, but after a night of thinking of various legal outs these are all that I've got. Thanks!

Suggestions? Pay the ticket. Slow down. Don't major in anything related to the law.

[efflandt]

Is it possible that you were clocked on the eastbound street before turning north (and they were just trying to catch you)?

What would your comeback have been if he had said "Hey buddy, where's the fire?"

If there were no signs between that intersection and where you were clocked warning of reduced speed ahead, would 50 in a 40 make any difference?

I get as upset as the next guy when they keep dropping speed limits for future development, making it take longer and longer to get anywhere. But I keep a sharp eye out for deer and speed enforcement (it helps having an anonymous looking car that is faster than it appears).

[racer72]

Dang it, I just got the brand new Free Advice Lame-O-Excuse meter up and running and the first post I use it on it breaks. Back to the drawing board.

[ceara19]

Originally Posted by ttv06

What is the name of your state? Texas


I was given a speeding ticket the other day for going 50 in a 30. The speed is posted just over the hill that the cop clocked me on. I just got a ticket 8 days earlier that I am willing to pay and do the driving course and stuff for, but this ticket has a few interesting issues that I think a judge would be sympathetic to.

First, I turn left from a four way stop to get onto the street that I was ticketed on. However, that same street on the other side of the four way street is a 40 mph zone for a good 3 miles, then it arbitrarily is converted to a 30 mph zone after the four way stop. The traffic on the street after the four way stop is actually much lighter than the 40 mph zone and the only reason I can find for the speed limit to be 30 mph is that it is a new residential area with a few neighborhood entrances on the sides of the street. The number of lanes etc, does not change after the stop. Think this route proves a good defense? The thing about this ticket that makes me very angry is that there was absolutely no traffic on the road, and because it is located in a developing (not developed except for a few houses) area the speed limit will most certainly be raised up to 40 within the next few months. Also, the sign wasn't posted until a little less than 2 months ago.

Second, in Texas (remember I got a ticket a week earlier so my memory is quite fresh) when you are pulled over for speeding the officer always asks if there was an emergency for the speeding infraction. Similar, though obviously not the same, to the Miranda Rights, doesn't certain procedure have to be followed for a ticket to be properly administered? I may be stretching things, but I'm a fan of applying the law but only if properly applied.

Third, a good defense against such tickets (radar enforced) is asking questions about the calibration of the radar gun and the tuning forks used. I have no clue as to where to look on LexisNexis or other legal resources to determine Texas statutes regarding the admissibility of testimony of officers based on radar readings. Any help with this would be great. I'm an 18 year old college student with no previous infractions so I think I stand a good chance of getting a dismissal or reduction in fine.

Fourth, the ticket said that I was traveling east when I was clocked, but this isn't true. The road is almost a direct path north. Any shot at getting the ticket dismissed on this charge either?

I'm really open to any suggestions, but after a night of thinking of various legal outs these are all that I've got. Thanks!

If you think that a judge will be sympathetic to your cause based on anything mentioned here, you're wrong. Bring this crap into court and the judge may double the fine for wasting the courts time and the taxpayer's (as in MY) money.

[Jim_bo]

What were you actually charged with? Is there a section of the Texas Vehicle Code cited?? I think the first step is actually understanding what code you have been accused of violating.

[CdwJava]

TX is one of those states that often refers to the text of the law on a citation or summons and the code section itself is not brought up until a complaint is filed. It's odd, but there are a few states where this is done and TX is one of them.

- Carl