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  1. #1
    lschmitz is offline Junior Member
    Join Date
    Dec 2008
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    School Zone speed trap

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

    The police car was parked right outside the school zone in an area where the speed is 45. I checked my speed (only 43) as I saw him and looked up to see the school zone lights flashing ahead and immediately applied my brakes in a safe manner. I was pulled over and the office says I was doing 43 in a 35 mph school zone. This happened in my hometown, which has a population of about 800. I am aware that Texas state law set up certain requirements to prevent small town cops from creating speeding traps for revenue.
    The officer spent some time in his vehicle with my drivers license, which clearly states my birthdate, and comes back with the ticket marked that I am a juvenile (I am 19). This same cop has sprung the same trap on a friend of mine, and I'm sure a countless number of others. Meanwhile, this cop let my sister off with a warning for doing 50 in a 35, though not a school zone. I have had no previous violations.

    I work at the school in question and would never do anything to endanger the children there.

    I would like to plead Not Guilty, as this ticket is complete non-sense in every aspect. Is there any chance for me to have the charges dismissed? Would showing that this officer is profiling based on age work? Any suggestions at all?

    Thanks for any help that is offered.
  2. #2
    The Occultist is offline Senior Member
    Join Date
    Feb 2005
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    5,408
    Quote Originally Posted by lschmitz View Post
    The police car was parked right outside the school zone in an area where the speed is 45. I checked my speed (only 43) as I saw him and looked up to see the school zone lights flashing ahead and immediately applied my brakes in a safe manner. I was pulled over and the office says I was doing 43 in a 35 mph school zone.
    So how fast were you going as you passed the sign declaring the new speed limit?

    I am aware that Texas state law set up certain requirements to prevent small town cops from creating speeding traps for revenue.
    Your failing point here is going to be how Texas defines a "speed trap". Officers are allowed to be parked on the side of the road observing passing traffic, and, if appropriate, issue citations.

    The officer spent some time in his vehicle with my drivers license, which clearly states my birthdate, and comes back with the ticket marked that I am a juvenile (I am 19).
    This shouldn't have any bearing on your case.

    this cop let my sister off with a warning for doing 50 in a 35, though not a school zone.
    Irrelevant.

    I have had no previous violations.
    This may aid in any potential attempts to strike a plea bargain.

    I would like to plead Not Guilty
    You have the right to do so.

    this ticket is complete non-sense in every aspect.
    That's for the court to decide.

    Is there any chance for me to have the charges dismissed?
    There's always such a chance. I would advise, however, seeking legal representation. A local attorney knows exactly what the courts like to hear, and as such present the highest potential for yielding the most favorable odds. Many attorneys offer free/cheap consultations, so take advantage of that and sit down with a couple to see what insight they may have to offer.

    Would showing that this officer is profiling based on age work?
    Not in the least.

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