Speeding in the Texas Twilight: 77 in a 65

I got a ticket in Texas for doing 77mph in a 65mph zone. Problem is, during the day the speed limit is 70mph, and at night its 65mph. The time was 5:45pm and the sun was setting, so it really was in a transitional state (neither day nor night).

The cop gave me the ticket, and wrote down 6 o'clock, even though I was lasergunned around 5:45pm and I left the cop at 5:55pm.

Is night defined strictly as 6pm - 7am (which would explain why he put down 6pm)? Is it up to interpretation by the cop? And can I still get a ticket for going 77mph in a 70mph if they do see my side?

Thanks a lot --- this is a really dubious ticket which I can't afford to pay.

ES

[James Young]

It is not arbitrary. Daytime is 30 minutes before sunrise until 30 minutes after susnset, as defined by Texas Parks and Wildlife Department (for hunting purposes). Further, you must adjust for sunrise and sunset at different longitudes as the sun rises much earlier in East Texas than it does in West Texas. there are adjustment tables available from TPWD.

Ah, so even though the sun was setting, it was still considered daytime. Do you think then that I will have to pay for doing 77mph in a 70mph zone?

Thanks for the reply.

ES

BTW it took place in Central Texas, not sure if it matters much.

ES

[James Young]

You will need to plead "not guilty" and when you go to court show your evidence -- the solunar tables as prepared by TPWD -- that the limit the LEO wrote down was incorrect. Unless you present other evidence to prove your innocence, the court should adjust for the difference.

What agency and what county is it?

You should also determine the exact Texas law with respect to "daytime" and "nighttime" so you can cite it -- the vehicle code is not published and available to the general public -- by going to the country courthouse or Townes Hall at UT Austin for the law library. An internet search may yield the vehicle code.