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  #1  
Old 07-25-2008, 06:42 PM
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Speeding Ticket


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

I got a speeding ticket today and I think there is a flaw in the ticket that might help me get out of it by taking it to court. On the ticket, there is a box called "violation" where the officer wrote Speeding 44. There are two other boxes towards the bottom of the ticket, one called "alleged speed" and one called "speed limit". The officer wrote 40 in the alleged speed box and 30 in the speed limit box. I am wondering if there was a good chance that the ticket will not hold up in court because the officer wrote two different speeds on the ticket or if I should just cut my losses and sign up for defensive driving.

There are two ways that I figure it would work out. First, this argument would not hold up because the officer is not required to write the speed in the violation box, just the violation itself, so the only thing that matters is what he wrote in alleged speed and that's what will be used to prove my guilt. Or the fact that the officer wrote two different speeds could show that he really had no idea how fast I was going and I will get out of the ticket. I'm just not sure if a small little mistake like that will mean anything in the courtroom or if they are just going to laugh at me for trying to exploit a silly error. Any advice or past experiences would be greatly appreciated.

Also, on a side note, the officer told me that he clocked me at 43, wrote 44 in the violation box on the ticket and 40 in the alleged speed. I honestly don't think he had any idea how fast I was going. I know the fact that he told me 43 will mean nothing in court since I can't prove it, but it was just frustrating.
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  #2  
Old 07-25-2008, 06:43 PM
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So, he got you for 43/44 but he only wrote you up for 40. In the rest of the country that's called "giving a guy a break"
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  #3  
Old 07-25-2008, 06:51 PM
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Thanks for the hilarious and wise comment but I don't think the reason he wrote two different speeds was to "give me a break".
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  #4  
Old 07-25-2008, 09:35 PM
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The number 44 in the "viloation box" most likely represents the code for the offense "Speeding", an action code for easier processing in the court house or it might be the code of the particular law. The Speed Limit and Alleged Speed I hope are self explanitory.


Didn't really pay any attention to your state, as I wouldn't know the particular laws for any State. You can search for the laws if u like. Google Generally gives a good response.

Traffic Laws, <insert state>

Example: Traffic Laws, CA

Also, look at the back of ur ticket, there may be ways to either request a Driving Safety Course, Deferred Disposition or Deferred Ajudication (basically the same) or Plead Not Guilty and request a trial without even going to the courthouse.

Most courts won't do much of anything but take your Plea and/or take your payment when u go in the first appearance anyhow. Do a search on the Deferred options as they aren't always what some make them out to be.

Good Luck
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  #5  
Old 07-26-2008, 03:59 PM
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Join Date: Aug 2007
Posts: 386

Ball is in your court


jason651293

A Traffic Ticket should have
The Code--The Section #--and Description.
Without a section # and a complete description a driver is hindered in contesting his ticket.
Google Speeding Ticket FAQ and scroll to
Will errors on the ticket result in the charges being dropped?
It is up to the judge whether or not to dismiss.

Best Regards,
Hey There
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  #6  
Old 07-27-2008, 04:33 AM
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Thanks


Thank you Hey There, I really like that website. I'm beginning to think that the Speeding 44 is some kind of code and that it is just wishful thinking for me to hope otherwise. Looks like I'm gonna be spending 6 more hours of my life taking defensive driving. Lucky me!!!!
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