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Speeding Ticket ? Houston Texas

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IAHKAT

Junior Member
What is the name of your state? Texas


Hello all, great forum!!


I have a question I think I already know the answer to but wanted to get a pro's opinion.

Today I was pulled over for doing 50 in a 35, first of all, I don't believe I was going that fast because it's a known speed trap hot spot, but I know it will be extremely difficult to contest, I was under the thought that the speed limit was 45MPH as that was the last speed limit sign I remember seeing in the area, that being said, I traveled up and down this road and there are no posted speed limit signs anywhere on this road way. Taking a look at the wonderful city web site telling you what you owe I noticed there are no fines listed for speeding in a non-posted zone? What are my chances of a win going through a trial? Worth the hassle?

Thanks in advance for your help!!
 


The Occultist

Senior Member
Your states has statutes regarding what to assume the speed limit is when this is no speed limit posted. You should look into that. You can typically find those in the manuals they hand out to 15 year olds...
 
What is the name of your state? Texas

Today I was pulled over for doing 50 in a 35, first of all, I don't believe I was going that fast because it's a known speed trap hot spot, but I know it will be extremely difficult to contest, I was under the thought that the speed limit was 45MPH as that was the last speed limit sign I remember seeing in the area, that being said, I traveled up and down this road and there are no posted speed limit signs anywhere on this road way. Taking a look at the wonderful city web site telling you what you owe I noticed there are no fines listed for speeding in a non-posted zone? What are my chances of a win going through a trial? Worth the hassle?
The statutes will describe a general speed law, with limits assigned to various conditions....like "in a residential area" general maximum speed limit may be 35 (even if a limit is not poste on site). On a limited access, divided highway, outside of an incorporated area it may be 70 maximum. Also, the statutes will add in each case, "unless otherwise posted". Thus, if there are no postings of a speed limit where you received your citation, you will have to argue that the prevailing conditions warrant definition of the area in accord with the kind of area where 50mph is permitted. Judges can be defendant-friendly in cases where no postings of speed limit are present, but you have to make them see what kind of area it is, and that the proper posting, if one were done, would be 50mph or higher. If you think you can do that, by all means go to court.
 

IAHKAT

Junior Member
Great info, thanks for your replies. It will be hard to justify 50 MPH for the roadway in question. I think I will play it safe and throw myself at the mercy of the court. :(


Thanks again for your replies!
 

ceara19

Senior Member
Great info, thanks for your replies. It will be hard to justify 50 MPH for the roadway in question. I think I will play it safe and throw myself at the mercy of the court. :(


Thanks again for your replies!
Instead of throwing yourself at the mercy of the court, you should just pay the ticket. Telling the Judge that you thought you were in a 45mph zone isn't going to be all that helpful for you considering you were going 50MPH.
 

IAHKAT

Junior Member
Pardon me, what I should have said was " I think I will play it safe and throw myself at the mercy of my DD instructor."

I don't plan to take that road on this one. Thanks for your response..
 

cepe10

Member
Instead of throwing yourself at the mercy of the court, you should just pay the ticket. Telling the Judge that you thought you were in a 45mph zone isn't going to be all that helpful for you considering you were going 50MPH.

:confused: why do all the senior members have the dumbest advice ever...:( i wonder if they are prosecution/LEO apologists...:) again this is about the dumbest advice to a criminal case question and pretty much has no basis in the foundation of U.S. legal system (i.e. rights and due process)

Just plead guilty and do what ever the ticket says....and take your 30% insurance hit ((sponsored by the state insurance commission and the state prosecution office and the state LEO agencies)) got to be the dumbest advice ever. I know for fact the courts grant quite a bit of leniency of probation just for showing up... and that's if you don't want to attempt to fight the citation or obtain a traffic lawyer...
 

sukharev

Member
why do all the senior members have the dumbest advice ever...
oops, here goes this thread:eek:

Let's hope this comment gets ignored for now. It's much more helpful to offer your opinion on the question, not answers, and let OP decide which advice to take. In this particular case, he made a decision to not fight the ticket, so no help was offered on how to do so.

Just showing up is a good idea, and may work (lenient judge, officer does not show, DA just wants to clear the line, depends on judge/court/state, you name it), but one way to think about it is that it's a waste of court's time and ultimately, taxpayer's money :) He will likely be found guilty anyhow. Hence, the comment from ceara19, who probably never got a ticket him(her)self. Was not dumb, just ignorant. With luck, 5 mph over could be dismissed or replaced by non-moving violation.
 

ceara19

Senior Member
oops, here goes this thread:eek:

Let's hope this comment gets ignored for now. It's much more helpful to offer your opinion on the question, not answers, and let OP decide which advice to take. In this particular case, he made a decision to not fight the ticket, so no help was offered on how to do so.

Just showing up is a good idea, and may work (lenient judge, officer does not show, DA just wants to clear the line, depends on judge/court/state, you name it), but one way to think about it is that it's a waste of court's time and ultimately, taxpayer's money :) He will likely be found guilty anyhow. Hence, the comment from ceara19, who probably never got a ticket him(her)self. Was not dumb, just ignorant. With luck, 5 mph over could be dismissed or replaced by non-moving violation.
My comment was neither dumb or ignorant. If the OP had been driving 5MPH over the ACTUAL speed limit, he could might have been able to successfully have the ticket dropped. But he wasn't going 5MPH over the ACTUALLY speed limit, he was driving 5MPH over what he THOUGHT the limit was. Plus, the OP has already stated that he couldn't justify driving 50MPH on the stretch of road he was driving on.

It will be hard to justify 50 MPH for the roadway in question
 

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