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Speeding Ticket (Speeding Zone Wrong)

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Travis01

Junior Member
What is the name of your state (only U.S. law)? Rockdale, Texas (Milam County)

I received a speeding ticket for doing 60mph in a 50mph zone. When I went back to investigate the speed zone I could not find a 50mph speed limit sign anywhere. I video taped the area and will present this information at pre-trial but my question is can they change the ticket to 55mph since that was the actual speed limit zone? Or will the ticket just be thrown out?
 


What is the charge, statue-wise. You'll likely find that no change is needed. Nor would I ask for a dismissal prior to trial.

And 60 is still over 55.

The ticket will not be thrown out. Post the statue.

You can address this on cross, asking the officer what the speed limit was..he'll say 50 MPH so you can use this as part of your defense. But it likely will not be enough as you were still speeding.

And your post seems not to detail how you got to a conclusion that the limit is 55 MPH.
 

Travis01

Junior Member
The violation was speeding and the charge was "Posted: 50 clocked: 60 detected by: front moving".

I believe I was doing 55mph in a 55mph speed limit zone. How I know there isn't a 50mph speed limit zone is that I ended up driving the area probably another 10+ times looking for speed limit signs with my friends and I even video taped it twice only to find that the speed limit signs go from 70mph down to 55mph and further down it dropped to 45mph until it bottoms out at 35mph in town.

The officer wrote me the ticket for doing basicly 10mph over the speed limit (which cost more $$ = 60mph in a 50 vs 60mph in a 55). If the officer did in fact clock me at 60 is it legal for them to be able to change the ticket from 60 in a 50 to 60 in a 55 and still charge me? Which would make this current ticket invalid and would they write me another ticket on the spot? To me it just doesn't seem logical.
 

OHRoadwarrior

Senior Member
TX has uniform speed limits on roads, absent a posted sign. I assume that is where 55 came from. At least I believe that was the law, when I lived there. Of course I lived there when you could pass a deputy sheriff doing 95 and he never batted an eye because he was doing 90.
 

Travis01

Junior Member
The ticket itself says nothing about a "statue charged" nor does it say how he measured my speed. I did however see a speeding cop car with its lights on going the other direction when I was entering town and I of course pulled over to the side of the road as he passed by and I never saw another cop car following me nor following the speeding cop so I can only assume he tagged me from a side road and threw on his lights as he caught up to me.

It does say that the incident was video taped which I was curious as to if I could get a copy of that as well.
 

HighwayMan

Super Secret Senior Member
The ticket itself says nothing about a "statue charged"
Of course it doesn't. Statues have nothing to do with this situation. The Captain is trying to give legal advice yet doesn't even understand the basics apparently.
 

Travis01

Junior Member
I just wanted to give an update as today I went to pre-trial.

I sat down with the prosecutor today and as of right now she is waiting to see the video tape from the police officers car to verify I was traveling in the direction I stated to her and if so the ticket will be thrown out. So now just to wait for a phone call I guess to see if I will be required to go to a trial by judge.

I do appreciate all the information you guys have posted. :D
 

HighwayMan

Super Secret Senior Member
Perhaps you can explain why your direction of travel in and of itself will get the ticket thrown out.
 

HighwayMan

Super Secret Senior Member
For some reason I got this thread confused with another speed thread. I withdraw my question!
 

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