speeding ticket in TX

[ArmyWife05]

What is the name of your state?What is the name of your state? TX

I was driving on a 2 lane highway behind probably 8-10 cars, with me being the last car. Everyone started braking and that's when I saw a state trooper coming in the opposite direction. He did a U-turn and naturally pulled me over.

The trooper starting off with asking me if I was in a hurry. I said no and so he asked where I was going to. I said Ft. Hood and he proceeded to ask me why. I told him there was a hail and farewell for my husband's company and he asked who was leaving. I responded with "people I dont know" (I'm new to the military life & my husband just changed units so I really didnt know anyone). I dont know why he felt the need to ask me all these questions and then asked me to step out of my car and wait by the road. I had a friend with me in the passenger seat that was just confused by the entire situation.

Where I was pulled over was in a stretch in a construction zone where they are expanding the highway. Since it was after 5pm, it's assumed workers are gone and he pointed about 25-30 ft away to the left that they were some present (the way the construction is...there's 2 lanes presently [one for each direction], a large patch of grass about 15-20 ft in width, and then construction for the new roads. So needless to say, he gave me a speeding ticket for 77 in a 55 workzone with workers present.

My issue is I know for sure I wasnt going that fast. The road winds around quite a bit plus there were 8 cars in front of me so he probably nabbed me because I was last in line. What are the chances of him clocking my car while driving by a line of cars? Also, what constitutes as "workers being present"? Not to trivialize the situation, but when I'm driving, I'm concentrating on whats in front of me, not 25-30 ft to my left.

I am contesting it and I'm wondering what would be the chances at least getting the ticket reduced if not dismissed? Also just moving to TX from MA, I'm wondering if some of the same laws still apply such as dismissing the case of the trooper does not appear in court or if first time offenses do not affect your points?

Thank you.

[Jack_David]

Here is a good website that has links to different states and thier speeding laws.

[url]http://www.mit.edu/~jfc/laws.html[/url]

Texas is one of the few states in where the law is worded so that driving over the speed limit in and of itself is not illegal.

[url]http://www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.351.00[/url]

§ 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator
may not drive at a speed greater than is reasonable and prudent
under the circumstances then existing.

In Texas you can also request a trial by jury, so if you want to fight this definately plead not guilty and request a trial by jury. I'm told alot of states wont allow you to have a trial by jury for traffic tickets, IMO that is wrong.

Anways its always good to plead not guilty and request a trial by jury for any ticket. If you just plead guilty then you have already lost. By pleading not guilty then they have to decide if wasting their time and resources to get your fine is worth it, there is a chance that they will just dismiss it.

However if they do decide to go to trial, they will use the fact that you were going over the speed limit as evidence that your speed was unreasonable.

§ 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in
excess of the limits established by Subsection (b) or under another
provision of this subchapter is prima facie evidence that the speed
is not reasonable and prudent and that the speed is unlawful.

However if that is the only evidence that they have on you then chances are good that a jury would let you go. 70ish-80ish on the freeways is uncommon.