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Old 03-08-2009, 01:34 AM
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Join Date: Mar 2009
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Speeding Ticket With Wrong Violation Address


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

After looking at my ticket for errors I noticed that the location of the violation address is completely wrong. The location is almost on the other side of town and no were near the address on the ticket were I was "speeding"

I've heard mix remarks regarding this and was even total by one local police officer that it could be dropped. While another one said it won't hold up and I'll end up paying.

I still decided to plead not guilty and take this to court. I'm kinda concerned now that if I lose I just waived my right to plea deferred adjudication since I plead not guilty.

Info regarding the ticket:
I got clocked less than 50 yards from a 55mph to 60mph sign change going 67mph. Other factors include I was driving in a sunset and I'm sure we've all been there you can't hardly see anything in front of you even with the visor down. I was concentrating on the road more than my speedmeter. I went back to the scene and the sign that is 55MPH (approximately 1/4 mile before the 60MPH sign) was twisted/damaged and facing in a direction of a field. Any driver driving down this road (including myself) could not visibly see it.

With the information provided do I even stand a chance in court. And also if I change my mind and plead guilty to I still have the option before my court date with deferred adjudication?

I appreciate the advice.
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Old 03-09-2009, 10:30 AM
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Join Date: Aug 2008
Location: Back in LA LA land
Posts: 1,690
Quote:
Originally Posted by BrabusDesigns View Post
After looking at my ticket for errors I noticed that the location of the violation address is completely wrong. The location is almost on the other side of town and no were near the address on the ticket were I was "speeding"

I've heard mix remarks regarding this and was even total by one local police officer that it could be dropped. While another one said it won't hold up and I'll end up paying.
The location of the violation is in fact an important aspect to having it stick. However, unless you can find the Texas law that states that you’d be hard pressed to get a dismissal.

Quote:
Originally Posted by BrabusDesigns View Post
I got clocked less than 50 yards from a 55mph to 60mph sign change going 67mph/
And????

Quote:
Originally Posted by BrabusDesigns View Post
I was driving in a sunset and I'm sure we've all been there you can't hardly see anything in front of you even with the visor down.
A lousy excuse… So if you happened to run into another vehicle that was in front of you, it wouldn’t be your fault? Blame it on the sun, your honor!

Additionally, the fact that you COULDN’T SEE IN FRONT OF YOU is more reason to SLOW DOWN!!!

Quote:
Originally Posted by BrabusDesigns View Post
I was concentrating on the road more than my speedmeter.
Another lousy excuse… It is your responsibility as a driver to ensure that you are driving at or near the speed limit without exceeding it. This also contradicts your earlier claim that you couldn’t see in front of you… Meaning you had more time to glance at your speedometer, but you didn’t!

Quote:
Originally Posted by BrabusDesigns View Post
I went back to the scene and the sign that is 55MPH (approximately 1/4 mile before the 60MPH sign) was twisted/damaged and facing in a direction of a field. Any driver driving down this road (including myself) could not visibly see it.
You were clocked doing 67 in 60. So the 55mph sign has no bearing or effect on the fact that violated the 60mph speed limit!!!
Either way you look at it, and unless Tx is one of those state that has an allowance over the speed limit before you can be cited, 67 in 60 or 67 in 55 is still speeding!

Quote:
Originally Posted by BrabusDesigns View Post
With the information provided do I even stand a chance in court. And also if I change my mind and plead guilty to I still have the option before my court date with deferred adjudication?
You were doing just fine with the error in the citation… The rest of the stuff that you offered is useless. And might irritate the court instead of earning you any points towards a dismissal.
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"Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin

Last edited by I_Got_Banned; 03-09-2009 at 10:37 AM.
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