Texas, 90 in a 70, any chance at prima facie defense?

[chedlin]

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

I just got a BMW M3 (new to me, not new) and was going a bit too fast on the 2nd day with dry pavement since I had owned it.

The officer came onto the road behind me and kept his distance. I spotted him in my rear view mirror way too late, and immediately slowed to the speed limit. After about 30 seconds he sped up, pulled in behind me, waited some more, and then turned on his lights.

He clocked me going 90, and I sadly believe that was accurate. He was a quarter to half mile behind me, and there were no cars for him to pass to catch me. He accelerated to a very high speed to close the gap, I believe probably over 100 mph.

The tollway was straight and had 4 lanes in my direction in this section. I had stopped speeding so there was no longer any need for the officer to go 100 mph, yet he did. I believe he did so because he felt it was safe given the traffic.

The officer claimed I was on the tail end of rush hour traffic and marked moderate on the ticket, but that had more to do with the time (7pm) than anything else. The traffic on these toll roads is generally light at all times.

He also indicated this was one of the slower tickets he had given to an M3 driver.


This is my first ticket in over 4 years, and I haven't had a ticket that wasn't dismissed in over 10. I can get this ticket dismissed for $108 in court costs plus a $25 online defensive driving course. The standard fine is $250, and I know the judge and jury could hit me with $500 if I loose. Do I have way too much to loose not to just go this route? How would I go about this if I choose to fight? Would I want to try to talk to the prosecutor, get a lawyer (cost more than the defensive drivng route)?

 

[Zigner]

What is your defense?

 

[chedlin]

In Texas it is unlawful to drive faster than it is reasonable and prudent. It is prima facie evidence that the speed is not reasonable and prudent if over the posted speed limit, but my understanding is that leaves room to fight.

The behavior of the officer, not considering my speed unsafe enough to pull me over immediately, going as fast as he did without lights, etc, seems to reinforce my belief that there was NOTHING unsafe about my speed.

I am not a lawyer and I don't want to go in and have the Justice of the Peace decide that any arguments I make are pointless, and hit me with the maximum fine.

The actual statues:

SUBCHAPTER H. SPEED RESTRICTIONS

Sec. 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.

(b) An operator:

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:

(1) the operator is approaching and crossing an intersection or railroad grade crossing;

(2) the operator is approaching and going around a curve;

(3) the operator is approaching a hill crest;

(4) the operator is traveling on a narrow or winding roadway; and

(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.109, eff. Sept. 1, 1997.


Sec. 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.

(b) Unless a special hazard exists that requires a slower speed for compliance with Section 545.351(b), the following speeds are lawful:

(1) 30 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley;

(2) 70 miles per hour in daytime and 65 miles per hour in nighttime if the vehicle is a passenger car, motorcycle, passenger car or light truck towing a trailer bearing a vessel, as defined by Section 31.003, Parks and Wildlife Code, that is less than 26 feet in length, passenger car or light truck towing a trailer or semitrailer used primarily to transport a motorcycle, or passenger car or light truck towing a trailer or semitrailer designed and used primarily to transport dogs or livestock, on a highway numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market road;

(3) 60 miles per hour in daytime and 55 miles per hour in nighttime if the vehicle is a passenger car or motorcycle on a highway that is outside an urban district and not a highway numbered by this state or the United States;

(4) 60 miles per hour outside an urban district if a speed limit for the vehicle is not otherwise specified by this section; or

(5) outside an urban district:

(A) 60 miles per hour if the vehicle is a school bus that has passed a commercial motor vehicle inspection under Section 548.201 and is on a highway numbered by the United States or this state, including a farm-to-market road;

(B) 50 miles per hour if the vehicle is a school bus that:

(i) has not passed a commercial motor vehicle inspection under Section 548.201; or

(ii) is traveling on a highway not numbered by the United States or this state; or

(C) 60 miles per hour in daytime and 55 miles per hour in nighttime if the vehicle is a truck, other than a light truck, or if the vehicle is a truck tractor, trailer, or semitrailer, or a vehicle towing a trailer other than a trailer described by Subdivision (2), semitrailer, another motor vehicle or towable recreational vehicle.

 

[chedlin]

Given that I can take the driver safety course, I would just be stupid to chance fighting this, wouldn't I? I'll just have to behave for a year, and get a good radar detector.

 

[gkisystems]

Given that I can take the driver safety course, I would just be stupid to chance fighting this, wouldn't I? I'll just have to behave for a year, and get a good radar detector.

That...or just speed up instead of slowing down the next time a cop is behind you. Would a Crown Vic really catch that M3? I doubt it. Just set it on cruise control around 120-130. By the time that cop puts down his doughnut, you'll be long gone.