Texas Speeding Ticket - Prima Facie Question

[joethomas_2]

What is the name of your state? Texas

Hello, I recieved a ticket on a dry, clear, and daytime day in Texas. The Speed Limit was 55, but I was doing 70. The area was outside of any city. I know that the statutes in Transportation Code 545.352(b)(2) state that these are 70 mile per hour zones. Does anyone think that I have a chance arguing the statutes here?What is the name of your state?

 

[Zigner]

What is the name of your state? Texas

Hello, I recieved a ticket on a dry, clear, and daytime day in Texas. The Speed Limit was 55, but I was doing 70.

Does anyone think that I have a chance arguing the statutes here?What is the name of your state?

Not me.....

 

[JustAPal00]

What is the name of your state? Texas

Hello, I recieved a ticket on a dry, clear, and daytime day in Texas. The Speed Limit was 55, but I was doing 70. The area was outside of any city. I know that the statutes in Transportation Code 545.352(b)(2) state that these are 70 mile per hour zones. Does anyone think that I have a chance arguing the statutes here?What is the name of your state?

Reading the law, I have one question. Where exactly did it happen?

 

[Zigner]

Reading the law, I have one question. Where exactly did it happen?

OP makes it SEEM that there was a posted sign for 55 mph. Doesn't matter "where" it happened in that case

 

[JustAPal00]

OP makes it SEEM that there was a posted sign for 55 mph. Doesn't matter "where" it happened in that case

Here is the statute, the reason I asked exactlly was to determine if it was a state or federal numbered highway!

§ 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.

Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,
§ 2 and Acts 1999, 76th Leg., ch. 739, § 1
(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;

Trying to read this is the perfect example of why we need to shoot all attorneys and write our laws in english!

 

[joethomas_2]

It happened on US 59 in an area outside of a town. I was not sure how to apply the statutess. It is my understanding of the law that Texas Speed Limit signs are Prima Facie, and I kinda guess like a suggested speed? The area was most certainly was non urban. I have pictures that I took of the area for court if I go? There were no buildings, and only trees in the area of my citation. Do you still think I have a chance here? Thanks guys for all the help here.

 

[The Occultist]

It is my understanding of the law that Texas Speed Limit signs are Prima Facie, and I kinda guess like a suggested speed?

Please look up what Prima Facie means. Please.

 

[joethomas_2]

I am not a lawyer. I have never heard "Prma Facie" used besides in this context. I was wondering how hard it is to prove my speed was "Reasonable and Prudent"? I am sorry I did not know what that word meant!

 

[The Occultist]

If you were traveling a speed faster than what a properly posted sign indicated, then that is Prima Facie evidence that you were indeed NOT traveling at a reasonable and prudent speed. The only way you could prove that you were traveling at a speed that was reasonable and prudent would be to prove that the actual legal speed limit was somehow different from the posted limit. My guess is it ain't gonna happen.

 

[pro_se]

If you were traveling a speed faster than what a properly posted sign indicated, then that is Prima Facie evidence that you were indeed NOT traveling at a reasonable and prudent speed. The only way you could prove that you were traveling at a speed that was reasonable and prudent would be to prove that the actual legal speed limit was somehow different from the posted limit. My guess is it ain't gonna happen.

The Law here states:
"§ 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.

Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,
§ 2 and Acts 1999, 76th Leg., ch. 739, § 1
(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;"

The Poster above posted the law already. It is their if you want to read it. To me there is a case if this happened in a rural area. The OP even quoted the correct law to read. That is just my two cents.

 

[The Occultist]

The Law here states:
"§ 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.

Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,
§ 2 and Acts 1999, 76th Leg., ch. 739, § 1
(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;"

The Poster above posted the law already. It is their if you want to read it. To me there is a case if this happened in a rural area. The OP even quoted the correct law to read. That is just my two cents.

§ 545.353. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION
TO ALTER SPEED LIMITS. (a) If the Texas Transportation Commission
determines from the results of an engineering and traffic
investigation that a prima facie speed limit in this subchapter is
unreasonable or unsafe on a part of the highway system, the
commission, by order recorded in its minutes, and except as
provided in Subsection (d), may determine and declare:
(1) a reasonable and safe prima facie speed limit; and
(2) another reasonable and safe speed because of wet
or inclement weather.
(b) In determining whether a prima facie speed limit on a
part of the highway system is reasonable and safe, the commission
shall consider the width and condition of the pavement, the usual
traffic at the affected area, and other circumstances.
(c) A prima facie speed limit that is declared by the
commission under this section is effective when the commission
erects signs giving notice of the new limit. A new limit that is
enacted for a highway under this section is effective at all times
or at other times as determined.

What this says to me is that 545.352 is trumped by lawfully erected signs indicating otherwise, which was exactly what I said. So if there was a sign posted indicating a lower speed, then OP is completely in the wrong. The OP stated in the original post that the "speed limit was 55", which says to me that he did indeed see a sign indicating the actual speed limit.

 

[Zigner]

The OP stated in the original post that the "speed limit was 55", which says to me that he did indeed see a sign indicating the actual speed limit.

Sounds that way to me too