Unsafe Speeding Ticket in TX

[buddy1992]

What is the name of your state? TX

In a couple of weeks, I have a pre-trial conference for a ticket for "Unsafe Speed." I was approaching an intersection driving 35 MPH when the light turned yellow. (There was an officer clearly visible setting in the median.) I sped up to 40 MPH and cleared the intersection. (The speed limit is 40 MPH.) When the officer pulled me over, I asked if I ran the light, he replied "no." I then asked him why he stopped me. He replied "unsafe speed." I asked "How fast was I going?" He replied 40 MPH. He told me that anyone accelerating into an intersection on a yellow light can be cited for unsafe speed.

The ironic thing is that the fine for Failure to Control Speed is $270. The fine for 16-25 MPH in excess of posted speed limit is only $235. I would have been better off going 65 MPH through this intersection.

Do I have a leg to stand on here? Section 545.351 of the Texas Transportation Code states:

(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;

Any advice would be appreciated.

"...I was approaching an intersection driving 35 MPH when the light turned yellow. (There was an officer clearly visible setting in the median.) I sped up to 40 MPH and cleared the intersection. (The speed limit is 40 MPH.) When the officer pulled me over, I asked if I ran the light, he replied "no." I then asked him why he stopped me. He replied "unsafe speed." I asked "How fast was I going?" He replied 40 MPH. He told me that anyone accelerating into an intersection on a yellow light can be cited for unsafe speed...."

The officer probably could've chosen several different things to write you for. You are lucky you got only one ticket.

From your description of the facts, however, you are charged with the correct thing.

A yellow light means slow down and proceed with caution. You did just the opposite.

[buddy1992]

So from what you posted, I gather my problem is the acceleration. I'm quite sure I would have cleared the light without accelerating. Also, I'm quite sure that had I tried to stop by slamming on the brakes, I would have ended up stopped IN the intersection.

So, the acceleration is the key here, right?

Originally Posted by buddy1992

So from what you posted, I gather my problem is the acceleration. I'm quite sure I would have cleared the light without accelerating. Also, I'm quite sure that had I tried to stop by slamming on the brakes, I would have ended up stopped IN the intersection.

So, the acceleration is the key here, right?

I answered that in my prior post.

[buddy1992]

Thanks for the replies...they were a lot of help. (NOT!)

After the pretrial conference with the prosecutor, I hired a local attorney that specializes in traffic tickets. The cost was $300...a whopping $30 more than the $270 ticket.

The ticket was dismissed yesterday at docket call (I was not present). My attorney told me that they dismissed because of several reasons, the main reason being they had a VERY weak case at best. I elected a jury trial, and no jury is going to convict someone for "unsafe speed" who is going the speed limit on a clear and sunny day, even if they did accelerate into an intersection.

The reason I came back to post is this:

GET SOME REAL LEGAL ADVICE, DON'T LISTEN TO THE YAHOOS ON HERE.

Keep on increasing your speed going through intersections and eventually youll be killed or kill someone else! NOT!

[buddy1992]

Stupidity? I think the stupid person here was the officer who thought I'd pay this ridiculous ticket. I would have fought this on principle had the cost been $1000 versus $300. The question one must ask here is stated in the Texas Transportation Code...was my driving reasonable and prudent under the conditions? My answer (and my attorney agreed, oh yeah, so did the prosecutor) is yes. I saw the cop a half mile before I got to the intersection. Anticipating the light turning, (with a cop clearly visible) I had slowed down as I approached. Right as I got to the intersection, the light turned yellow. I could have cleared the intersection before red even if I had not increased my speed. Had I slammed on my brakes, I would have probably ended up stopped in the middle of the intersection (or rear-ended by the car behind me.) By increasing my speed (up to the speed limit), I simply cleared the intersection faster.

BTW, I have nothing on my driving record, and plan to keep it that way. So your insinuation that I'm a reckless driver is completely unfounded. I was just looking for a little "free advice" here and got exactly what I paid for...NOTHING.