Wrong posted speed on ticket

[pwgsx]

I live in Texas. As I was going to work, I was clocked going 60mph in a 45. Yea, I know but I over slept. As I got to work, I looked at the ticket and noted a mistake. The officer entered a 35 mph zone when in fact it is a 45. I drove by to doube check and it is 45 and not 35 as he had stated on the ticket.
There was a school zone with lights flashing and which I drove the exact 20 mph, then the line marking the end school zone and 1/4 mile down there was the 45 mph sign where I was going 60. He was another 1/4 mile down on a side street. Does the incorrect posted speed on the ticket give me grounds for dismissal, if anything I would be paying for 10mph over than I actually was ???? Or should I do defensive driving??

Originally Posted by pwgsx

I live in Texas. As I was going to work, I was clocked going 60mph in a 45. Yea, I know but I over slept. As I got to work, I looked at the ticket and noted a mistake. The officer entered a 35 mph zone when in fact it is a 45. I drove by to doube check and it is 45 and not 35 as he had stated on the ticket.
There was a school zone with lights flashing and which I drove the exact 20 mph, then the line marking the end school zone and 1/4 mile down there was the 45 mph sign where I was going 60. He was another 1/4 mile down on a side street. Does the incorrect posted speed on the ticket give me grounds for dismissal, if anything I would be paying for 10mph over than I actually was ???? Or should I do defensive driving??

It depends.

If the amount of the ticket is significantly different, then you may want to contest it (i.e., hire a lawyer and have a jury trial). This should cost you seven or eight thousand dollars to start with.

If, on the other hand, you want to plead guilty, have a defensive driving course and then have no points, it could be a lot cheaper.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Other people may give you other advice; stand by.

[loulblades]

My state: PA

Although I am not from Texas, I would think some things in front of a judge are similar. First off if you go in front of the judge, refrain from making excuses or testifying at all. It is pretty much a waste of time. Use technical perspectives. After the officer has testified that you were in a 45 mph zone it should not be difficult to prove that you weren't. (ie: traffic surveys, pictures, DOT info etc). If the officer gives enough info to indicate where you were, no questions are necessary however you may need to ask the officer to indicate on a map exactly where you were. Once the officer is finished with his testimony (ie: prosecution rests), ask for a dismissal of the charges and present papers that show that there is no 35 mph limit in that area. Since that is what you were charged with then it must not be the case and it should be dismissed . Of course alot depends on the judge. There should be no reason for you to testify because you most likely will not gain anything. You certainly cannot dispute what the officer says that cannot be proven.

What seniorjudge said about dressing and addressing the court is good advice. Pissing off the judge is never a good idea.

One other thing, if you are asked by the judge how fast do you think you were going, if it would come to that, there is no point in giving a speed because you are testifying against yourself if you say you are going faster and disputing the officer if you don't. Saying "I couldn't say" or not sure is best or pleading the 5th IMHO.

All just my opinion based on personal experience.

Originally Posted by loulblades

...One other thing, if you are asked by the judge how fast do you think you were going, if it would come to that, there is no point in giving a speed because you are testifying against yourself if you say you are going faster and disputing the officer if you don't. Saying "I couldn't say" or not sure is best or pleading the 5th IMHO....

Unless there was a Constitutional amendment passed this afternoon that I knew nothing about, the Fifth Amendment does not apply during a guilty plea.

That's what you're doing: giving incriminating evidence!

[loulblades]

I was not referring to a guilty plea. Everything I was talking about had to deal with a "not guilty" plea.

[lwpat]

If you are able to sufficiently prove that it was a 45 mph zone then you are still speeding. The judge can allow the officer to ammend the ticket or the officer can simply issue a new one. Show up on your court date and see what they offer. If you plead not guilty and opt for a trial you are taking the chance of getting hit with maximum fines/court costs along with a 25mph over ticket. Your insurance company will appreciate the contribution.

You said "down a side street". It is quite possible that the speed limit on that street is 35. Speed limits do not have to be posted. States have maximum speeds for particular areas. Check the Texas driver handbook.

[pwgsx]

Can I e-mail anyone a copy of the citation. After looking at it in more detail, The officer didnt even sign it. Im not sure if he has to though, and on top of all that, it was a bike cop with this electronic ticket despencer, so I don't know if he actually needs to. A picture copy would be more helpful to get my point across.

Originally Posted by pwgsx

Can I e-mail anyone a copy of the citation. After looking at it in more detail, The officer didnt even sign it. Im not sure if he has to though, and on top of all that, it was a bike cop with this electronic ticket despencer, so I don't know if he actually needs to. A picture copy would be more helpful to get my point across.

The official copy of the ticket is in the courthouse or traffic violations bureau. What you got is an informational copy and is not part of the court file.

Thus, looking at a copy of the ticket is a waste of time.

Originally Posted by loulblades

I was not referring to a guilty plea. Everything I was talking about had to deal with a "not guilty" plea.

Apparently you know nothing about the legal system, which leads me to wonder why you are posting answers here.

If you plead not guilty, then you have a trial and can stand silent throughout the whole thing. The judge would not be asking you anything.

...One other thing, if you are asked by the judge how fast do you think you were going, if it would come to that, there is no point in giving a speed because you are testifying against yourself if you say you are going faster and disputing the officer if you don't. Saying "I couldn't say" or not sure is best or pleading the 5th IMHO....

[loulblades]

That may be the way it is supposed to go but if you are under the impression that all judges follow decorum and all police officers tell the truth, I would have to say that you are somewhat naive.

However, the question has and is presented if the judge has the desire to. This is especially true in PA where the only people at the hearing is the judge a police officer and the defendant.

BTW: I received my hearing notice yesterday for the current speeding ticket I have in my possesion.

[pwgsx]

Wouldn't the ticket that I have in my hands right now reflect the same information with the that they have including a signiture from me and the officer and the 35 speed instead of 45??

[pwgsx]

ok, I requested a court hearing. Since the requirements for defensive driving I could not be over 24 mph. I had no choice since I was said to be going 60 in a 35 which should be 45. Except for the ovious, hoping the cop does not show up, Should I argue to drop the whole charge or just have the ticket adjusted to 45 and then request defensive driving ??