sweettsinger
Junior Member
What is the name of your state (only U.S. law)? Texas
I recently got a speeding ticket in Austin, Tx on IH35 for doing "68" in a 55 zone. I plan on fighting the ticket because a)I know I was only 7 miles over the speed limit and b) I was in the slow lane and simply keeping up with the flow of traffic in that lane. The other two lanes were going considerably faster. c) I am a serious driver and do not have ANY speeding violations on my 40 year record. d) the officer was rude and first told me that I was doing 70 mph. Later he changed it to 68. If he is willing to "lie" about that then what mmakes him credible.
I have read several articles and gleaned a couple of points that I think could be grounds for dismissal. Please give me your opinion.
First, in Texas, as in most states, the basic speed law would prevail. I have since traveled the same area at multiple times and the only time(s) traffic was flowing equal to or slower than the posted speed limit was during peak times and in most of those times traffic was very, very slow. I have documented dates, times, my relative speed, my distance in car lenghts from the vehicle in front of me, weather conditions etc.
Secondly, the officer failed to put the violation code on the ticket. Is it accurate to say that I could not prepare an adequate defense since the code was not present. I should note that when I received a response from the court to my request to appear it stated that the violation was " Speeding on State Highways " and again no violation code.
I guess the reason I want to fight the ticket is that I was in the right ( at least in my mind). Thank you in advance for your input!
I recently got a speeding ticket in Austin, Tx on IH35 for doing "68" in a 55 zone. I plan on fighting the ticket because a)I know I was only 7 miles over the speed limit and b) I was in the slow lane and simply keeping up with the flow of traffic in that lane. The other two lanes were going considerably faster. c) I am a serious driver and do not have ANY speeding violations on my 40 year record. d) the officer was rude and first told me that I was doing 70 mph. Later he changed it to 68. If he is willing to "lie" about that then what mmakes him credible.
I have read several articles and gleaned a couple of points that I think could be grounds for dismissal. Please give me your opinion.
First, in Texas, as in most states, the basic speed law would prevail. I have since traveled the same area at multiple times and the only time(s) traffic was flowing equal to or slower than the posted speed limit was during peak times and in most of those times traffic was very, very slow. I have documented dates, times, my relative speed, my distance in car lenghts from the vehicle in front of me, weather conditions etc.
Secondly, the officer failed to put the violation code on the ticket. Is it accurate to say that I could not prepare an adequate defense since the code was not present. I should note that when I received a response from the court to my request to appear it stated that the violation was " Speeding on State Highways " and again no violation code.
I guess the reason I want to fight the ticket is that I was in the right ( at least in my mind). Thank you in advance for your input!
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