Speeding Ticket?
I was pulled over on 290 frontage road in Austin doing 54 in a 45. I didn't realize it was a 45 because there's no damn sign posted. The cop wrote in the violation "Speeding 54 / 45" but at the bottom wrote "Alleged Speed: 50" and then "Speed Limit: 45"...
I've never gotten a ticket in texas before.. Can I fight this? |
Originally Posted by Mordacity
(Post 2934764)
I was pulled over on 290 frontage road in Austin doing 54 in a 45. I didn't realize it was a 45 because there's no damn sign posted. The cop wrote in the violation "Speeding 54 / 45" but at the bottom wrote "Alleged Speed: 50" and then "Speed Limit: 45"...
I've never gotten a ticket in texas before.. Can I fight this? However, here's a few things to consider. If you just pay the ticket then there's a 100% you have to pay. That's rather obvious. Your only chance of having it dismissed is to show up in court. If you can show that you were stopped prior to a 45 mph sign then you might have a case. Only way to do so is to get a copy of the police report and take lots of pictures. In some states, if the cop is a no show the judge will throw the ticket out. So yes, you can fight the ticket and in doing so learn something about the judicial system. |
Like he said you can try but if the cop shows your done.
Good luck! |
thats why you always ask "can i see the radar?"
go to court ask for a defferment, the prosecuter will prolly knock the ticket down to a nonmoving violation, pay the small fine, get the 90 probation, stay clean and dont speed |
I know ignorance of the law is no excuse - but it doesn't make it right either. Austin specifically in that area has a lack of speed limit signs.. I never drive over there :(
He said he radar'd me and checked the box on the ticket, I knew how fast I was going, but I didn't know what the speed limit was. :\ I'm just concerned about the differences on the ticket mostly, I'm going to court for it regardless. |
Originally Posted by Mordacity
(Post 2935422)
I know ignorance of the law is no excuse - but it doesn't make it right either. Austin specifically in that area has a lack of speed limit signs.. I never drive over there :(
He said he radar'd me and checked the box on the ticket, I knew how fast I was going, but I didn't know what the speed limit was. :\ I'm just concerned about the differences on the ticket mostly, I'm going to court for it regardless. |
If you want to fight this, here are a few points of info:
1) Always say "yes sir/ma'am" when speaking to the judge. 2) Look professional. Don't show up in shorts and flip flops. Just something you might wear to church. 3) Be respectful and don't get defensive. Don't blame the cop or anything like that. Just explain that you never saw a sign and thought you were doing the speed limit. 4) Stay calm and don't be nervous. The worst thing that can happen is you're found guilty and have to pay the ticket. I know this all sounds like common sense, but you would be amazed how many people don't realize this stuff. I do IT consulting for courts all across TX and deal with judges on a daily basis and hear them talk all the time about how they might have let someone off, but they came in looking unprofessional or were rude. Almost every judge I've worked with has been willing to work with people if they're polite and professional. You may not get the whole thing dismissed, but probably probation and reduced fine. Good Luck! |
....or just take defensive driving and call it done, and get a discount on your insurance to boot. :dunno:
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Originally Posted by canaryrx8
(Post 2936282)
....or just take defensive driving and call it done, and get a discount on your insurance to boot. :dunno:
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Originally Posted by canaryrx8
(Post 2936282)
get a discount on your insurance to boot. :dunno:
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Originally Posted by Creto
(Post 2936995)
I thought it was one or the other, but not both
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Originally Posted by Grungepup
(Post 2934941)
thats why you always ask "can i see the radar?"
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Originally Posted by Mordacity
(Post 2934764)
I was pulled over on 290 frontage road in Austin doing 54 in a 45. I didn't realize it was a 45 because there's no damn sign posted. The cop wrote in the violation "Speeding 54 / 45" but at the bottom wrote "Alleged Speed: 50" and then "Speed Limit: 45"...
I've never gotten a ticket in texas before.. Can I fight this? |
Originally Posted by Toxic Gecko
(Post 2938861)
Did the cop ask you how fast you were going? If you answered anything such as "about 50" or something like that, then that might be where the "Alleged Speed: 50" that he wrote on the ticket came from.
What I am asking is, since I have never gotten a ticket in Texas, Is the alleged speed what *I* said I was doing? Or is it something completely different? It's all I want clarification on. |
I'm a Geek. Deal with it. :)
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Originally Posted by canaryrx8
(Post 2936282)
....or just take defensive driving and call it done, and get a discount on your insurance to boot. :dunno:
Also for what it's worth, there are some people (including cops) where it doesn't matter how nice to them you are, they'll still treat you like crap. |
Originally Posted by Huey52
(Post 2945466)
Well now, if you presented the same attitude to the cops as you are to the folks here who are trying to help you, I'm not surprised ........
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Originally Posted by canaryrx8
(Post 2945578)
eeezy peezy, and besides, if you do an actual class (I usually just use an online site and do it over a few days) you can get some clarification on some of these things by bombarding the instructor, they have several places where you go spend a Saturday and you're done. if I was accredited I could teach you as many times as I've been through it :lol: There are a lot of shady places around here where if you don't know the laws etc., it's very confusing what the speed limit is, maybe that's done on purpose but in all honesty, Austin has a bunch of dumbasses running the show so it's probably not, probably just an oversight.
Also for what it's worth, there are some people (including cops) where it doesn't matter how nice to them you are, they'll still treat you like crap. |
Originally Posted by jmc23200
(Post 2945436)
I'm a Geek. Deal with it. :)
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Originally Posted by Mordacity
(Post 2946224)
<3 Canary. I'm going to take the driving class probably regardless of what happens with the ticket. *shakes fist at the crazy ass Texas laws*. I'll take my California State Troopers over these jackasses lol... I'll probably ask them when I go get my license changed over.. maybe they'll know what the difference is :(
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Originally Posted by canaryrx8
(Post 2936282)
....or just take defensive driving and call it done, and get a discount on your insurance to boot. :dunno:
|
oh. u failed... don't ever ADMIT anything, especially more than 10% or 3mph over the posted speed.
Sir do you know why you are pulled over? Just say, no sir, can i help you officer? or just beat the officer by saying as he come up. How can i help you officer? NEVER ADMIT GUILT, u can't fight it anymore. |
And yet still.. the question hasn't been answered lol.. I'm sure someone knows the answer to my question
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Originally Posted by Mordacity
(Post 2947597)
And yet still.. the question hasn't been answered lol.. I'm sure someone knows the answer to my question
question? where? |
Originally Posted by Huey52
(Post 2935452)
Nope, doesn't make it logically right, but again it doesn't have to be posted to still be the law.
So, your 'defense' can't be 'it wasn't posted.' You've still got a good chance of getting this one reduced or dismissed. Most judges will throw out tickets if the case involves improper (or complete lack of) signage. So it's worth it to check the area from where you got on the road to where you were lit up/pulled over for signs and take a video of the stetch if none exist. But then, I have no idea how Texas handles that crap. Nor do I know what the "blanket speed limit laws" nonsense is all about. You two get along now. I don't like 2 good people arguing over silly shit. |
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