Mordacity

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?

Flashwing

Of course you can fight it! You can fight any ticket as its your right. Whether or not you have a strong case against the ticket is another story.

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.

DOMINION

Like he said you can try but if the cop shows your done.
Good luck!

Grungepup

iTrader: (2)

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

Mordacity

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.

jmc23200

If he radared you, he would have an exact speed down. Not 54 and alleged speed of 50. I would fight it mainly to get the ticket price dropped down. if you are lucky the judge will throw out the ticket for you going +5 miles over the speed limit, in my experience they will see the cop as harassing you when they do this.

KWarner04

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!

canaryrx8

iTrader: (3)

....or just take defensive driving and call it done, and get a discount on your insurance to boot.

jsjjr

iTrader: (1)

This.

Creto

I thought it was one or the other, but not both

JoeHawk

iTrader: (1)

It's both. Been there, done that!

Toxic Gecko

You can always ask, however, the cop does not have to show it to you. They are (in most states) not even required to lock your speed on the display. When you are sitting on the side of the road, your speed has most likely already been cleared from the radar or never "locked" in to begin with. Most departments now have camera systems in their vehicles. Most of these camera systems are tied in with the radars. Your speed will be displayed on the video tape. If you want to see your speed bad enough, it can be brought in for court.

Toxic Gecko

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.

Mordacity

I actually told the cop I was doing 55, as I was very aware of how fast I was going.. I wasn't trying to hide it. I'm not going to use the "It wasn't posted" defense, I'm not an idiot, so please keep your "ignorance doesn't make it right" comments to yourself. I was merely stating that the speed limit was not posted in the area. I'm not from Texas, so these "blanket speed limit laws" make absolutely no sense to me, and honestly seems like a way for cops to boost their ticket counts for the month. I wasn't rude to the cop, minded my P's and Q's, used sir and what have you. The cop actually silenced me at one point, simply because I was asking for clarification on what he was saying to me. He also threw in the "you better be careful on 290 and Ed Bluestein because I catch a lot of drunk drivers over here", and his tone was that of "you probably drink and drive, I'll catch your ***." The two other officers that were there (great job on needing 2 cop cars to pull people over, Texas!) were incredibly nice and even said that the other two citations would be thrown out as long as they were fixed (no proof of insurance, couldn't find my date book in my car since i just moved and driving with a CA drivers license.) I also asked for clarification on the 30 days for drivers license. The DMV (tax office or whatever it is here) said that I had 30 days from registering my car and when I said that to the cop, he acted like I had just brutally murdered his dog in front of his kids or something, and basically screamed at me that it was 30 days from moving here. *AMAZING* job on communication and clarification...

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.

jmc23200

I'm a Geek. Deal with it.

canaryrx8

iTrader: (3)

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 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.

Mordacity

Aw you're so cute.

Mordacity

<3 Canary. I'm going to take the driving class probably regardless of what happens with the ticket. *shakes fist at the crazy *** 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

Mordacity

win.

canaryrx8

iTrader: (3)

I would definitely recommend a classroom environment then, if you take it online (I use www.defensivedriving.com) it's very generic and vague, it really doesn't get into specifics, if you take an actual class I've found it to be more tailored towards here and tuned to our state laws and such. Sucks you got a ticket by the way, last one I got was in sunset valley for an "illegal lane change", I basically forgot to signal on an empty brodie lane at 12am, guy was just as awesome as your guy too.

Roariee

Yep, in Texas if its your first, it comes off the record and your good to go. This is the best option.

xsnipersgox

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.

Mordacity

And yet still.. the question hasn't been answered lol.. I'm sure someone knows the answer to my question

Roariee

wait, whut?

question? where?

dmc27

I actually disagree . . . kind of . . .

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 ****.