User Panel
Posted: 12/23/2005 3:44:55 PM EDT
To make a long story short I was driving inbetween Corrigan and Livingston towards Houston and a State Trooper pulled me over. According to him I was going a consistant 79mph and ask me if I saw his light that was used to "positively identify me". He claimed that he shined his spotlight through my cab and over my car. The reason he asked me this was to respond to my question of "When did you radar me?" Well I never saw any light what so ever (he was going north bound as I was heading south) and the only time I ever remember going 79 was around the same time and area he would have radared me in which I was passing a swerving 18 wheeler that was acting quite drunk and sleepy. I went about 30-40yrds before slowing back down. After politely responding to the officer and being sent on my merry way I replayed the events and do not think that either a.) I was the one he caught seeing as I never saw the spotlight hit me in my face and cab of my car and/or b.) if I was that individual I felt I had a right to accelerate to safely pass an unsafe truck and trailer.
Sooo...Im asking for advice from anyone who knows how to successfully make a case and successfully contest a speeding ticket assuming the officer shows up in court? Thanks edit - typo. I promise it was a 19 wheeler! Im not as think as you drunk I am occifer |
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I always like to take an extra glass out of the glove box and invite the officer to have a belt with me.
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If you did it, be a man and take your punishment... this country is going to shit because people try to use slick lawyers tricks to avoid personal responsibility. Just my 2 cents worth.
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Understandable as well as the other gentlemens passionate post, but I thought legally you had a right to accelerate to pass a vehicle? |
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No, this country is going to shit because everyone wants the government to meet all of their needs for housing, health care, food, clothing, heat and protection. Fighting a traffic ticket in court (even if you lose the case) can mean the difference between paying a one time fine or paying an on going fine in terms of insurance premiums that went up because of points that went on your license. |
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Not comeing down on ya, but if you speed, just pay it. Its TX, do the deferred payment thing, and if not ticket for 3 months, it doesnt go on your record. |
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Accelerate all you want, but if you go over the posted speed limit, its speeding. Stupid yeah, but hey. |
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Damn, and i wasnt going to get in involved in another one of these "get me out of a ticket" threads. |
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so just have fun and start giving bad humorous advice |
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Speeds are WAY too low on the highways. Who cares if he was doing 79? Was he killing someone? I'd try to get out of it too. There's no reason for it. |
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No reason for following the posted speed limit. I speed like crazy, but if I get busted I get busted and pay. Also, th LAW cares if he was going 79, and well, they count. |
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I read on ARFCOM that if you're in the fast lane, you can go however fast you want. It doesn't matter what the posted limit is. I got a speeding ticket in N TX (east of Amarillo). 81 in a 70. $168. Edit-TX Highway Patrol got me, too. |
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You're right, what was I thinking? Be a man, pay the fine so the cop doesn't have to show up in court, the city get's their money and the insurance company can jack your premiums through the roof, all in the name of enforcing and arbitrary speed limit. You go ahead and bear the full brunt of the legal system. Me, I'm going to try and get out of it by paying the least amount of money possible. |
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Someone posted somethign VERY wrong. |
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That's very admirable of you. I sure as hell am not going to just hand over the fine and pay the increased insurance rates without a fight, but you go right on ahead. Then again, I've never had a speeding ticket. |
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Well Im going to fight becuz I dont think it was right of him to give me a ticket, I would not have been speeding for 40yrds had there not been a drunk/sleepy/swurving 18 wheeler in the other lane, and some of my lane too.
One more question, lets assume this isnt good enough and I lose the case, can I still decided to do the defensive driving bit instead of paying or does that option disappear when I decide to fight? |
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What he did not beat you or take you to jail for reckless driving! What is this country coming to. Fight it all the way, the courts love it - they will respect you more the next time you show up. And the trooper will have more respect for you the next time he sees you driving. I'm sure he will think twice before pulling you over again. Also don't forget when you pay your max. fine, after being found guilty, to tell the court clerk just what you think of the judge, trooper and the system in general. That will show them. |
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Holy Moly - that must be the first time that ever happened here!! |
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Passing a swerving vehicle just does not seem safe. Better to stay behind it. |
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I just saw that. Yeah that does sound weird to pass an unsafe truck... Hmmmm, not something I would have done. He could have swerved into causing a bad accident. |
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Yes, as long as you don't violate the speed limit. If you have to go over the speed limit to pass someone, that means they were going the speed limit, and you shouldn't have passed. |
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Why should he? Merely driving over the speed limit is not illegal in Texas. |
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Okay here is some advice.
If you want to fight it obviously you should plead not guilty and request a trial by jury. Here is a cool link with speed limit laws of various states. www.mit.edu/~jfc/laws.html Texas is one of the few states where merely driving over the speed limit is not illegal. www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.351.00
What is illegal is driving at an unreasonable speed. But the prosecutor will try to use the fact that you were driving over the speed limit as evidence that your speed wasnt reasonable.
Hell as long as traffic allows it I think most people will agree that atleast 10mph over the speed limit if not more is reasonable. What was the speed limit where you were at? 70? IMO police who give out tickets for anything under 15mph over the limit are just trying for easy money for people who wont fight it. I've gotten 3 speeding tickets for going about that much over in my 7 years of driving. I paid off the first one because I was young and naieve. I later learned what the law was and then requested a trial by jury for the 2nd two that I got and the prosecutor decided not to take it trial. I didnt ask why but I'm sure it was because they were afraid of losing and knowing that it would have cost them more to pay a jury than for what the ticket would have got them anyways. |
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Tell that to the cop next time you get pulled over for speeding. I have heard that argument for years, and it doesnt mean shit to a judge. |
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Why should I? It would be pointless. I've always been respectful to the LEOs who have pulled me over and will probably continue to do so, however that doesnt mean jack shit, most have already made up thier mind and nothing you can say can change that. Better to just accept the ticket and fight it in court.
Who cares. Better to have a trial by jury anyways. |
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Texas should be easy to get out of:
1. there are no absolute speed limits in Texas unless you are a commercial driver 2. Texas law states that your speed must be "reasonable and prudent" 3. however is it prima facie evidence that you were speeding if you go faster than the posted limit (even 0.001 faster) 4. prima facie means that you might be able to beat the rap, but you can't beat the ride...in other words you got a ticket and you have the option to appear in court and fight it 5. to demonstrate reasonable and prudent you must factor in all aspects - driving conditions(sunny, wet, sand, traffic, etc), the condition of your car (brakes, etc) 6. lawyer up and remember this - if it is raining, snowing, etc - the posted speed limit doesn't mean dick - the cop can ticket you for not being reasonable and prudent even if you are going 1/2 the posted limit.... |
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damn I was about to post the law...didn't see OFFascist's post....
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He can tell the cop that all he wants - the state gives the cop the right to ticket anyway because of the prima facie clause - PF means "before closer inspection"....so you get the ticket but it leaves it open for fighting in court |
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Heaven forbid someone exercise his rights to the full extent because it might inconvenience the powers-that-be. |
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It clearly say, right there in your Texas laws link, that Texas does have speed limits:
and further down, it says here:
Subsection H seems to say they can raise it to 75 in some places, but that's still a limit. I don't get it. How can Texas NOT have speed limits? |
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waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa typical response |
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Typical response of someone who's beaten the rap by questioning the physics of radar beam propagation around curves in court. Not of all of us non-cops are as stupid as you seem to think. |
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Advice from a LEO: Traffic court is in reality REVENUE COURT. Most judges are not concerned with your guilt innocence, just your money. In 11 years I have seen a very small number of individuals beat a ticket in court, it usally involves a HUGE error on the part of the officer. Trust me the judge has heard "it wasn't me, musta been another car" defense 1,000,000,000 times, might want to come up with a better defense than that!
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Yes, Texas does have speed limits. However nothing you posted says that driving faster than said speed limits is illegal. That part that you highlighted in red that says "the following speeds are lawful" lists some lawful speeds, it does not say what speeds are unlawful. |
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That is why you ask for a jury trial. We still have those in Texas. |
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Tell the judge that your guns were lonely and you were rushing home to pet them. I'm sure he'll let you off.
If you were going 79 and you seem to acknowledge you were around that time while passing a vehicle, about the only excuse you might use is that the vehicle ahead of you was speeding up and slowing down constantly and you wanted to pass safely and quickly. |
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Good luck with that! Remember when it's over and the jury found you guilty because you cost them a days wage for the $20 buck jury fee just to listen to "musta been sombody else", the judge still gets to sentence you. You are likely to see the MAX (fine, court costs, etc). All I was trying to say was if he really wants to contest the ticket, don't ust that defense. Now I'm done talking to you Edit spelling |
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In Texas, if you get charged with driving a vehicle too fast, tell the judge that you are not guilty because you guide a car and drive a team.
That works, no kidding, my dad's cousin said so. |
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My problem is that I don't agree with the laws against speeding. So if I am caught, I will try to fight it to get out of the insanely high ticket cost and moving violation points. Don't confuse not taking responsibility with not agreeing with the law. |
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Driving over the maximum speed limit is unlawful, isn't it? That's 65, 70, or 75 now apparently. What does unlawful mean? |
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Well you should have just took the ticket and said nothing.
Find the fuse that operates your speedometer and burn it in two. Toyotas have fuses for the speedometer I cannot speak for other vehicles. Then take your vehicle to a mechanic and have him fix it and put on the invoice: " speedometer was inop due to bad fuse". Take that to a lawyer and have him fight it for you. It will cost $$ but cheaper than paying the increased insurance fees. You will only pay a improper equipment fines(same or more as the speeding ticket) and you wont get any points on your record. Good luck and for god sake slow down FREE |
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