Myth Busted: Getting out of a speeding ticket
I found out I couldn't get out of a speeding ticket the way I hoped. Apparently the law concerning delaying a trial has changed in favor of the courts.
The plan was to keep delaying the court date until both officers involved in clocking and catching me didn't show up. I asked several employees of the court, a lawyer and a judge how the process worked, and I got the same conclusion.
What makes it hard now is:
1.) You may ask for a continuance of the trial on a later date, but it's at the discretion of the judge to grant it. I was told by the judge herself that she RARELY grants continuances on the same day unless for a VERY VERY good reason, which I most likely didn't have.
2.) If the officer(s) provide an excuse for now showing up (basically they just have to say they're on duty), the trial may still proceed even without them. This is probably better for society as a whole, because while I'm just trying to circumvent a ticket, I'm effectively taking a law enforcer off the street.
The court clerk told me they've basically shut down that particular loophole in the system.
So $160 later, I'm taking deferred adjudication. Now I must take defensive driving again and avoid a ticket for the next three months.
The plan was to keep delaying the court date until both officers involved in clocking and catching me didn't show up. I asked several employees of the court, a lawyer and a judge how the process worked, and I got the same conclusion.
What makes it hard now is:
1.) You may ask for a continuance of the trial on a later date, but it's at the discretion of the judge to grant it. I was told by the judge herself that she RARELY grants continuances on the same day unless for a VERY VERY good reason, which I most likely didn't have.
2.) If the officer(s) provide an excuse for now showing up (basically they just have to say they're on duty), the trial may still proceed even without them. This is probably better for society as a whole, because while I'm just trying to circumvent a ticket, I'm effectively taking a law enforcer off the street.
The court clerk told me they've basically shut down that particular loophole in the system.
So $160 later, I'm taking deferred adjudication. Now I must take defensive driving again and avoid a ticket for the next three months.
posted by Neville @ 1:03 AM
19 comments
19 Comments:
I have not tried it, but learned about while I was in traffic school myself...
Now stop breaking the law and endangering people's lives you idiot.
You gotta tell us what kind of vehicle you drive, what type of insurance you have, and HOW MUCH YOUR PREMIUM MUST BE!
Says it all, doesn't it?
I have to say, as well, that it is hilarious that you advocate picking up pennies, but blow hundreds of $s on traffic tickets.
He does not remember that his lease is up, confuses leasing a car with owning it, collects used pens on campus but wastes a lot of time and money on speeding tickets and the list goes on. You would think the guy was still in high school.
I hope not, you can buy a pack of 10 at Staples for about 2 bucks. Why go through the hassle of picking up a dirty used pen.
Posting ALL of my expenses and income here would be tedious, rather unneccessary and quite boring. Come hang out with me in person, and I'll explain it all.
2nd TO LAST ANON,
I don't spend hundreds a year on traffic violations, I spend thousands.
Anon,
Yes I pick up used pens on campus...Especially ones that have been chewed on.
This may help you with your ticket problem.
--------
Explanations of the statutes (both of which can be found in the Texas Transportation Code)...
1. § 545.351. MAXIMUM SPEED REQUIREMENT.
Subsections "(a)" and "(b)(1)" are the "speeding" statutes in Texas. Basically, they say that you're "speeding" if you're driving at a rate of speed that is "unreasonable and imprudent under the circumstances then existing."
2. § 545.352 PRIMA FACIE SPEED LIMITS.
This statute says that a posted "speed limit" is "prima facie" proof that you're guilty of speeding (i.e., that the speed at which you are traveling is "unreasonable and imprudent under the circumstances then existing"). "Prima facie" means "sufficient to establish a fact or case unless disproved" or "at first sight; before closer inspection." In other words, if, upon "closer inspection" there is sufficient evidence that the speed at which you are traveling is NOT "unreasonable and imprudent under the circumstances then existing," YOU ARE NOT SPEEDING UNDER TEXAS LAW!!!
Hence, simply because you're driving 75 in a 60 m.p.h. zone, it doesn't necessarily follow that you're "speeding." If it's not "unreasonable and imprudent under the circumstance then existing" to do so, you can lawfully drive 75 m.p.h. Think about the times you've "gone with the flow" of traffic, even though everyone was going faster than the posted "speed limit." Were all of you being unreasonable?
Thus, there are no "speed limits" in Texas, in that you can (in certain situations) lawfully drive at a rate of speed greater than what is indicated by the posted "speed limit" sign. Rather, posted "speed limits" are the presumptive legal speed for the stretch of roadway to which they pertain... a presumption which can be rebutted by proof that you were driving in a way that was not unreasonable under the circumstances.
Okay, enough chatter. Here are the statutes:
§ 545.351. MAXIMUM SPEED REQUIREMENT.
(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is
reasonable and prudent under the conditions and having regard for
actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as
necessary to avoid colliding with another person or vehicle that is
on or entering the highway in compliance with law and the duty of
each person to use due care.
(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an
intersection or railroad grade crossing;
(2) the operator is approaching and going around a
curve;
(3) the operator is approaching a hill crest;
(4) the operator is traveling on a narrow or winding
roadway; and
(5) a special hazard exists with regard to traffic,
including pedestrians, or weather or highway conditions.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.109, eff. Sept. 1, 1997.
§ 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in
excess of the limits established by Subsection (b) or under another
provision of this subchapter is prima facie evidence that the speed
is not reasonable and prudent and that the speed is unlawful.
Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663, § 2 and Acts 1999, 76th Leg., ch. 739, § 1
http://www.BESTtrafficschool.com
Post a Comment
<< Home