Caught Speeding in texas; Need to keep it off my record.

Radioflyer97
10+ year member

C.E.O.
Was pulled over for speeding today on I-45 between Conroe and Huntsville. I was passing the blind spot of a large truck and was radared at 82. The posted limit was apparently 65 (I thought that it was 70 outside of conroe)

I dug this up on speeding in texas:

The law regarding speeding is found primarily in Chapter 545 of the Texas Transportation Code.

§ 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.

First Question: Taking into consideration that there was miminal traffic, good visiability, dry road consitions and the average speed of traffic was 75-80mph, do you think getting a ticket was still justified?

Second question: I'm not able to do defenseive driving, and since I'm 21, i really don't need this on my driving record. Does anyone have a reccomendation for a traffic attorney that can take my case?

thanks.

 
The basic speed rule isn't going to apply to you.

This is used for police to GIVE tickets when people are trying to go the speed limit in ice storms and such.

The speed limit is the limit, and it's an absolute. It doesn't mean that if there's no traffic you can ignore it.

 
If you talk and reason with the judge you might get a chance. Was it a State Trooper?
Not a trooper. Montgomery Country Sheriff.

If you are 25 and younger you will have to take defensive driving no matter what for the ticket in TX. still be on your driving record though since you arent qualified
State Law prohibits the raising of ins. rates because you took defenseive driving. Unfortionatly, I JUST signed up for a DD class on monday to take care of a ticket i got in early Aug.

The limit of 65 is pure and total BS for I-45 in that area. There's nothing but trees and the occasional weigh station for miles.

 
Was pulled over for speeding today on I-45 between Conroe and Huntsville. I was passing the blind spot of a large truck and was radared at 82. The posted limit was apparently 65 (I thought that it was 70 outside of conroe)
I dug this up on speeding in texas:

The law regarding speeding is found primarily in Chapter 545 of the Texas Transportation Code.

§ 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.

First Question: Taking into consideration that there was miminal traffic, good visiability, dry road consitions and the average speed of traffic was 75-80mph, do you think getting a ticket was still justified?

Second question: I'm not able to do defenseive driving, and since I'm 21, i really don't need this on my driving record. Does anyone have a reccomendation for a traffic attorney that can take my case?

thanks.
You were over the posted so this clause doesn't apply to you. is this your first ticket? If so just go to court and ask the judge to waive the adjudication.

 
Not a trooper. Montgomery Country Sheriff.


State Law prohibits the raising of ins. rates because you took defenseive driving. Unfortionatly, I JUST signed up for a DD class on monday to take care of a ticket i got in early Aug.

The limit of 65 is pure and total BS for I-45 in that area. There's nothing but trees and the occasional weigh station for miles.
Well there goes my recomendation. You'll be taking this one in the tailpipe. BS or not, it is still posted.
 
The basic speed rule isn't going to apply to you.
This is used for police to GIVE tickets when people are trying to go the speed limit in ice storms and such.

The speed limit is the limit, and it's an absolute. It doesn't mean that if there's no traffic you can ignore it.
not in Texas: Kentucky, North Dakota, Rhode Island and Texas have presumed speed limits. If you are clocked going 50 mph in a 40-mph zone, it is only presumed that you were speeding. If you can persuade the judge that your speed was safe given the conditions, you may get off.

--from an article i found on beating speeding tickets. I have the full article to email the OP if he needs it.

 
not in Texas: Kentucky, North Dakota, Rhode Island and Texas have presumed speed limits. If you are clocked going 50 mph in a 40-mph zone, it is only presumed that you were speeding. If you can persuade the judge that your speed was safe given the conditions, you may get off.
--from an article i found on beating speeding tickets. I have the full article to email the OP if he needs it.
WOW. never heard that one. Then again I have never lived in those states either. I doubt a judge would find 82 in a "presumed" 65 to be acceptable though. it is nearly 20 over.

 
here's the full deal for review:

The Basics

Beat a speeding ticket to keep your rates down

A hefty fine may be only the beginning if you get nailed for speeding: Your insurer can slap a surcharge on your policy that could run for years.

By Ed Henry and Ronaleen R. Roha, Kiplinger's Personal Finance

Ivan Sever, a professor at Berklee College of Music, heard nothing melodious in the siren that pulled him over on a little country road outside of Boston. And he was nonplussed when the officer told him he was speeding as he drove his 12-year-old daughter, Alison, to ballet class.

"But no speed limit is posted," Sever said from behind the wheel of his Suzuki SUV. "Tell it to a judge," the officer shot back.

And that's what Sever did.

He demanded a trial to challenge the notion that motorists should somehow divine the speed limit based on the density of the population. To prepare, Sever invested $29 in a membership with the National Motorists Association, a group based in Waunakee, Wis., that helps drivers fight for their rights.

"I did my homework," says Sever. But he needn't have worried. "The policeman never showed up," adds Sever, "so the judge dismissed the case."

His record is clean, and his insurance company never heard about the ticket.

Take a little effort

Even if you are caught dead to rights with a lead foot, don't automatically pay the ticket. With a little effort, you may beat the double whammy of paying the fine and paying higher premiums on your auto insurance policy.

Just ask the Maryland man who found himself before a judge pleading "guilty with explanation." It seems that a protest against China's repression of the Falun Gong had created a hopeless traffic jam as he tried to pick up his daughter at camp. Once traffic opened up, his foot went down, and a cop pulled him over.

As proof of his predicament, the man handed the judge an article about the protest. "You're invoking the Falun Gong defense?" the judge asked sardonically. "I don't care what your excuse is, mister, you've got to slow down."

But then the judge gave him a special incentive to put his foot on a diet. The driver was given "probation before judgment." If he keeps his record clean for a year, it'll be as if the whole thing never happened. There's no record for his insurer to use to jack up his rates. The speeder paid more than $100 in fines and court costs but figures he saved hundreds, maybe thousands, of dollars by avoiding insurance surcharges.

Don't judge yourself

No one keeps an exact count of how many speeding tickets are issued each year, but one estimate puts the number at about 14 million. Most of those nabbed admit their guilt and either pay a fine or take advantage of a re-education program to mitigate or erase the effect of the ticket. Only about 3% of ticketed drivers head to court to challenge the ticket and try to beat the rap.

But more of them should, says Chad Dornsife, a lobbyist and head of the Nevada chapter of the National Motorists Association. One estimate suggests that more than 50% of contested speeding tickets result in dismissal, a reduced fine or a finding in the driver's favor.

Considering the long-term financial consequences, you should not treat a speeding ticket lightly. Although you won't face jail time unless your offense is more serious (say, reckless driving), you can put your license in jeopardy by piling up tickets. Most states suspend or revoke the license of a chronic offender, and violations generally stay on your record for about three years. But even an occasional ticket can have "amazing economic impact," says Geoffrey Nathan, a lawyer in Boston who specializes in fighting speeding tickets.

The financial fallout begins with the fine. Depending on where you push the pedal to the metal, the fine can range from $5 to $1,000. In Massachusetts, for example, the minimum is $50 for speeds up to 10 miles an hour over the limit, plus $10 for every excess mile per hour. In California, you'll pay up to $100 for a first offense, $200 for the second and $250 for each ticket after that. Fines in many states are automatically doubled in school or work zones.

For many drivers, though, the biggest pocketbook hit comes not from the judge but from the insurance company. A speeding ticket can drive up premiums for three to five years. Some insurers do ignore your first ticket. Dick Ludkee, a spokesman for State Farm, says that drivers who enjoy the company's best rates generally won't be penalized for a single speeding ticket. But one ticket makes a difference with other companies.

To see the devastating impact speeding tickets can have, consider a single-car policy in Massachusetts. A typical policy with liability, collision and comprehensive coverage starts out at $1,549 a year. The first speeding ticket wipes out a $123 good-driver discount. A second triggers a $370 rate hike; a third boosts the rate $565 over the $1,549 base. In effect, three tickets trigger a "fine" from the insurer of $565 a year, or $2,825 over five years -- far higher than the official fine imposed by the state. Wherever you live, it's likely your insurer will ratchet up the surcharges as you rack up tickets. So the stakes get higher each time you're pulled over.

If you are ticketed, use the two weeks you're generally given before you must take action to do some research. Police officers, even with radar, can make mistakes. There may be mitigating circumstances, such as speeding up to avoid a potential accident caused by another driver's erratic behavior.

All laws are not equal

Also, realize that all speed laws are not created equal. David Brown, a lawyer in Monterey, Calif., and author of '”Beat Your Ticket: Go to Court and Win,” notes that the District of Columbia and 32 states -- including Florida, Illinois, New Jersey, New York and Pennsylvania -- have absolute speed limits. Drive even one mile per hour over the limit and you're breaking the law.

Most drivers assume there is some leeway. And in reality, there is. John Moffat, director of the Washington Traffic Safety Commission, concedes that driving seven to eight miles over the posted limit on a highway generally won't get you pulled over. The results of a recent study in New Jersey seem to support that view: Over 36 months, 85% of the traffic on 65-mph roads was traveling at 74 mph. Clearly, the police can't, and don't, pick up everyone going over the limit.

George Hartwell, a California Highway Patrol spokesman, says, "If you exceed the limit by a few miles per hour, the officer has discretion." But don't push your luck. CHP lieutenant Wayne Bridges says 98% of officers will cite you for traveling 15 mph or more over the limit. In the New Jersey study, 81% of tickets were given to drivers doing less than 20 mph over the limit.

Kentucky, North Dakota, Rhode Island and Texas have presumed speed limits. If you are clocked going 50 mph in a 40-mph zone, it is only presumed that you were speeding. If you can persuade the judge that your speed was safe given the conditions, you may get off. Other states -- including California, Colorado, Massachusetts, Montana and Ohio -- have a combination of absolute limits for interstates and larger state roads and presumed speed limits for other roads.

 
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