Speeding 64 MPH in a 60 Posted Limit

[surfer]

I received a traffic ticket and the Alleged Speed on the ticket is 64mph in a 60mph posted limit. The officer said he got me going 73mph. Can I fight the 64mph ticket? Would the judge dismiss this if I had an attorney or would they say my Detected speed was 73mph and I'm lucky its alleged at 64mph?

Also if i do defensive driving do i select discretionary or mandatory on the ticket?

 

[army judge]

I received a traffic ticket and the Alleged Speed on the ticket is 64mph in a 60mph posted limit. The officer said he got me going 73mph. Can I fight the 64mph ticket? Would the judge dismiss this if I had an attorney or would they say my Detected speed was 73mph and I'm lucky its alleged at 64mph?

Also if i do defensive driving do i select discretionary or mandatory on the ticket?

You were charged with 64 MPH, not 100 MPH, or 73 MPH.

If the posted speed is 60 MPH, I suspect you could contact the local persecutor and ask if he/she would file for dismissal.

Otherwise, appear in court and I'll bet the judge will summarily dismiss it.

Just plead not guilty, and don't blab about doing anything more than what you were charged with, which is 64MPH.

Worse case is you'll have to do traffic school.

You may get away with a deferred adjudication.

Ask about it, and save the traffic school.

I'm betting the JP or Muni Court Judge will just dismiss this crappy ticket.

 

[surfer]

Thanks for your response. I have not had a traffic ticket since high school (9years ago). I live in Houston, Texas how do you suppose i go about contacting my local persecutor? My other concern is I would rather not take Deferred Adjudication due to the probationary period. I am trying to become a firefighter and I believe I can not be under any kind of probation when applying.

 

[army judge]

Thanks for your response. I have not had a traffic ticket since high school (9years ago). I live in Houston, Texas how do you suppose i go about contacting my local persecutor? My other concern is I would rather not take Deferred Adjudication due to the probationary period. I am trying to become a firefighter and I believe I can not be under any kind of probation when applying.

Traffic school does not have a probationary period associated with it.

You get one bite at that apple each year in Texas.

In what county or city did they get you for this nonsense citation?

Was the issuing LEO a state trooper, county sheriff, county constable, or local city officer?

The citation should say Justice Court (Place and Precinct), or what city (municipal court).

In rare cases, it might be a county court of law, although highly unlikely.

Read the citation, and contact the court.

The number should be on the citation.

The court clerk will be able to tell you how to get in contact with the local persecutor.

In your case, an in person visit might be more productive.

Deferred adjudication has a 90 day period of unsupervised activity, it isn't probation, becaus ea traffic offense at this level isn't criminal.

I'd use traffic school as a last resort.

You could spend about $500 and a lawyer will eagerly and quickly make all of this disappear, ask around, there are many that will do this for $500, maybe even $300!!!!

 

[surfer]

This happened on the freeway Houston, Texas by a Constable. $500 for a lawyer??... I believe Defensive Driving is $25 and $110 for the court.

So should I wait until the court day I could request Defensive Driving at that time? That is unless its dismissed.

Is there anything that says anything under 5mph can be dismissed?

 

[army judge]

This happened on the freeway Houston, Texas by a Constable. $500 for a lawyer??... I believe Defensive Driving is $25 and $110 for the court.

So should I wait until the court day I could request Defensive Driving at that time? That is unless its dismissed.

Is there anything that says anything under 5mph can be dismissed?

I'm only guessing that a lawyer would charge you $500.

In your area, some lawyers charge as low as $50, I'm told.

As far as traffic school, the $25 is ONLY for the online course.

The court rips you off for another $100 (or so), plus the fee you pay (about $12.50) for an abstract of your driving record, if you get it online.

If you wait in line at the DOT, it'll cost about $10, after an hour or two wait!!!!

You normally find them (lower cost traffic court lawyers) hustling in and around the courthouse.

No, the law doesn't specifically say a 4 MPH over citation is automatically dismissed.

However, most Justice's of the Peace or Muni Judges will dismiss them, if you plead not guilty.

You asked about or were concerned about "probation", that's why I mentioned lawyer.

Here, look at Harris County JP websites:

http://www.jp.hctx.net/

http://www.jp.hctx.net/4-1/

http://www.jp.hctx.net/1-1/default.htm

There are many more linked off of those sites, just look through the information they reveal.

Request Driving Safety Course Dismissal.​

You may be able to require that your citation be dismissed by successfully completing the appropriate course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course.

 

[surfer]

2 more questions.

When i show up on my court date is this when i can plead not guilty and speak? Or does this mean i get a new court date to state my case?

Also the ticket isnt really clear on mandatory vs discretionary defensive driving. If not dismissed on my court date and after saying Not Guilty is this when i request defensive driving?

 

[army judge]

2 more questions.

When i show up on my court date is this when i can plead not guilty and speak? Or does this mean i get a new court date to state my case?

Also the ticket isnt really clear on mandatory vs discretionary defensive driving. If not dismissed on my court date and after saying Not Guilty is this when i request defensive driving?

Read everything on your citation BEFORE doing everything.

Read it right after you read my post.

In Texas, if you want to take defensive driving you MUST request it prior to the court date.

Each citation tells you how to do that for the court which will hear your case.

That is why you must read your citation.

Each judge or justice has his or her specific procedure that MUST be followed to be allowed the priviliege of taking a defensive driver course.

BUT, in most cases, a justice or judge will allow you to request it at your in person appearance.

That also means that in some cases, a judge or justice will NOT allow you to take defensive driving, if you have failed to follow directions printed on the citation.

The appearance date on your citation usually means you plead guilty or not guilty.

The judge or justice then sets another date for trial.

However, that varies for each and every court.

Again, read the citation.

Read everything on the citation and any additional documents given to you by the officer that cited you.

Then, call the court clerk and ask, just to make sure NOTHING has changed.

Or, visit the court in person and ask a clerk most anything you want to know.

If you're polite (yes sir, no ma'am); they'll be very accommodating and responsive.