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Texas speeding/no insurance ticket Texas

On Lawyer & Legal » Traffic Law

5,717 words with 4 Comments; publish: Tue, 04 Jul 2006 14:06:00 GMT; (80077.88, « »)

This is the first time I've ever asked for advice on this forum. I've just been giving other people advice, but now I need some help.

Today I got a ticket for 2 things:

Speeding (83 in a 65 mph zone) and

No Insurance

I have been driving for 3 years with no tickets, no accidents.

It says on the ticket that my car is green when it is really blue. It also says I am a female when I am a male! And, the ticket says I was going 83 but I THINK (I am not exactly sure how fast I was going though) that I was going 75 or 76 at the most. I actually thought it could be that a car that was actually green could have been going 83 and the officer got us confused.

The ticket also says I have a restriction on my license that I don't have.

I could plead guilty/no contest and take defensive driving and avoid it going on my record.

But, I feel like I might be able to fight it because of all the errors. If I plead not guilty but they find me guilty anyway, I would be ineligible for defensive driving. And, I am ineligible for deferred disposition unless I take defensive driving anyway since I am under 25 (new TX law that went into effect last September).

It is in a small town speed trap if that helps any. I don't think I will really be given a fair trial in this town. And I know the officer is sure to show up.

I have insurance, I just didn't have the card with me in my car (I thought I did and I really don't know why I wasn't keeping it in the glove compartment). So, I can present it and get it dismissed.

What does anyone think I should do about the speeding though?

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  • 4 Comments
    • In CA if you fight your ticket and lose you can ask the judge to let you take traffic school (or defensive driving, whatever). Not many people know this but it is up to the judge (if he/she is in a court that allows traffic school). There is not law/statute that forbids this. Being in TX you might ask around about this possibility. But again, it's the judge's call and if the judge is in a bad mood or takes a dislike to you.....

      In CA if you're written at 84 in 65 but you tell the judge that you were only doing 73 the judge might say, "Were you exceeding the posted maximum speed limit?" Expect no mercy on that one.

      We have a 3 tier system for speed fines. 1-15 mph, 16 -25 and 26+. Faster means more $$ to the court. The mistakes on your ticket might cast doubt on the officer's judgement of your speed but if he used radar, well, I'd advise taking a look at Nolo Press' Fight Your Ticket. Search for Nolo Press and click through. Best book on the market for tickets/court.

      In CA (and many of our States' traffic laws are the the same or quite close) not having proof of insurance when asked by the officer is a $1200 fine. But if you HAVE proof, like you did, and you take the proof to court clerk to show you were insured at ticket time, then it becomes a fix-it ticket, $10 or so. But I did have one student in that situation and the clerk lowered the $1200 fine down to $200! I don't know if there were other circumstances or if the clerk was just an addled half-wit that day or being mean, but look into that too, be prepared, so you don't get the shaft on that.

      You mention "small town speed trap." CA's Vehicle Code has a precise definition of speed trap: timed by a stop watch or other device, or radar on a stretch of road not justified in the past 7 years. Anything else only feels like a speed trap. If you really were in a genuine ST the ticket should be thrown out, that is in towns just a little bigger than yours. ;>

      Good luck.

      #1; Tue, 04 Jul 2006 21:16:00 GMT
    • My email had the topic reply notification blocked as spam so I just saw your two previous posts.

      You can check on the TX DMV website, probably, and find out about how and where to take the defensive driving. In CA, if the county/court allows it, one can take it anywhere.

      "Sorry for speeding." Is that what's called an admission of guilt?

      In CA one can often just pay through the mail and not hassle showing up in person though some courts require it.

      Where in the process are you now?

      #2; Mon, 24 Jul 2006 09:15:00 GMT
    • Just to clear something up - I live in a city with a population of about 650,000. This small town is about 50 miles away. I looked it up online and it only has a population of about 3,500.

      It was a female cop in an undercover car (a Dodge Ram truck) and it says on the citation she used Laser 100 LD.

      Do I have to take defensive driving there or could I take it here if I chose that option? I don't mind going back there once or twice...but 50 miles each way multiple times is not really something I want to do.

      Also, I checked, that does not apply like it does in CA where the judge can allow you to choose traffic school. You HAVE to actually PLEAD guilty and admit your guilt to be allowed that option. In Texas, if you plead not guilty and are found guilty anyway, you are automatically ineligible.

      #3; Thu, 06 Jul 2006 08:10:00 GMT
    • OK...some new interesting info. Today while I was out, I got a certified mail delivery from the U.S. Postal Service from the town where I got the ticket. Tomorrow I have to go pick it up at the post station. What is it going to say? I am very nervous about having to read it.

      Also, one other thing I didn't mention. At the end of the stop, the officer said "Thank you for being so cooperative and polite. And you have a safe trip and (since it was the 4th of July) a good holiday." Then, I said "Sorry for speeding." EXPLICITLY. So this could be used as evidence against me...right?

      God...why did I say that?

      #4; Thu, 06 Jul 2006 17:45:00 GMT