Speeding tickets

[Orangechipper 15]

Recently got a speeding ticket.  Going 57 in a 45.  Officer asked me if i knew the limit.  I told him, "no"   

Now i know why.   Went back down that street and from the exit off the highway to my turn off there are no signs posted.   Its a single lane road. but still.  Roughly 3.5 miles and no signs.  


So my questions:

#1.   Do i fight it?   I can go back through and make a video proving no sign.  
#2.   Do i just do deferred adjudication and not waste my time?
#3.  If i do fight it.   See the judge or do a jury trial?   

[TXSooner518 2438]

You are very likely not going to win "legally" based on no signs.

You are entitled to one dismissal via Driving Safety Course per year, which costs roughly $110 in court costs/fees and $30 for the class.

If you do deferred disposition instead, you get to keep your DSC dismissal in your pocket for later use if needed.  Deferred disposition can cost up to $300 though, up to the judge ($100ish court costs plus fee up to max fine for the offense which is $200 for speeding).

The bitch of it is that if you don't request DSC by your appearance date, you are no longer entitled to it, though the judge can allow it if so desired.  What court is your case in?

What I would want to do in your shoes is plead not guilty, talk with the prosecutor and say "look, I have a video of no speed limit signs on the 3.5 mile stretch of road, I think the jury will find that persuasive, so why don't we dismiss and move on?"  Maybe they do, if they balk, then say "OK how about deferred disposition but with a $25 special expense fee and no DSC required?"  That would cost you $125, not take the time/money for the DSC, and still let you have your one per year DSC dismissal in hand.

[Orangechipper 15]

Bexar county courts.   Thanks for help!   my court date is 6/25.   How do i request DSC now?

[TXSooner518 2438]

A JP court in Bexar County?  Do you know which one?  

The citation should include a plea form which includes the form to request DSC.  To request DSC you have to plead guilty or no contest, and deliver it in person or by certified mail to the court (Technically, though most people just send it regular mail without a problem).  You also have to have a valid Texas DL (or be an active duty servicemember or their dependent), proof of insurance, and not have taken a DSC in the last 12 months. 

[luke duke 6413]

I suggest putting the whole system on trial.

[Orangechipper 15]

precinct 4 place 2.   78222

 

[TXSooner518 2438]

2 minutes ago, Orangechipper said:

precinct 4 place 2.   78222

 

PM sent

[RPM 26323]

4 hours ago, TXSooner518 said:

You are entitled to one dismissal via Driving Safety Course per year, which costs roughly $110 in court costs/fees and $30 for the class.

If you do deferred disposition instead, you get to keep your DSC dismissal in your pocket for later use if needed.  Deferred disposition can cost up to $300 though, up to the judge ($100ish court costs plus fee up to max fine for the offense which is $200 for speeding).

Unless you have a CDL, in which case you get 0 deferred adjudications and no driver safety course option. (Doesn't matter if in a commercial vehicle or not)

[TXSooner518 2438]

17 hours ago, RPM said:

Unless you have a CDL, in which case you get 0 deferred adjudications and no driver safety course option. (Doesn't matter if in a commercial vehicle or not)

Truth.  Or if the offense occurred in a work zone with workers present.

[Orangechipper 15]

On 6/21/2018 at 1:01 PM, TXSooner518 said:

PM sent

Wound up doing deferred.  Just 30 days.   Wound up paying 142 as they reduced it some as part of plea deal.   Thanks again for the help.   

Basically... when no speed limit sign is posted.   Its up to the ticketed party to PROVE what the speed should be.    The burden somehow shifts for this particular scenario.   Maybe prosecutor was telling me a load of bull.   But my time is too valuable to sit 3.5 hours just to talk to someone.   No way could i risk missing another day or two of work sitting doing nothing.   

Edited June 26, 2018 by Orangechipper

[midtown 3346]

On 6/21/2018 at 12:47 PM, Orangechipper said:

Bexar county courts.   Thanks for help!   my court date is 6/25.   How do i request DSC now?

Just hire an attorney, pay the ticket cost and be done with it

 

[TXSooner518 2438]

Just hire an attorney, pay the ticket cost and be done with it
 

Would have been fairly absurd to pay an attorney for this.

[midtown 3346]

Isnt it the exact same cost as paying the ticket and in Bexar country I think it might be the same for going yourself?  

Edited June 27, 2018 by midtown

[52-80 19168]

Could've gone all Dorner on them

[TXSooner518 2438]

12 hours ago, midtown said:

Isnt it the exact same cost as paying the ticket and in Bexar country I think it might be the same for going yourself?  

Orangechipper paid $142 and the ticket will be dismissed and he didn't have to use his "mandatory" DSC.  Doubt any attorney is handling it for $142, and plenty of places the attorney is just gonna get him a deferred so he still has to pay court costs.  Some places do have a good ole boy system where the prosecutor will just dismiss because of who the defense attorney is, but other places have ethics.

[phdhorn 6224]

Verse 2:

phd jr. got an 11-20 over (11 mph over to be exact - 66 in 55 zone).  SW Parkway about a mile east from where the cop first was (eventually pulled over by St. Andrews).  This a TravCo deputy.

He insists left, right, sideways, he wasn't speeding, and that there were a buncha cars around him that would have made it tough to see on radar.  I.e. cop just picked him out and said, heah boy, have a nice day.

Now my kid is a good kid (never mind that mass murder episode some years back), of course I dunno if he speded, but I do know he's not just petty angry or in denial or shit.  I told him basically you're probably fooked but you can take a chance that said good Occifer doesn't show up that day.  Or be real nice and the judge might bargain the fee down.  What the fuck do I know though?  I've gotten 2 speeding tix the past 10 years, but both outta state, so I paid the fine and since they were outta state, nuthin' goes down here and insurance ↑ / license points don't/didn't happen.  Oh, he's 19 (cue death music).  But no violations or nuthin' until now and he usually drives his (uh, 5 liter 2012 V8 Mustang, really fooked now) like an old lady.  Sure dad.  No really, he does.

Oh yeah, he had a friend in the car (they were going to UT to take a get-credit-from-AP-H.S.-course-test.  So that looks good.  He can relate conversation he had w/friend to judge if necessary.

So my basic question:  how to proceed?
- drag the buddy in with him?  Get him to write a (notarized?) affadavit?
- does he get the one freebie (is it reported to insurance) if he does Defensive Driving?
- any reason to show up with a lawyer or is this overkill?
- likelihood of the judge tossing it (again remembering the witness) or hacking it down if cop shows?
- or should he just lay back and enjoy it?

Thankyouverymuch.

Edited July 26, 2018 by phdhorn

[TXSooner518 2438]

He's entitled to do DSC (defensive driving) as long as he has a valid DL that isn't a CDL, insurance, and hasn't taken it in the last 12 months. It'll be right at $110 plus the cost of the course. Almost certainly the best play to do that. He has to plead guilty or no contest and request the course in writing to be entitled to it.

[Dbeasy 15068]

I suggest putting the whole system on trial.

You’re out of order!

[RPM 26323]

I would strenuously object! 

[phdhorn 6224]

21 hours ago, TXSooner518 said:

He's entitled to do DSC (defensive driving) as long as he has a valid DL that isn't a CDL, insurance, and hasn't taken it in the last 12 months. It'll be right at $110 plus the cost of the course. Almost certainly the best play to do that. He has to plead guilty or no contest and request the course in writing to be entitled to it.

Thx, he's leaning that way.  Does the ticket still get reported/or is accessible to the insurance company?  Curious minds would like to know.

[TXSooner518 2438]

Thx, he's leaning that way.  Does the ticket still get reported/or is accessible to the insurance company?  Curious minds would like to know.

The dismissal gets sent to DPS to be part of his driving record so that the next court knows if he's had one in previous 12 months. It may not be used for any other purpose including by an insurance company.

[phdhorn 6224]

Thanks, he's going the "no lo, defensive driving course I go" route.  Appreciated. (he still thinks he wasn't speeding but I said welcome to life, son.)

[mrhorn 1383]

Got a speeding ticket for the first time in a long while. I’m not disputing the speeding part, but he also cited me for no registration, which I have and also for no license plates which I have. He even put my plate number on the ticket. This dude just being an asshole or did he give me a way out of the ticket?

[Texzilla58 4738]

Got a speeding ticket for the first time in a long while. I’m not disputing the speeding part, but he also cited me for no registration, which I have and also for no license plates which I have. He even put my plate number on the ticket. This dude just being an asshole or did he give me a way out of the ticket?

Don’t they have ticket mill lawyers there? I used to commute 50-60 miles from Mansfield to Richardson depending on route and conditions. I had to keep track of where I was on probation and not as the towns just want revenue.

Except Balch Springs, the shittiest town in Texas. My ticket guy said got you 30 day probation, so makes em a check. In the fucking tiny fine print said no checks only money orders. They didn’t call just sent me a demand letter with failure to appear warnings; lawyer said go see the judge. Waited a few hours. Had the money order and a second for the extra fine. Explained my case, apologized, asked judge to rescind the extra fine. She tuned to the bailiff and clerk and started making jokes at my expense. The courtroom, with falling ceiling tiles and drooping wires, all laughed. Nope, pay the fine. “Mister I could put you in jail for a week if you do it again!” Bitch. Found out she had a Dallas practice, was a judge in two or three towns, and a prosecutor in another.

I use a ticket mill in Arlington for all my ticket needs. Wife got a ticket in a wreck in January; $50 and probation, gone. He once got all my tickets dismissed I got when I had a wreck in downtown Ft Worth that totaled three cars and hit a bank building. The power of going into a courtroom with five hundred tickets and demanding a jury trial on all of them cannot be underestimated. He gets a dismissal for me about 30%of the time; his fee is way less than the hassle of diy.

[royiv 9326]

On 7/7/2023 at 11:16 AM, Texzilla58 said:

Don’t they have ticket mill lawyers there? I used to commute 50-60 miles from Mansfield to Richardson depending on route and conditions. I had to keep track of where I was on probation and not as the towns just want revenue.

Except Balch Springs, the shittiest town in Texas. My ticket guy said got you 30 day probation, so makes em a check. In the fucking tiny fine print said no checks only money orders. They didn’t call just sent me a demand letter with failure to appear warnings; lawyer said go see the judge. Waited a few hours. Had the money order and a second for the extra fine. Explained my case, apologized, asked judge to rescind the extra fine. She tuned to the bailiff and clerk and started making jokes at my expense. The courtroom, with falling ceiling tiles and drooping wires, all laughed. Nope, pay the fine. “Mister I could put you in jail for a week if you do it again!” Bitch. Found out she had a Dallas practice, was a judge in two or three towns, and a prosecutor in another.

I use a ticket mill in Arlington for all my ticket needs. Wife got a ticket in a wreck in January; $50 and probation, gone. He once got all my tickets dismissed I got when I had a wreck in downtown Ft Worth that totaled three cars and hit a bank building. The power of going into a courtroom with five hundred tickets and demanding a jury trial on all of them cannot be underestimated. He gets a dismissal for me about 30%of the time; his fee is way less than the hassle of diy.

My God, man, how many tickets do you get? Sounds like you're a menace on the road. 

[MagicSoccerSpray 1732]

On 7/28/2018 at 9:23 AM, phdhorn said:

Thanks, he's going the "no lo, defensive driving course I go" route.  Appreciated. (he still thinks he wasn't speeding but I said welcome to life, son.)

 

If this is city of Austin it might be worth it to talk to the prosecutor as they seem pretty lenient. I simply asked for a deferral, 6 months without another ticket and subsequent dismissal, paid the fine, with no defensive driving, and they agreed. This was in January. Might be worth a shot if he has time and doesn't want to do DD.

Edited July 30, 2023 by MagicSoccerSpray

[deadshank 24653]

On 7/7/2023 at 11:16 AM, Texzilla58 said:

Don’t they have ticket mill lawyers there? I used to commute 50-60 miles from Mansfield to Richardson depending on route and conditions. I had to keep track of where I was on probation and not as the towns just want revenue.

Except Balch Springs, the shittiest town in Texas. My ticket guy said got you 30 day probation, so makes em a check. In the fucking tiny fine print said no checks only money orders. They didn’t call just sent me a demand letter with failure to appear warnings; lawyer said go see the judge. Waited a few hours. Had the money order and a second for the extra fine. Explained my case, apologized, asked judge to rescind the extra fine. She tuned to the bailiff and clerk and started making jokes at my expense. The courtroom, with falling ceiling tiles and drooping wires, all laughed. Nope, pay the fine. “Mister I could put you in jail for a week if you do it again!” Bitch. Found out she had a Dallas practice, was a judge in two or three towns, and a prosecutor in another.

I use a ticket mill in Arlington for all my ticket needs. Wife got a ticket in a wreck in January; $50 and probation, gone. He once got all my tickets dismissed I got when I had a wreck in downtown Ft Worth that totaled three cars and hit a bank building. The power of going into a courtroom with five hundred tickets and demanding a jury trial on all of them cannot be underestimated. He gets a dismissal for me about 30%of the time; his fee is way less than the hassle of diy.

Should you be on the road and behind the wheel?  

[troph 24862]

Any one got experience in Lakeway on these ?