Speeding Ticket - Texas

[BlueOvalAvenger]

I have a pretty simple question to ask to anyone that can answer. First, the background information...

On the way home from a friends house I merged onto the highway, switched into the middle lane and instantly had an officer behind me with the lights on so I pull over. All of this happens within a minute...MAYBE two. When he comes to the window he tells me I was doing 79 in a 60. I tried to explain that I had just merged onto the highway but he seemed to be in a hurry so I gave up on it. I give him my information and he walks back to his car. While waiting I notice there are two people in front of me pulled over and a 3rd person behind me that is pulled over.

For a little more background information I was in a Focus...not like I was in a hot rod. I didn't even have time to come close to the next exit...which isn't very far. The question I have is if I do decide to try and fight this ticket and loose...will the fine be any higher than If I just plea guilty and pay it. I know that I wasn't doing 79mph but I'm not sure how I would be able to prove it. Any help will be appreciated. Thanks.

 

[oldmodman]

If you choose to fight it in court.

Go back to the location that you started from and measure the distances involved. See if your car could reasonably be able to get up to the speed that you were cited for. If the car is NOT able to achieve the needed speed in the needed distance it might be possible to get a witness to that during a test run. Obviously this would only be possible if your car could only get up to the speed limit. If you walk into court and say that you took longer to get up to 79mph you have just proved that you were speeding during your "testing", not a good idea.

That is one possible way to fight it. I had a similar thing happen to me about fourty years ago and the ticket was dismissed.

 

[Iceman II]

During the beginning of court most judges state the fine ranges, meaning $1 to $500. Now, I have seen on some courtesy letters the fine could range higher if you go to court and lose. So, there is a slight possibility it could be a higher fine.

Secondly, can you take a Defensive Driving Course? This course will keep the ticket from going on your traffic record, therefore your insurance will not go up. You do not pay the fine however, you still need to pay the court costs and DDC course fee. One can do this course once every twelve months.
Or, you may ask to be on Deferred Adjudification. In other words be on probation for a period of six months without a traffic ticket.

 

[BlueOvalAvenger]

During the beginning of court most judges state the fine ranges, meaning $1 to $500. Now, I have seen on some courtesy letters the fine could range higher if you go to court and lose. So, there is a slight possibility it could be a higher fine.

Secondly, can you take a Defensive Driving Course? This course will keep the ticket from going on your traffic record, therefore your insurance will not go up. You do not pay the fine however, you still need to pay the court costs and DDC course fee. One can do this course once every twelve months.
Or, you may ask to be on Deferred Adjudification. In other words be on probation for a period of six months without a traffic ticket.

First off, thanks to you and the gentleman that posted above.

It's been about 6 years since I've had a speeding ticket, which I was guilty of so I simply paid the fine and moved on. Needless to say the options you have suggested are new to me so please bare with me!

When it comes to Deferred Adjudification, I ask for this option and if I get it I don't have to pay any fine? Just have a six month probation period? If I choose this option is there a chance for my insurance to go up?

As far as the driving course, I haven't taken it in the past twelve months. If I ask for Deferred Adjudification and for whatever reason I am denied, could I then request the defensive driving course?

Thanks again for the information guys! :beer:

 

[Root10]

When it comes to Deferred Adjudification, I ask for this option and if I get it I don't have to pay any fine? Just have a six month probation period? If I choose this option is there a chance for my insurance to go up?

I believe that if the judge does grant your the deferred Adjudifcation its deffered off of your record also and will not effect your insurance at all, atleast thats been the case in my past expierences, i've had quite a few tickets and only one stuck, its the only one i didnt get deffered. However in most case's i had to pay a court cost and a defferal fee also, but all in all worth it!

 

[RDJ]

Dude - If you have the option .. just take the driving course. Don't even bother with going to court or asking for deferred adjudication. There are several options for taking the course and you have to pay a fee, plus the fee for the course but it never hits your record or your insurance.

Deferred adjudication lasts from 6 months to a year and if you stay clean without any further infractions it goes away. but one ticket during that time BOTH tickets will hit your license and your insurance.

First off, thanks to you and the gentleman that posted above.

It's been about 6 years since I've had a speeding ticket, which I was guilty of so I simply paid the fine and moved on. Needless to say the options you have suggested are new to me so please bare with me!

When it comes to Deferred Adjudification, I ask for this option and if I get it I don't have to pay any fine? Just have a six month probation period? If I choose this option is there a chance for my insurance to go up?

As far as the driving course, I haven't taken it in the past twelve months. If I ask for Deferred Adjudification and for whatever reason I am denied, could I then request the defensive driving course?

Thanks again for the information guys! :beer:

 

[Iceman II]

Deferred and DDC

First off, thanks to you and the gentleman that posted above.

Roger that, no problem.

It's been about 6 years since I've had a speeding ticket, which I was guilty of so I simply paid the fine and moved on. Needless to say the options you have suggested are new to me so please bare with me!

When it comes to Deferred Adjudification, I ask for this option and if I get it I don't have to pay any fine? Just have a six month probation period? If I choose this option is there a chance for my insurance to go up?

Normally, the deferred is asked as a last option and you may want to consult an attorney here to help you. There is no harm in asking the prosecutor if you can opt for this. Yes, you have to be on probation for a certain time frame, normally six months. If you get this option, the only way your insurance will go up is if you get a moving violation ticket during your probation period. If you screw up you will pay the ticket to begin with.

As far as the driving course, I haven't taken it in the past twelve months. If I ask for Deferred Adjudification and for whatever reason I am denied, could I then request the defensive driving course?

I would ask to speak with the prosecutor and lay out what you would like to do before your trail date. Some prosecutors may speak with you and others may not. Call the court and try to get some info on how to proceed (IF) they will speak with you. Some don't have the time. If they don't, you may be wise doing the DDC.

Thanks again for the information guys! :beer:

No Problem

 

[BlueOvalAvenger]

Thanks fellas for the replies. I appreciate it. Looks like I'll just take the driving course and move on.

 

[20LethalVenom03]

I got 70 in a 45 speeding in speed zone violation, fought it, DA gave me 46/45 3 points plea bargain, and 70/45 is a 6 pt ticket, I got out of it for 45 bucks, 55 dollar court fee.

 

[RDJ]

I got 70 in a 45 speeding in speed zone violation, fought it, DA gave me 46/45 3 points plea bargain, and 70/45 is a 6 pt ticket, I got out of it for 45 bucks, 55 dollar court fee.

without knowing where you are located and where you received the ticket your post is worthless since it is without context

 

[20LethalVenom03]

herkimer county, ny

 

[RDJ]

herkimer county, ny

so your experience has absolutely no bearing on his since he is in Texas and I can tell you for a fact that Texas works entirely different than NY.