i got a ticket late last month for speeding. now yesterday (friday) a cop stopped me again! this time he got me for speeding again i was going 38 and he said i was going 40 in a 35. he also got me for no front plate and my insurance card was expired.. im trying to see whats going to happen. the cop didnt tell me anything about the other ticket. i know the one that stopped me yesterday was HPD (houston police dept) and the one that stopped me late last month was a sheriff.. can someone let me know please. thanks guys
whats going to happen in this situation
- Thread starter DAkid
- Start date
DAkid said:
Take it to court! Case law gives you "five miles per hour" for speedometer error.
BEAVER SNIFFER said:
Really? You have precedent common law for Houston that makes that a reality? Specific cases that cant be distinguished?
Can you show that case law? I routinely issued citations in school zones for 5 mile overs and never lost one.
mswaim said:
The defense I suggested is effective when alleging or proving that the speedometer is/was not operating correctly. I am not a traffic lawyer, I learned of this defense by word of mouth. I will try to cite a source if I have extra time.
FordSVTFan said:
I live in California. I am sure a Houston traffic lawyer would know.
BEAVER SNIFFER said:
In other words, no.
+1SID297 said:
I love the people that come on here that say they are this or that, but can't back most of thier stuff up or are going by hear say. Im not saying you are, but for all we know, you could be a 15yr old with a keyboard and a vast imagination. This is one of the reasons that "The Donut Shop" is so closely watched by the Mods, bad advice like what you gave can really screw someone over.
Example in Wisconsin:
346.57(5)
Zoned and posted limits. In addition to complying with the speed restrictions imposed by subs. (2) and (3) , no person shall drive a vehicle in excess of any speed limit established pursuant to law by state or local authorities and indicated by official signs.
No where does it give a grace area. No where does it give an justification for comitting the offense or even pardon it as an act of necessity. If your speedometer is broke, it's your problem.(That is a citeable offense as well) Speeding is an offense not concerned with the mens rea (Criminal Intent), only if the offense occured.
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Lawfficer said:
PM sent.
SID297 said:
+65,000.
BEAVER SNIFFER said:
Never ask a question you don't already know the answer to and never quote a source unless you have the "extra time".......................
Also - In CA, I don't believe you are required to have a speedometer, only an odometer that works and is accurate to within manufacturers specifications.
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A conviction for a moving violation will acess two points on your traffic record. The No Front License Plate is not a moving violation. Iv'e said this many times to get it put on !!! The insurance ticket (could) come back to bite you pretty hard if you don't take care of it. The state will suspend your driver license and add surcharges. There would be no need for the officer to say anything about a prior stop. I know of NO case law on the five mile per hour here in Texas. Also, once you get six points on your traffic record get ready for suspension of your license and those lovely surcharges.
BEAVER SNIFFER said:
Hum, Mr. BEAVER SNIFFER. I have to wonder a little what have you been sniffing? lol
BEAVER SNIFFER said:
On the contrary, in most cases traffic offenses are considered absolute liability. That pretty much means that excuses like my speedometer was off or I didn't realise I was speeding or that the light was red don't count. With an absolute liability offense, the only point of argument is you did it or you didn't.
I could definitely see enforcing the school zones, but seriously...how many of you law enforcement officials would site someone for 5mph over the speed limit? (excluding highly populated residential areas, such as neighborhoods and school zones)
blk04cobra1 said:
In reality (excluding school, construction zones or special enforcement areas) most would not.
That 5 mph "window" that people are accustomed to is nothing more than the police officer being nice. Going 1 mph over is, in essence, speeding. Granted keeping a car at eactly 35 mph on bumpy roads and so on is not going to happen but saying that it's LEGAL to go 5 mph over is incorrect.
-Mike
-Mike
Sonik Blur said:
Showing evidence that the speedometer was off is a defense that will work if citation is 5 mph or less over the limit.
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