Because speeding tickets are outdoors-Protesting in court?

GinMan

9:48p, 4/17/24

I received a citation for speeding.
My citation had an incorrect Driver License number on my citation. There was an extra "1" (double 1)
**11****** instead of the actual **1******
Is this a dismissible citation strictly because the license number is wrong?

I decided to protest the citation and request for dismissal.

TX AG 88

9:53p, 4/17/24

Lol, sorry, but good luck!

TAMUallen

9:54p, 4/17/24

Get a traffic ticket attorney and pay less than the ticket if you want to be content

Pro Sandy

10:06p, 4/17/24

Have you tried going the speed limit?

Seems like a lame reason to fight it, don't do the crime if you can't do the time.

hammerhead

10:32p, 4/17/24

Must be retired and have nothing else to do..

Pay the damn ticket and move on.

GinMan

10:40p, 4/17/24

In reply to Pro Sandy

Pro Sandy said:
Have you tried going the speed limit?

Seems like a lame reason to fight it, don't do the crime if you can't do the time.

I wasn't speeding. This is exactly why we have a court system in this free country. I'm surprised you assume I'm guilty. That is not how it works in America. Are you a displaced communist sympathizer from a foreign land? Welcome to America my friend enjoy your time in our great country.

GinMan

10:41p, 4/17/24

In reply to hammerhead

hammerhead said:
Must be retired and have nothing else to do..

Pay the damn ticket and move on.

These comments have "millennial" written all over it…

My parents (father and mother) taught me to stand up for my rights. If the system has failed me, I'm going to fight the system. The decline of a free country starts with compliance to a flawed system.

hammerhead

10:54p, 4/17/24

In reply to GinMan

GinMan said:
hammerhead said:
Must be retired and have nothing else to do..

Pay the damn ticket and move on.

These comments have "millennial" written all over it…

Ha, far from it and might even be older than you are.

My point is you have spent more time and money trying to figure out how to get out of the ticket than what it will probably cost you.

Which is why I said, pay the ticket and move on.

Doubt you will get a whole lot of answers you want to hear on this one.

GinMan

10:56p, 4/17/24

In reply to hammerhead

hammerhead said:
GinMan said:
hammerhead said:
Must be retired and have nothing else to do..

Pay the damn ticket and move on.

These comments have "millennial" written all over it…
Ha, far from it and might even be older than you are.

My point is you have spent more time and money trying to figure out how to get out of the ticket than what it will probably cost you.

Which is why I said, pay the ticket and move on.

Doubt you will get a whole lot of answers you want to hear on this one.

You have the similar mindset that many individuals adopted during the COVID pandemic. I'm not one to just roll over and comply….

tamc93

11:02p, 4/17/24

In - 3 pages of "angry men yelling at clouds"

jwoodmd

11:39p, 4/17/24

In reply to GinMan

GinMan said:
Pro Sandy said:
Have you tried going the speed limit?

Seems like a lame reason to fight it, don't do the crime if you can't do the time.

I wasn't speeding. This is exactly why we have a court system in this free country. I'm surprised you assume I'm guilty, that's not how it works in America. Are you a displaced communist sympathizer from a foreign land? Welcome to America my friend enjoy your time in our great country.

And what proof are you going to give that counters the cop's radar or laser? If the cop has a detector reading that says you were speeding and all you have is "I wasn't speeding" good luck, you'll be toast. If you want to get out of it, best to ask for it to be reduced to a warning assuming you have a clean record. It's been a couple generations since the days of the cop was "estimating" your speed.

mpl35

12:10a, 4/18/24

In reply to jwoodmd

jwoodmd said:
GinMan said:
Pro Sandy said:
Have you tried going the speed limit?

Seems like a lame reason to fight it, don't do the crime if you can't do the time.

I wasn't speeding. This is exactly why we have a court system in this free country. I'm surprised you assume I'm guilty, that's not how it works in America. Are you a displaced communist sympathizer from a foreign land? Welcome to America my friend enjoy your time in our great country.
And what proof are you going to give that counters the cop's radar or laser? If the cop has a detector reading that says you were speeding and all you have is "I wasn't speeding" good luck, you'll be toast. If you want to get out of it, best to ask for it to be reduced to a warning assuming you have a clean record. It's been a couple generations since the days of the cop was "estimating" your speed.

The best part is he didn't even claim to not be speeding in the OP. Just wanted out on a technicality. Once people called him on that he put forth the "not speeding" defense. Seems suspect to me.

BrazosDog02

12:15a, 4/18/24

Can't you just take defensive driving? I'm a chronic 25 over speeder but when I get busted I have to slow my roll because you can only do it once in a year. That's the way it used to work. I'd just did that and let it play in the background at my office with a little interaction. You can figure out the answers without watching anything.

Otherwise, I don't know how you prove you weren't speeding other than having an attorney and I can't see how that will be cheaper.

I'd think the DL being wrong is as good a chance as any of getting it dumped though.

TAMUallen

12:18a, 4/18/24

As I said, get a traffic court lawyer.

It's the same as if you were speeding or not. The judge doesn't want to waste time on a ticket. Hell, he might even get upset with the cop if he keeps up bringing cases that people bring representation

BurnetAggie99

12:22a, 4/18/24

Also question the accuracy of the radar and also request if it's been calibrated correctly

GinMan

12:46a, 4/18/24

In reply to mpl35

mpl35 said:
jwoodmd said:
GinMan said:
Pro Sandy said:
Have you tried going the speed limit?

Seems like a lame reason to fight it, don't do the crime if you can't do the time.

I wasn't speeding. This is exactly why we have a court system in this free country. I'm surprised you assume I'm guilty, that's not how it works in America. Are you a displaced communist sympathizer from a foreign land? Welcome to America my friend enjoy your time in our great country.
And what proof are you going to give that counters the cop's radar or laser? If the cop has a detector reading that says you were speeding and all you have is "I wasn't speeding" good luck, you'll be toast. If you want to get out of it, best to ask for it to be reduced to a warning assuming you have a clean record. It's been a couple generations since the days of the cop was "estimating" your speed.

The best part is he didn't even claim to not be speeding in the OP. Just wanted out on a technicality. Once people called him on that he put forth the "not speeding" defense. Seems suspect to me.

I didn't claim to be speeding. I merely stated I received a citation for speeding.

OnlyForNow

4:20a, 4/18/24

In reply to BrazosDog02

25 over? You're in reckless endangerment category now.

If your less than 15 over and in Texas with a good record you can do deferred adjudication…

Best way to fight it is talk to a traffic attorney as others have said.

coolerguy12

5:27a, 4/18/24

Look up prima facie speed limits in Texas. Long story short, the posted speed limits are only for commercial vehicles. For the rest of us the speed limit is whatever is safe and reasonable. The state has decided that the posted speed limit is safe and reasonable but the burden of proof is on them to prove your speed was unsafe or unreasonable.

[url] https://dallasattorney.com/blog/no-speed-limits-in-texas/#:~:text=This%20statute%20says%20that%20a,the%20circumstances%20then%20existing").[/url]

DuncanLEO

5:35a, 4/18/24

In reply to coolerguy12

coolerguy12 said:
Look up prima facie speed limits in Texas. Long story short, the posted speed limits are only for commercial vehicles. For the rest of us the speed limit is whatever is safe and reasonable. The state has decided that the posted speed limit is safe and reasonable but the burden of proof is on them to prove your speed was unsafe or unreasonable.

[url] https://dallasattorney.com/blog/no-speed-limits-in-texas/#:~:text=This%20statute%20says%20that%20a,the%20circumstances%20then%20existing").[/url]

No, the burden of proof would be on you…traveling over the speed limit is prima facie evidence you are traveling at an unsafe speed….and the ticket is just notice, as is the complaint and information which are the actual charging instruments. They can all be cured.

jpb1999

6:02a, 4/18/24

In reply to DuncanLEO

Ok, tell us more. How do you fight this and win then?

OP, what speed were you going then? What did radar gun say?

Need more info and less bickering!!

_________________________________________

Spane Bohem

Threetoedcoyote

6:10a, 4/18/24

In.

People saying, "you should just drive the speed limit" are the same people that will report neighbors for not wearing masks and businesses for being open when the government tells them not to be during the next "crisis".

People assuming that a ticket or an arrest equals being guilty when it does not.

Fight it, as it is your right. The incorrect number probably wont get the whole thing dismissed but it might get it reduced to adjudicated or some such.

busdriver88

6:23a, 4/18/24

Following for all the free legal advice!

There may not be time to do the job right, but there is always time to do the job over!!

ag_pete09

6:48a, 4/18/24

I hired a lawyer for my last ticket. Cop didn't show. Sullo and sullo or something like that if you're in Houston.

That said, it's a pretty big time suck to sit there. I think I was finally finished around 11:30 or 12:00 that day after showing up at the allotted time in the morning, waiting for judge to actually walk in, take a roll call of who all was there, giving the cops opportunity to show up, then going through other cases.

All that for a reduced charge and not doing defensive driving.

And yes I was speeding but so were all the other cars behind me on Louisiana ave going into downtown through the "residential" area. Total speed trap. Cop was working multiple cars at a time, I was pulled over and on my way in less than 5 minutes. So I guess I can at least appreciate he wasn't wasting my time right then.

AgRyan04

7:01a, 4/18/24

Just some constructive feedback....I think you would have received different responses if you had included that you were wrongly ticketed for speeding when you werent in the intial post. Without that information, the initial post makes it seem like you're trying to get out of a ticket on a technicality, which I think is what spurred the comments you did get.

- - - - - - - - - - - - - - - - - - - - - - - - - - -

Deerdude

7:11a, 4/18/24

Had a friend that fought every ticket he got. Would just appeal a guilty as high as he could until frequently he would get one dismissed to reduce cost by courts. Interesting guy but it worked most of the time.

ought1ag

7:17a, 4/18/24

they will only drop the ticket if you happen to drive a subaru, believe in astrology and leave crap in peoples yard.

IslandAg76

7:18a, 4/18/24

Speeding....

Is this an appropriate time to insert
"User name checks out"

tk111

8:08a, 4/18/24

In reply to coolerguy12

coolerguy12 said:
Look up prima facie speed limits in Texas. Long story short, the posted speed limits are only for commercial vehicles. For the rest of us the speed limit is whatever is safe and reasonable. The state has decided that the posted speed limit is safe and reasonable but the burden of proof is on them to prove your speed was unsafe or unreasonable.

I'm no expert, but this reads like sovereign citizen gobbledeegoop

coolerguy12

8:13a, 4/18/24

In reply to tk111

I was the exact same way until a guy on the automotive board convinced me otherwise years ago. I haven't gotten a speeding ticket since to test it out but I'm convinced enough that if I get one I will plead not-guilty and request a trial by jury just to see what happens.

There are areas such as residential or school zones that list a specific speed limit for regular cars so if you get popped in one of those it won't help you.

ETA: I did get pulled over on 59 south years ago going 5 over the posted speed limit and I told the cop my speed was safe and reasonable for the traffic and weather conditions. He gave me some BS but ultimately didn't even give me a written warning.

JoeAggie1010

8:14a, 4/18/24

In reply to BurnetAggie99

BurnetAggie99 said:
Also question the accuracy of the radar and also request if it's been calibrated correctly

This reminds me of a conversation I had with my son, who is a deputy with Travis County. We were talking and I kept hearing this strange noise in the background. So I asked him, what is that noise? Oh, it's a tuning fork for my radar in the event I go to court.

justnobody79

8:34a, 4/18/24

In reply to coolerguy12

coolerguy12 said:
Look up prima facie speed limits in Texas. Long story short, the posted speed limits are only for commercial vehicles. For the rest of us the speed limit is whatever is safe and reasonable. The state has decided that the posted speed limit is safe and reasonable but the burden of proof is on them to prove your speed was unsafe or unreasonable.

This is the way. Had a law prof teach us this many years ago. I beat a ticket out once using this in court. Now I usually don't excessively speed.

cslifer

8:37a, 4/18/24

Not sure if anyone has directly answered the OP question, but no an extra digit added to DL number is not dismissible. There is abundant case law showing that minor clerical errors such as transposed letters and whatnot do not matter. You cannot use it to argue "that number isn't my DL so it isn't me" as the rest of the information is likely correct, you signature is on it and you were recorded with at least one camera and likely two. So far as the "no speed limits in Texas except for commercial vehicles" goes, that is straight sovereign citizen crap. I guess you are free to argue whatever you want in court, but be prepared for a very aggravated judge to throw the book at you for wasting his time with that argument.

justnobody79

8:41a, 4/18/24

In reply to tk111

tk111 said:
coolerguy12 said:
Look up prima facie speed limits in Texas. Long story short, the posted speed limits are only for commercial vehicles. For the rest of us the speed limit is whatever is safe and reasonable. The state has decided that the posted speed limit is safe and reasonable but the burden of proof is on them to prove your speed was unsafe or unreasonable.
I'm no expert, but this reads like sovereign citizen gobbledeegoop

if you were on I-10 in the middle of nowhere in West Texas, no traffic, clear weather, going 20 over the posted speed limit in a new corvette, the argument is you are going a safe and reasonable speed given the conditions.

to the OP you need to post the finer details of what your ticket states beyond the clerical error

coolerguy12

9:34a, 4/18/24

In reply to cslifer

I'm a firm believer that the state has to have a written statute that you violated in order to charge you with a crime. They can't just say "you went too fast, pay us money." I don't care about wasting a judges time. In order to break the law there has to be a law to break.

For example, in college I got a ticket for "riding an authorized vehicle on a roadway" while riding a cooler to class. I was able to prove that my vehicle was classified as a motor assisted scooter and could be operated in the same places as a bike. Just because a cop wrote a ticket doesn't mean a law was broken. Many folks here would have told me to just pay the ticket and stop with the sovereign citizen crap.

Deerdude

9:41a, 4/18/24

In reply to coolerguy12

coolerguy12 said:
I'm a firm believer that the state has to have a written statute that you violated in order to charge you with a crime. They can't just say "you went too fast, pay us money." I don't care about wasting a judges time. In order to break the law there has to be a law to break.

For example, in college I got a ticket for "riding an authorized vehicle on a roadway" while riding a cooler to class. I was able to prove that my vehicle was classified as a motor assisted scooter and could be operated in the same places as a bike. Just because a cop wrote a ticket doesn't mean a law was broken. Many folks here would have told me to just pay the ticket and stop with the sovereign citizen crap.

Those are not cops. Like the unmarked cars doing radar and traffic patrol, those are pure revenuers. I've asked a few why they changed careers from cop to revenuers. Their looks and responses are all over the board.