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Old 08-13-2009, 02:28 PM
 
58 posts, read 285,118 times
Reputation: 33

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I happened to get ticketed while driving on I-35S near Hillsboro TX. This is my first ever speeding ticket and I have been driving for more than 10 years. Honestly, I usually drive above the speeding limit on highways but not too much. I was driving with my family so I was not going like crazy.

The officer got me with a radar and told me I was in a construction zone. I was confused because I am relatively new in TX and in my previous state, the construction zones are marked clearly with orange signs, red cones etc. There were concrete barriers on the sides but they were everywhere from Dallas to San Antonio... And of course there were no workers on the road, it was around 7:30-8 am on Sunday. The officer told me to call the court, I haven't done yet but I wonder what is the usual response you get in these situations. Are the courts somewhat understanding? If I explain my case, can the ticket be reduced or eliminated? As I said, I never got a ticket before so I am not familiar with the courts.

Any experience is appreciated. Now, I officially understand Texas is different!
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Old 08-13-2009, 03:58 PM
 
Location: Plano, TX
998 posts, read 2,446,385 times
Reputation: 1125
I think you can probably do defensive driving with the court's permission and have the ticket dismissed, but don't know for sure as I haven't gotten any speeding tickets in Texas in over 10 years (and don't plan on getting any more).
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Old 08-13-2009, 04:10 PM
 
Location: Ken Caryl, CO
686 posts, read 2,431,088 times
Reputation: 450
It's highly unlikely the court will eliminate or even reduce the ticket. Just do defensive driving and it won't be on your record.

There are a few construction zones between here and Waco. Some are just marked by signs at the beginning and then you will see nothing for a few miles. But, I guess it is technically still a construction zone, so that is how they get people.
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Old 08-13-2009, 04:15 PM
 
6,747 posts, read 13,958,998 times
Reputation: 5664
You will need to tell the court that you are going to take defensive driving. Make sure you tell them that the ticket was in a construction zone because you may not be able to take it because of the zone. You will then need to request a copy of your driving record, take the course and present completion certificate along with administration fee to the court. You could also hire an attorney but since the ticket was in a small town it may not be a good idea. Those towns generate alot of money from speed traps and are not likely to let them go.
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Old 08-13-2009, 11:08 PM
 
37,315 posts, read 59,660,493 times
Reputation: 25340
Hillsboro is big time speed trap and there is highway patrol regional office in Waco--
I think there is conspiracy to keep all freeways and main roads in TX under construction with no progress to completion just so that the speeding fines can be doubled up

that is going to be double fine I believe because of the "construction zone" aspect
your only option might be to document that there is in fact NO CONSTRUCTION going on at that time on Saturday and the only reason the barriers are there is because the crews are too lazy to move them when they are not going to be working

sometimes there is work on weekend and sometimes not--just depends on what they are doing and other factors...like who is playing football...

PLUS--if you decide to get an attorney--make it a local boy who knows the judge...not someone from FTW or Dallas
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Old 08-13-2009, 11:51 PM
 
Location: Texas
14,076 posts, read 20,485,642 times
Reputation: 7807
Two questions: Were you speeding? Was the cop who stopped you a DPS officer?

If the answer to either of those questions, or both, is yes...just pay the fine and take it as a lesson learned. If you were speeding, you don't have a defense. If it was the DPS, not many courts will question them. They're very hard to beat.

Yeah, you could get a lawyer and maybe get the fine reduced, but it could very easily end up costing you more than the fine.

As for the defensive driving thing? That too is expensive and time consuming. It's not like it used to be where you went to a 4 or 5 hour class. Now it involves watching a video at home and calling an 800 number to answer questions or some such foolery. Additionally, if you happen to have a Commercial Drivers License (CDL), that option is not available to you in Texas any more.

Another option you may have (it's strictly up to the judge, usually with the approval of the ticketing officer) is called "deferred adjudication." That means, you pay a fine (which may or may not be as much as the original fine) and it does not go on your driving record unless you get another ticket during the deferred time frame, which is usually 1-3 months. It's sort of like being on probation.

But, here's what I've done several times to keep a ticket off my record. (Yes, that is important because your insurance carrier could raise your rates and, if you get enough of them, you could lose your license.) Just so you'll know, I drove a big truck all my adult life and literally collected something on the order of 60 or 70 speeding tickets, all over the country, during about a 30 year period. Roughly 1/4 of them were in Texas, where my license was issued, so I know what I'm talking about. I never lost my license or even came close to losing it.

Here's what you do: Talk to the judge, honestly. Admit you were speeding. Don't make any excuses because he's heard them all and don't bad mouth the officer. Remember, they probably go to church together or belong to the same social organizations. Never forget that DPS officers are mostly assigned by counties and they live there. Especially in rural counties, they know each other. Be polite and civil in your speech.

Next, get ready to pay something. You're not going to get it dismissed and the money isn't as important as keeping a clean record.

Then, point out your perfect driving record and let him know you'd really like to keep it that way and that you try very hard to obey the law, but just slipped up this time (which appears to be true in your case). It would be a shame to ruin a perfect record for a momentary lapse of concentration. Ask if there's some way you can settle this without having it go on your record, such as pleading guilty to some non-moving violation. Let him know that you're even willing to pay more to keep your record clean. That's always a big selling point because it truly is all about money.

99 times out of 100, they'll do it. It may cost a little more, but not always. I've had judges reduce my fine from a couple of hundred dollars for speeding to $25 or so for a defective tail light or no tag light. The important point is that the charge you plead to be a non-moving one.

Anyhow, that's worked for me. You may try it or not and, you may be successful or not. Not every judge is sympathetic, but they ARE all human beings.
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Old 08-14-2009, 01:51 AM
 
69 posts, read 452,627 times
Reputation: 75
My wife got a speeding ticket around 1 year ago. She "hired" one of those lawyers that sent us a letter about the ticket for something like $25 or maybe $40. She showed up to the hearing last month, so did the cop, but the ticket just got dropped. Not sure why, but the lawyers earned their money keeping us up to date with the hearing's delays. Everyone I've talked to about speeding ticket lawyers has been satisfied with the results. You might need such a person if you've used up your defensive driving already.
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Old 08-14-2009, 05:08 AM
 
Location: Kaufman County, Texas
11,822 posts, read 26,749,841 times
Reputation: 10541
Defensive Driving takes just a few hours and you can find places where you even get a free dinner with the class, or a comedian as an instructor, to make it less painful. It will also give you 10% off on your liability insurance for a year. Im my book, that's a no-brainer.
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Old 08-14-2009, 07:32 AM
 
563 posts, read 3,737,218 times
Reputation: 325
I don't know about Texas but when I got my first (and only!) speeding ticket a few years ago the policeman told me that since it was my first ticket I could pay the ticket and then, if I kept a clean driving record (no tickets) for another 6 months then the ticket would be taken off my driving record.
I don't know if that would be an option . . .
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Old 08-14-2009, 03:33 PM
 
Location: Purgatory (A.K.A. Dallas, Texas)
5,007 posts, read 15,383,580 times
Reputation: 2463
If it's a first offense, do deferred adjudication. You promise not to be convicted of another offense for a given period, and it stays off your record.

Always fight useless, revenue-generating worthless junk like speeding tickets.
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