Speeding Ticket - Bexar County - How to plead not guilty (San Antonio: insurance, school)

[Drzy]

Originally Posted by MattTx

Not to hijack your thread but I have to mention that I always wanted a 1988 M6. I love the vintage look of the M series.

Hijacks like that are encouraged. An 80s M parked a couple spots from me near the Aldino's at Blanco this week and it really caught my eye. Beautiful car!

Speaking of which, the officer incorrectly wrote on the ticket that my car is an M5. I've read before that writing the wrong car is grounds for getting the ticket tossed out, but it seems too good to be true. If anyone has any experience or knowledge of that, please, let me know.

[sleeptech210]

Nice I cruised a 95 m3 for bit...they don't make em like they used to!

[Drzy]

Good news!

The 30 mph thing in section 545.352 of the TX transportation code doesn't apply! That limit is for "urban districts," which is defined at the bottom of the code. The Babcock area definitely does not qualify, for multiple reasons. The governing limit when there are no speed limit signs is... 60 MPH.

Party time!

[sleeptech210]

Nice recon work! Good to know! I have always live by the 30 mph if unsure in residential...

[DexterCat]

Originally Posted by Hedgehog_Mom

In urban areas, if there is no posted speed limit, the limit is set at 30 by the state. Farm to market roads and highways have a higher limit.

So if you don't see a speed limit sign anywhere, you're supposed to go 30 mph, unless you're on a highway or a farm-to-market road.

pretty sure HM just hit the nail on the head. if there is no posted limit, in neighborhoods it defaults to 25mph i believe. elsewhere, 30mph.

ignorance of the law is no excuse for breaking the law.

you may take that as an attack on you, but it isnt.

[DexterCat]

Originally Posted by Drzy

there's absolutely no way a reasonable person could have known that road is 30 MPH.

sure there is. pay attention in drivers ed class next time. if myself and others remembered this law, you can be sure a lot of other people do as well.

ignorance of the law is not an excuse to break the law.

[DexterCat]

Originally Posted by Drzy

I've done that before.

ahh, makes sense now, habitual speeder who thinks hes done nothing wrong.

lay off the gas or invest in a really good radar detector (valentine v1, escort 9500 or later, belkin 9000 or later) and be done with it, otherwise you can expect more tickets, mr habitual speeder

Originally Posted by Drzy

Good news!

The 30 mph thing in section 545.352 of the TX transportation code doesn't apply! That limit is for "urban districts," which is defined at the bottom of the code. The Babcock area definitely does not qualify, for multiple reasons. The governing limit when there are no speed limit signs is... 60 MPH.

Party time!

LOL good luck with that when you fight the ticket. babcock certainly qualifies as an urban area. take it from someone who is married to someone who works at a police department.

30 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley;

An urban area is characterized by higher population density and vast human features in comparison to areas surrounding it. Urban areas may be cities, towns or conurbations, but the term is not commonly extended to rural settlements such as villages and hamlets.


but do let us know how your fighting the ticket turns out

[majormadmax]

Originally Posted by Drzy

Good news!

The 30 mph thing in section 545.352 of the TX transportation code doesn't apply! That limit is for "urban districts," which is defined at the bottom of the code. The Babcock area definitely does not qualify, for multiple reasons. The governing limit when there are no speed limit signs is... 60 MPH.

Party time!

Don't get too excited, that area most definitely is an 'urban district' and if you think that is a good defense, you're gonna have a rude awakening in court!

Secondly, if you do go the lawyer route, be sure to follow-on and ensure that they do their job. It is not uncommon for traffic lawyers to wait until they have a bunch of cases before going to court to resolve them. Many times that doesn't occur until after your court date, which means a warrant is issued for your arrest for failing to take care of the ticket. Most likely you won't know about it until a) there is a warrant drive and you get a phone call or worse, b) you get pulled over again and may be taken downtown until such time as you can get it resolved. It is a common problem and many people are caught unaware...

Oh, and as for listing your car as an 'M5' on the citation instead of a 'M6,' that probably won't matter as long as the license plate and make/color are correct. It certainly isn't enough for a dismissal, especially since the officer has all your license information to prove it was you driving.

Good luck with your case, I hope it comes out in your favor but I wouldn't bet the barn on it. Still, you don't know until you try...

Cheers! M2

[Drzy]

Re: the urban district, here is the code. I've bolded the most important parts.

Source: Texas Transportation Code - Section 545.352. Prima Facie Speed Limits - Texas Attorney Resources - Texas Laws


Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,
§ 2 and Acts 1999, 76th Leg., ch. 739, § 1
(b) Unless a special hazard exists that requires a slower
speed for compliance with Section 545.351(b), the following speeds
are lawful:
(1) 30 miles per hour in an urban district on a street
other than an alley and 15 miles per hour in an alley;
(2) 70 miles per hour in daytime and 65 miles per hour
in nighttime if the vehicle is a passenger car, motorcycle,
passenger car or light truck towing a trailer bearing a vessel, as
defined by Section 31.003, Parks and Wildlife Code, that is less
than 26 feet in length, passenger car or light truck towing a
trailer or semitrailer used primarily to transport a motorcycle, or
passenger car or light truck towing a trailer or semitrailer
designed and used primarily to transport dogs or livestock, on a
highway numbered by this state or the United States outside an urban
district, including a farm-to-market or ranch-to-market road;
(3) 60 miles per hour in daytime and 55 miles per hour
in nighttime if the vehicle is a passenger car or motorcycle on a
highway that is outside an urban district and not a highway numbered
by this state or the United States;
(4) 60 miles per hour outside an urban district if a
speed limit for the vehicle is not otherwise specified by this
section;


(3) "Urban district" means the territory adjacent to
and including a highway, if the territory is improved with
structures that are used for business, industry, or dwelling houses
and are located at intervals of less than 100 feet for a distance of
at least one-quarter mile on either side of the highway.


That section of Babcock is unpopulated, save for I think one lone barn. There are far more than 100 feet between neighbors; it's closer to 1,000 than it is to 100.

[Drzy]

Majormadmax, thank you for your helpful posts on this, I appreciate it.

DexterCat, learn some manners, and perhaps some basic grammar. You may take that as an attack on you, but it isn't.