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Unread 01-04-2008, 01:44 PM
 
Location: Austin, Texas
8 posts, read 19,832 times
Reputation: 20
Angry Bogus Speeding Ticket in Sealy

Hi, all.

I live in Houston, but I'm not a Texas resident and am not too familiar with Texas vehicular laws, so I'm wondering if anyone has any advice or experience with the System(tm).

On my way to Austin this morning, I was written a bogus speeding ticket in Sealy, Texas. I had stopped off to check the air in my tires, and from the exit I took, you had to drive through Sealy on Hwy. 90 in order to get back onto I-10 at the next exit.

As I'm leaving the main part of Sealy, I pass through a school zone. The limit dropped from 50 or 55 to 35, and I thought to myself was that the last thing I needed was some bozo in small-town Texas writing me a speeding ticket. So I braked to 30 mph and threw the transmission into 4th, went all the way through the school zone.

The speed limit then went back up to 50 or 55... then another school zone a quarter mile down the road. Before I even hit the school zone, I saw a cop's lights way in the distance, so I knew to go slower than the speed limit. Again, I braked to THIRTY mph, dropped the transmission into 4th, and went through the school zone.

Next thing I know, I see the aforementioned cop, who by now was driving some distance in front of the car in front of me, do this crazy U-turn at 30 mph, floor it and fly past me, and then do another crazy U-turn behind me. I knew I was in for it, probably because he noticed my car (from Louisiana) doesn't have a front license plate... so easy no-contest money for the city from this out-of-stater, no?

Anyway, the guy stops me, comes up to the car, and says I was doing 46 freaking mph in a 35. I was furious and nervous at the same time, so I said to the cop, 'That's not possible. I saw both school zones, I braked to 30 mph both times AND I drive stick so I'm sure of my speed. I was in 4th gear.' His response was, 'Uhhhh.... I.... SAID give me your license and proof of insurance.' Very professional indeed, for a retarded small-town hick.

So here I am, in Austin, with 200 dollar ticket in hand and the new-found desire to wipe Sealy off the face of the Earth. What I'm curious to know is, I noticed while driving through the first school zone that school holidays extend through this morning. I am thinking of constructing a defense based along the lines of, 'I insist that I was not speeding (elaborate, 30 mph, 4th gear, etc.). But even had I been doing 46 mph, this would not have been an unreasonable speed given that school was not in session and the school zone speed limit should not have been in force, and the speed limit otherwise would have been over 50 mph.'

Does anyone have any similar experiences or advice? I know that in certain jurisdictions and states, school zones are not in force on days when schools are not in session. I don't know if this is the case in Texas or not.

John
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Unread 01-04-2008, 01:48 PM
 
Location: Hot-Houston Texas
19,792 posts, read 16,953,061 times
Reputation: 27520
Get a lawyer, I have heard that is the officer doesn't show up on the court date, the case is dropped.
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Unread 01-04-2008, 02:32 PM
 
Location: San Antonio-Westover Hills
6,114 posts, read 10,028,434 times
Reputation: 3625
You don't even need a lawyer, IMHO! Just go with the school calendar, probably found on Sealy ISD's website. That is just screwed up!

Good luck!!
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Unread 01-04-2008, 05:45 PM
 
Location: Hutto, Tx
8,255 posts, read 12,837,719 times
Reputation: 1978
They aren't in effect when School is out. I would contest it. Do what Mom2Feebs recommended, and the judge will probably throw the case out. He must have been a wigged out rookie or something. You did good slowing down though and remembering what people have said about slowing down in the small towns And if the cop doesn't show up, case dropped. I had a cop no show one of my tickets and I couldn't have been happier
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Unread 01-04-2008, 05:51 PM
 
333 posts, read 900,777 times
Reputation: 346
We get paid for court time....

You will win ( Normally) if the officer doesn't show.. on very rare occasions the judge will reschedule in favor of the officer

If you were doing 46 you're guilty. The sign normally will state "when children are present".. but thats Cali and not Texas... Texas is harder on everything

I am one of the retarded hicks you are referring to... last time I was checked by a brain surgeon I was neither retarded... or a hick..

I think my screen name is perfectly applied to your story.....
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Unread 01-04-2008, 06:23 PM
 
Location: Los Angeles California
9,147 posts, read 6,441,212 times
Reputation: 3782
Quote:
Originally Posted by notmeofficer View Post
We get paid for court time....

You will win ( Normally) if the officer doesn't show.. on very rare occasions the judge will reschedule in favor of the officer

If you were doing 46 you're guilty. The sign normally will state "when children are present".. but thats Cali and not Texas... Texas is harder on everything

I am one of the retarded hicks you are referring to... last time I was checked by a brain surgeon I was neither retarded... or a hick..

I think my screen name is perfectly applied to your story.....
you're ONLY a retarded hick when you act like the irrational officer in the story. when you live in texas and have to experience the bullying and extortion that goes on in those texas towns, you'd feel a lot differently and wouldn't have such an attitude toward taxpayers/motorists just trying to get thru their day.
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Unread 01-04-2008, 10:47 PM
 
Location: Houston- Clear Lake City
7,434 posts, read 13,866,847 times
Reputation: 3222
Quote:
Originally Posted by Mom2Feebs View Post
You don't even need a lawyer, IMHO! Just go with the school calendar, probably found on Sealy ISD's website. That is just screwed up!

Good luck!!

Agreed 100%.

Maybe get a statement notarized to correspond with the school calendar before you set foot in the courtroom.

I've represented my own self (and won) in a full blown lawsuit. If the courtroom seems like an intimidating thought, don't let it be. After that incident I truly believe our judges are fair enough. You'll be fine!
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Unread 01-05-2008, 01:32 AM
 
Location: East Texas, with the Clan of the Cave Bear
1,386 posts, read 1,975,779 times
Reputation: 1053
Quote:
Originally Posted by apocatastasis View Post
Hi, all.

I live in Houston, but I'm not a Texas resident and am not too familiar with Texas vehicular laws, so I'm wondering if anyone has any advice or experience with the System(tm).

On my way to Austin this morning, I was written a bogus speeding ticket in Sealy, Texas. I had stopped off to check the air in my tires, and from the exit I took, you had to drive through Sealy on Hwy. 90 in order to get back onto I-10 at the next exit.

As I'm leaving the main part of Sealy, I pass through a school zone. The limit dropped from 50 or 55 to 35, and I thought to myself was that the last thing I needed was some bozo in small-town Texas writing me a speeding ticket. So I braked to 30 mph and threw the transmission into 4th, went all the way through the school zone.

The speed limit then went back up to 50 or 55... then another school zone a quarter mile down the road. Before I even hit the school zone, I saw a cop's lights way in the distance, so I knew to go slower than the speed limit. Again, I braked to THIRTY mph, dropped the transmission into 4th, and went through the school zone.

Next thing I know, I see the aforementioned cop, who by now was driving some distance in front of the car in front of me, do this crazy U-turn at 30 mph, floor it and fly past me, and then do another crazy U-turn behind me. I knew I was in for it, probably because he noticed my car (from Louisiana) doesn't have a front license plate... so easy no-contest money for the city from this out-of-stater, no?

Anyway, the guy stops me, comes up to the car, and says I was doing 46 freaking mph in a 35. I was furious and nervous at the same time, so I said to the cop, 'That's not possible. I saw both school zones, I braked to 30 mph both times AND I drive stick so I'm sure of my speed. I was in 4th gear.' His response was, 'Uhhhh.... I.... SAID give me your license and proof of insurance.' Very professional indeed, for a retarded small-town hick.

So here I am, in Austin, with 200 dollar ticket in hand and the new-found desire to wipe Sealy off the face of the Earth. What I'm curious to know is, I noticed while driving through the first school zone that school holidays extend through this morning. I am thinking of constructing a defense based along the lines of, 'I insist that I was not speeding (elaborate, 30 mph, 4th gear, etc.). But even had I been doing 46 mph, this would not have been an unreasonable speed given that school was not in session and the school zone speed limit should not have been in force, and the speed limit otherwise would have been over 50 mph.'

Does anyone have any similar experiences or advice? I know that in certain jurisdictions and states, school zones are not in force on days when schools are not in session. I don't know if this is the case in Texas or not.

John

Sorry John for your bad experience withBarney Fife!

Here is some good info for you:

SpeedTrap Exchange

Check out the homepage too!
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Unread 01-05-2008, 09:26 AM
 
29 posts, read 80,275 times
Reputation: 23
Quote:
Originally Posted by BobTex View Post
Sorry John for your bad experience withBarney Fife!

Here is some good info for you:

SpeedTrap Exchange

Check out the homepage too!
Thanks for this link, BobTex, it's a gem.

Last year I got a ticket in Boise, Idaho, by a cretin cop for doing 30 (the posted speed limit) in a school zone while school was not in session. The fine print (not visible unless you stop the car and get out) on the bottom of the sign said "7:30 am to 4:00 pm". The cop said that applies everyday, even Saturday, Sunday and holidays, even when the flashing yellow light is not flashing.

Neanderthals in uniform aren't a Texas monopoly by any means.
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Unread 01-05-2008, 10:01 AM
 
7,145 posts, read 7,794,019 times
Reputation: 2134
If you have out of state license plate, you will be a target. I occasionally use a rental car for my job, and am very careful when the plates say Ohio, Oregon, Illinois, etc.

My one and only ticket ever, I incurred in Denton, TX. Was told by a very overweight cop on a motorcycle that I went through a red light. The good ole boy in the truck behind me also went through the plainly YELLOW light and was not stopped. I had Oregon license plates. So I wrote the judge, it was Christmas season, sent him a nice card, and he rescinded it! Just a thought.
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