Speeding Ticket on Mopac -- Need advice please (Austin, Howe: car insurance, mover)

[j_kovacs]

Hello there,

I'm hoping to get some advice from some wise people here. I was pulled over this morning driving southbound on Mopac, just past the overpass of 183, and a cop pulled me over for speeding. I am more than certain I was not speeding but simply keeping up with the flow of traffic, everyone says that I know, but I recall looking down at my speedometer and noting the needle just about the 55mph dash. But the guy said the laser clocked me doing 65mph in a 55mph. (Mopac is all under construction now, so it's 55mph for a stretch)

I've been looking online all day trying to figure out what to do, do I contest the ticket in court, do I just take the DD class to get it off my record, etc. This is my first speeding ticket that I have ever gotten, I even broke down crying when I got the ticket because I just really can't afford the fine right now.

So my question to anyone willing to help me is, if I try to contest in court and plead 'not guilty' (I really don't have the evidence to support my innocence other than my side of the story and the basic information I wrote down myself after the incident like weather, driving conditions, etc.), what would my chances be in hopes that the officer does not show up to the hearing if I move up the date? Second question, if I decide to take the driving safety course and get the ticket dismissed... do I still have to pay the fine, along with court fees and the DD course cost? What costs do I actually have to pay for? My ticket is for $165 and I just want to know what avenue would be the most cost-effective for me. I can't really afford a traffic lawyer or court costs even, which I've read can be like $105. If I go into court even to request taking a driving course to dismiss the ticket, is there a cost for that? Any help/information would be appreciated. Thank you.

[Austin97]

this online defensive driving class costs $25

Online Defensive Driving Course, Texas Defensive Driving | Comedy Guys

I would probably go that route.

Ill add that I use my cruise control to ensure Im not speeding.

[j_kovacs]

Thanks for the link! I was looking on the Austin Municipal Court website about eligibility for taking a driving course and noted the requirements....

Requirements:

- The court must receive your request to take the course no later than the appearance date on your citation [Contact Information].
- Only “moving violations” are eligible but you cannot take it if the violation is:
-- Speeding 25 mph or more above the posted speed limit
-- No insurance or failure to maintain financial responsibility
-- Leaving the scene of a collision
-- Passing a school bus, or
-- Cited while driving in a construction zone when workers were present
- Violation must have occurred in a motor vehicle including a motorcycle (not Bicycle or other Non-Motorized Vehicle).
- You (the driver) cannot have a commercial driver license (even if the violation happened while in your personal vehicle).
- If you are a juvenile [see options for juveniles], you cannot sign up on your own but must come to court first.
- You must have current, valid proof of insurance; except for military personnel.
- You must currently have a Texas driver’s license; any other driver license is allowed for military personnel and their families.
- You must be able to pay $113 (or $138 if violation was in a school zone).
- You must complete the Driver Safety Course (DSC) Form and bring/send it to the court no later than the appearance date on your citation [Contact Information].


I meet all the requirements, however, I do have a question for anyone who may know... the line that is in bold, you must be able to pay $113... what does that even mean. Do I actually have $113 to my name that I can pay if needed, or do I actually have to pay $113 to someone?

[JackGriffin]

There are many more charges involved with taking defensive driving. It will cost less than the ticket, but still much more than the cost of the class. Keeping the ticket off your record may prevent a possible effect on your insurance rates.

If you are absolutely certain that you were not speeding, you can contest it and make the officer prove that you were. I'm not an attorney, so I don't know what all would be involved at that point.

[10scoachrick]

I'll say staying at 55 on the Mo' is like having a root canal.! However, I did it Saturday morning and most folks were right there or maybe up to 60mph. However, there were idiots weaving in and out at well over 75 in a FOGGY, drizzly WORK ZONE. I love the three lane swerve to hit some of the intown exits also!

Never saw a LEO Saturday on the inbound or outbound trip. I actually thought for a moment that perhaps there was no work going on in the 'work zone'; but almost immediately I saw an earth mover doing its thing in the former median area. Not a LOT of workers; but it's still a work zone

[RoadWarrior12]

You actually have to pay the $113, plus the class. Submit the completion certificate, the plea and the fee.

If you choose to fight it, you stand an excellent chance of losing and your fine will be up to the court to decide.

[atxcio]

You can look at the ticket for any errors the cop might have made (long shot), you can go to the court for an appearance anytime before the date (and just talk to them about your case and why you think the cop was wrong at clocking you at 65, but that has little chance of working without evidence). They may offer you a lower fine, but don't do that -- you will pay much more in insurance increases because the ticket will go on your record.

The best option for a first ticket is defensive driving. It will remove the ticket from your record, and your insurance won't go up (you may even get a discount because of the course).

You need to come up with the money for DD somehow, because the alternative is much more expensive. You don't have to pay all your expenses at once -- you do the pay for the course, take it, then you mail (or bring in) your certificate and pay the court costs. So you have some time to save up.

[j_kovacs]

So by accepting and doing the defensive driving course, essentially I'm paying almost as much as what my ticket fine is (through the cost of the course, plus court fees and anything else they decide to charge me for), but taking and passing the course will eliminate the ticket from my driving record and save my insurance from going up, is that about right?

I could attempt to do my research and gather some "evidence" by checking on the laser radar manufacturer and making sure it's been tested and calibrated correctly. I could try and go to court and attempt to use the heresay rule. My speed reading was based off a laser according to my ticket, and those can be subject to error when driving in heavier traffic, which I was at 9:30 in the morning, and perhaps it picked up multiple speeds from multiple cars around me. Anyone who is knowledgeable of this sort of thing, how could I go about getting that kind of information? Would it be worth trying to go this avenue?

[banal]

There remains the possibility he clocked another car going at the 65 mph mark and due to limitations of the eye he thought you were the driver that was speeding. It's impossible to prove this in court and would be just a waste of time trying to prove it. You could try your luck in court to see if the LEO that issued your ticket does not show up to testify and get the ticket automatically dismissed. However the odds of this happening are very low since they are often paid (even overtime, if applicable) to show up in court.

Since this is your first ticket I would suggest just taking the DSC and just pay the fine out in payment plans if you really cannot afford the fine.

[Witty User Name]

If you take defensive driving, you can also use the insurance copy of the completion certificate to get a 10% discount on the liability portion of your car insurance for the next 3 years.