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Old 01-18-2012, 08:44 PM
 
330 posts, read 1,373,309 times
Reputation: 266

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One problem is the speed limit *is* posted. It's posted as 45 MPH. I drive by the 45 MPH sign everyday, its why I was going 42. That speed limit sign is roughly 100 feet from where the officer was, and those of you who've driven on that small stretch of Babcock know there is nothing about it that warrants a lower speed. There's an apartment complex nearby that DOES deserve a lower speed, but it's on the other side of Luskey.

I'm going to request the trial by judge and see what happens. It sounds like this doesn't matter from a legal perspective, but it's definitely a bummer; there's absolutely no way a reasonable person could have known that road is 30 MPH. The county really needs to put a sign up for people entering Babcock from Luskey, or even better, increase the limit to 45 MPH like rest of Babcock.

 
Old 01-18-2012, 09:01 PM
 
Location: San Antonio, TX
8,399 posts, read 22,996,643 times
Reputation: 4435
Quote:
Originally Posted by Drzy View Post
One problem is the speed limit *is* posted. It's posted as 45 MPH. I drive by the 45 MPH sign everyday, its why I was going 42. That speed limit sign is roughly 100 feet from where the officer was, and those of you who've driven on that small stretch of Babcock know there is nothing about it that warrants a lower speed. There's an apartment complex nearby that DOES deserve a lower speed, but it's on the other side of Luskey.

I'm going to request the trial by judge and see what happens. It sounds like this doesn't matter from a legal perspective, but it's definitely a bummer; there's absolutely no way a reasonable person could have known that road is 30 MPH. The county really needs to put a sign up for people entering Babcock from Luskey, or even better, increase the limit to 45 MPH like rest of Babcock.
Sorry, but I know (and drive) that road pretty well and it is clear where the speed limit changes and why it does so. That road was repaved a few years back and a lot of the hills and curves were straightened out as you get closer to Grey Forest; but that section from 1604 to where the 45 MPH section begins is clearly is not a stretch of road to be traveling at 45 MPH! And the speed limit is not 45 MPH before that point, it is clearly 30 MPH as previously noted in your own graphic!

You can take your chances in front of a judge, but there is a possibility that you won't get the option of DD and driving school. Be careful on how you approach this, while I think you're better off only pleading your case to a magistrate, there's the possibility that he/she won't buy your argument.

As for the requirement to post a speed limit sign, it's not really necessary if the law states that the speed limit in absence of a sign is 30 MPH if that is the speed they set for the road. Think of the cost of having to put up these unnecessary signs all over every county road after each intersection.

I don't think you'll got a legitimate defense, and a traffic court judge will know that. If it's worth the time off work, trouble of going downtown and sitting through what could be hours of cases before yours comes before the judge, then finding you'll still have to pay the fine, court costs, etc are worth it to you, then good luck!

If I were in your shoes I'd apply online for DD, take the defensive driving class, be careful for the next 60-90 days (or whatever your probation period is), and then it all goes away. Heck, a day off work would cost me more than the ticket in the first place!

Cheers! M2
 
Old 01-18-2012, 09:01 PM
 
6,707 posts, read 8,783,124 times
Reputation: 4866
Quote:
Originally Posted by Drzy View Post
One problem is the speed limit *is* posted. It's posted as 45 MPH. I drive by the 45 MPH sign everyday, its why I was going 42. That speed limit sign is roughly 100 feet from where the officer was, and those of you who've driven on that small stretch of Babcock know there is nothing about it that warrants a lower speed. There's an apartment complex nearby that DOES deserve a lower speed, but it's on the other side of Luskey.

I'm going to request the trial by judge and see what happens. It sounds like this doesn't matter from a legal perspective, but it's definitely a bummer; there's absolutely no way a reasonable person could have known that road is 30 MPH. The county really needs to put a sign up for people entering Babcock from Luskey, or even better, increase the limit to 45 MPH like rest of Babcock.
I got a warning for going 2 mph over (i know i was going the posted limit because the area is quite frequented by BCSD so I set my cruise at the limit posted) over near zarzamora st last week from BCSD. I think he gave me a warning because he was bored and just wanted to pull someone over. I was polite to him and he was polite back but it was really annoying as I was on my way to work back from lunch.

I can't stand BCSD. They are such monkeys compared to SAPD. He probably pulled me over because of my car. He asked a lot of questions about it including how fast does it go.

They make a killing off the delivery trucks that aren't aware of their presence in the area.
 
Old 01-18-2012, 09:15 PM
 
2,382 posts, read 3,503,825 times
Reputation: 4915
Just be careful out there....Deputy Fife is on patrol.
Attached Thumbnails
Speeding Ticket - Bexar County - How to plead not guilty-3nf3k83o45t25w05x0acf21c8b0aa00a615b3.jpg  
 
Old 01-18-2012, 09:34 PM
 
Location: San Antonio, TX
11,495 posts, read 26,886,067 times
Reputation: 28036
Quote:
Originally Posted by MattTx View Post
I got a warning for going 2 mph over (i know i was going the posted limit because the area is quite frequented by BCSD so I set my cruise at the limit posted) over near zarzamora st last week from BCSD. I think he gave me a warning because he was bored and just wanted to pull someone over. I was polite to him and he was polite back but it was really annoying as I was on my way to work back from lunch.

I can't stand BCSD. They are such monkeys compared to SAPD. He probably pulled me over because of my car. He asked a lot of questions about it including how fast does it go.

They make a killing off the delivery trucks that aren't aware of their presence in the area.
At least you only got a warning. Some of my neighbors have been getting tickets for going two or three miles over the limit. They wait by the entrance to the neighborhood and just pull people over like crazy.

At the same time, I do like to ride my bike with my kids on that street, so I have to say I appreciate them enforcing the speed limits.
 
Old 01-18-2012, 09:51 PM
 
6,707 posts, read 8,783,124 times
Reputation: 4866
Quote:
Originally Posted by Hedgehog_Mom View Post
At least you only got a warning. Some of my neighbors have been getting tickets for going two or three miles over the limit. They wait by the entrance to the neighborhood and just pull people over like crazy.

At the same time, I do like to ride my bike with my kids on that street, so I have to say I appreciate them enforcing the speed limits.
I am glad he gave me a warning but when you get pulled over after being very careful to go the posted speed limit, you know that is nothing more than being harassed by an overzealous cop.

Every time I go down that road, I just set the cruise and coast down the road. I have passed by this guy many times but I guess one day he decided to just pull me over anyway.
 
Old 01-18-2012, 09:54 PM
 
36 posts, read 149,151 times
Reputation: 31
Pay a lawyer. They charge the price of the ticket plus $75...and they'll do it all for you.

You have a case, especially if you can provide photographic evidence.

My husband just went through a similar case...and won.
 
Old 01-18-2012, 10:04 PM
 
330 posts, read 1,373,309 times
Reputation: 266
Quote:
Originally Posted by majormadmax View Post
Sorry, but I know (and drive) that road pretty well and it is clear where the speed limit changes and why it does so. That road was repaved a few years back and a lot of the hills and curves were straightened out as you get closer to Grey Forest; but that section from 1604 to where the 45 MPH section begins is clearly is not a stretch of road to be traveling at 45 MPH! And the speed limit is not 45 MPH before that point, it is clearly 30 MPH as previously noted in your own graphic.
I'm not sure I follow. It's only clear where the limit changes if you're coming from the ends of Babcock, because there are clear signs posted where the 30 MPH zone begins. I turned onto Babcock from Luskey; there is no sign there, and no indication the limit would be anything other than the 45 MPH I'm used to when I turn from Heuermann onto Babcock. The road at that stretch is open and has no residences. The only reason I know about those 30 MPH signs is because I drove back to the area later to check everything out.

Quote:
As for the requirement to post a speed limit sign, it's not really necessary if the law states that the speed limit in absence of a sign is 30 MPH if that is the speed they set for the road. Think of the cost of having to put up these unnecessary signs all over every county road after each intersection.
I completely get your point and i agree to some extent, but I'm not so sure this applies here. Babcock is a major road, marked as 45 MPH. If we use the logic that no sign always equals 30 MPH, then that means every time you turn onto a road, and I do mean literally EVERY time, your speed limit is 30 MPH (since the posted limit is never immediately after the intersection). That certainly doesn't make sense. I think the no-sign-then-it's-30 logic is flawed, both in practice (as stated) and legally (there IS a sign, it says 45 MPH, and I had no reason to think there was a second magic sign further back on the road where it was impossible for me to see it).

Last edited by Drzy; 01-18-2012 at 10:17 PM..
 
Old 01-18-2012, 10:15 PM
 
330 posts, read 1,373,309 times
Reputation: 266
Quote:
Originally Posted by lovin'it View Post
Pay a lawyer. They charge the price of the ticket plus $75...and they'll do it all for you.
If I pay a lawyer, I may as well just pay for deferred adjudication and be done with it, since the lawyer's costs are about the same as the fine's. Which is fine, I've done that before. But this time, it's about the principle; for the first time in my life I got a ticket I truly think I didn't deserve, and I will fight it to the death!

Separately, since people have mentioned cars... I drive an M6, and the officer did make a comment about how we all like to drive nice cars fast, but it was brought up out of nowhere in a snarky tone of voice. Overall the officer was reasonably friendly, but the bitter tone he used on that sentence definitely left a bad taste in my mouth.
 
Old 01-18-2012, 10:31 PM
 
6,707 posts, read 8,783,124 times
Reputation: 4866
Quote:
Originally Posted by Drzy View Post
If I pay a lawyer, I may as well just pay for deferred adjudication and be done with it, since the lawyer's costs are about the same as the fine's. Which is fine, I've done that before. But this time, it's about the principle; for the first time in my life I got a ticket I truly think I didn't deserve, and I will fight it to the death!

Separately, since people have mentioned cars... I drive an M6, and the officer did make a comment about how we all like to drive nice cars fast, but it was brought up out of nowhere in a snarky tone of voice. Overall the officer was reasonably friendly, but the bitter tone he used on that sentence definitely left a bad taste in my mouth.
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.
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