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Old 05-03-2011, 03:25 PM
 
8 posts, read 19,373 times
Reputation: 11

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I received my first speeding ticket in 6 years Friday night, sadly. I was pulled over by a state trooper and gave me a ticket for doing 73 in a 65. I have never heard of anyone giving a ticket for that unless its over 10 so it caught me by surprise. It was in McClennan County on I35 and the court date is next week. I was wondering what course of action I can take for the speeding ticket, other than paying the fine. I would take defensive driving but it's $108 + $30 for the course which would be a bit more than the cost of the ticket. Should I just plead not guilty and do a trial by jury? Thanks in advance
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Old 05-03-2011, 03:36 PM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
Let me get this straight - you weren't going 65 or below, you acknowledge you were speeding, there's an easy out of going to defensive driving so it doesn't go on your record or impact your insurance rates, but you're considering getting a lawyer and going to a jury trial (a heck of a lot more than $108 plus the cost of the course, I'm pretty sure) with a defense of, "But, your honor, I was only breaking the law a little bit!"?

That's sort of like claiming to be a little bit pregnant and your argument of "but I never heard of anyone getting a ticket for less than 10 mph over" sounds a little bit like, "but it was only the first time, no one ever gets pregnant the very first time!"

My advice is, be an adult, admit you chose to violate the law and this is the predictable consequences of that, take the defensive driving course, learn a lesson, and get on with your life.
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Old 05-03-2011, 03:38 PM
 
Location: Greenville, Delaware
4,726 posts, read 11,979,752 times
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Plead "nolo contendere" or "no contest" on the ticket form and pay the fine.
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Old 05-03-2011, 03:44 PM
 
Location: USA
194 posts, read 524,643 times
Reputation: 236
It's extremely difficult to get out of a speeding ticket if it's issued by a state trooper. At least, that's what the rumor is. But don't be surprised at getting pulled over for barely breaking the speed limit. If you look through my post history, you'll find my diatribes on the state's abuse of power when it comes to issuing traffic citations. Simply put, the state needs a way to generate more revenue, and tickets are a great source of income. So don't expect the usual 5-10 mph over the speed limit grace anymore.

I would suggest taking defensive driving in order to eliminate a raise in your insurance rates. But if you really want to get out of the ticket, your best bet is to show up to court, and pray the cop doesn't show up. If he doesn't, you're off the hook. Jury trials in traffic court are notorious for finding all speeders guilty. The only way to prove you're innocent is to ask the police officer what radar/laser gun he was using and when it was calibrated. Try to create some doubt, and that might set you free from the ticket.

With that said, good luck!

ETA: I recommend investing in a radar detector. If it ever saves you from just one ticket, it'll be well worth the purchase.
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Old 05-03-2011, 03:49 PM
 
Location: League City
3,842 posts, read 8,269,751 times
Reputation: 5364
Quote:
Originally Posted by TexasHorseLady View Post
Let me get this straight - you weren't going 65 or below, you acknowledge you were speeding, there's an easy out of going to defensive driving so it doesn't go on your record or impact your insurance rates, but you're considering getting a lawyer and going to a jury trial (a heck of a lot more than $108 plus the cost of the course, I'm pretty sure) with a defense of, "But, your honor, I was only breaking the law a little bit!"?

That's sort of like claiming to be a little bit pregnant and your argument of "but I never heard of anyone getting a ticket for less than 10 mph over" sounds a little bit like, "but it was only the first time, no one ever gets pregnant the very first time!"

My advice is, be an adult, admit you chose to violate the law and this is the predictable consequences of that, take the defensive driving course, learn a lesson, and get on with your life.
I agree. I was thinking along those same lines since it *is* speeding.

Not sure how much the ticket is, but I know from past experience they are not cheap. But in your case, this is how I see it:

((your time in court, potential lost wages) + ticket hassle + risk of losing) > (defensive driving from your home computer and be done with it)

Take defensive driving and be done with it.
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Old 05-03-2011, 03:52 PM
 
8 posts, read 19,373 times
Reputation: 11
Defensive driving is actually more than the cost of the ticket.
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Old 05-03-2011, 03:53 PM
 
Location: USA
194 posts, read 524,643 times
Reputation: 236
Quote:
Originally Posted by ascension View Post
Defensive driving is actually more than the cost of the ticket.
Factor in the insurance rates and defensive driving will sound like a good idea, man.

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Old 05-03-2011, 03:57 PM
 
8 posts, read 19,373 times
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Fair enough, but I wasn't planning on getting a lawyer anyways though.
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Old 05-03-2011, 04:02 PM
 
Location: Purgatory (A.K.A. Dallas, Texas)
5,007 posts, read 15,423,702 times
Reputation: 2463
Quote:
Originally Posted by ascension View Post
I received my first speeding ticket in 6 years Friday night, sadly. I was pulled over by a state trooper and gave me a ticket for doing 73 in a 65. I have never heard of anyone giving a ticket for that unless its over 10 so it caught me by surprise. It was in McClennan County on I35 and the court date is next week. I was wondering what course of action I can take for the speeding ticket, other than paying the fine. I would take defensive driving but it's $108 + $30 for the course which would be a bit more than the cost of the ticket. Should I just plead not guilty and do a trial by jury? Thanks in advance

Deferred adjudication is better than defensive driving. Do that.
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Old 05-03-2011, 04:12 PM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
Quote:
Originally Posted by SteelBubble View Post
It's extremely difficult to get out of a speeding ticket if it's issued by a state trooper. At least, that's what the rumor is. But don't be surprised at getting pulled over for barely breaking the speed limit. If you look through my post history, you'll find my diatribes on the state's abuse of power when it comes to issuing traffic citations. Simply put, the state needs a way to generate more revenue, and tickets are a great source of income. So don't expect the usual 5-10 mph over the speed limit grace anymore.
SteelBubble, if you're speeding when you get a speeding ticket, the state trooper isn't "generating revenue" or "abusing power", he's doing what he's paid to do, enforcing the law. Which you, yourself, made the unilateral decision shouldn't apply to you.

So quit whining and own up to and take personal responsibility for the predictable consequences of your own actions. (I'm beginning to think that the ability to do that should be a prerequisite to getting a driver's license.)

Unless you really do believe it can't happen the first time and a woman can be just a little bit pregnant. In which case you've got bigger problems ahead of you than a simple speeding ticket.
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