How To Fight A Speeding Ticket In Texas?
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards. Tran. Code §545.351(a) & (b)(1)1
We’re all familiar with the scene. You were driving and you get pulled
over on the side of the road. You were going to fast, and now you’re
ready to learn all about how to fight a speeding ticket. We’ve heard
of the usual sob stories: “my grandmother died, and I have to speed to
make it to her funeral,” or even something as simple as, “I’m sorry
officer, I wasn’t watching my speed.”
Fight Your Speeding Ticket Before You Even Get Pulled Over
It’s quite possible to avoid most speeding tickets. The trick is
simple: just don’t get pulled over. Of course, if you’re driving down
the freeway of, say, Austin Texas, and enjoying the wind on your hair
and forget to pay attention to the signs, then you’re in trouble. But
if you pay attention, you can avoid 95% of tickets.
Fighting A Ticket After You Get Pulled Over
Be polite to the officer who has pulled you over. While most places
say you shouldn’t confess any guilt, if the police officer has any
evidence on you, you shouldn’t lie. If you’ve watched any Cop shows,
you’ll know that sometimes people try and lie about something the
officer has solid proof of. This can add to the crime, so be careful.
Try and play the “dumb and dumber” card is one popular suggestion.
When the officer asks you, “Do you know how fast you were going,”
apologize, and say no. Unless, of course, you did know how fast you
were going. Many people are much more willing to fine someone who
simply made a mistake then someone who didn’t know they were going
If you do not know the speed in a certain area, and were going with
your best guess, say so. “Officer, I am so sorry. I must have gotten
distracted, but I haven’t seen any signs for the last thirty miles
about what the speed limit was. I am terribly sorry, but I don’t know
what the speed
limit is on this road… Can you tell me?”
Obviously avoid this on a road where you can clearly see the signs posted.
Paying Your Fines
The amount you will have to pay for your ticket varies, of course.
There are a few average amounts for the money you’ll have to pay in
Texas, but this can vary as well, especially if they were able to
charge you with anything else.
For those going 1-5 miles over the speed limit, you should know that
you can expect to face at least $165 fine. Those going 30 miles or
more over the speed limit can pay up to $300. So, if you have been
pulled over by a police officer, play nice.
Texas is one of the states i call a revenue state because they hand
out speeding tickets like there going out of style. In Texas you can
get a speeding ticket for just 3 to 5 mph over the limit. In this
state i suggest always use a traffic attorney. The judge in Texas is
more in favor of getting revenue for his jurisdiction. In some places
in Texas a speeding cop will be located every 5 miles of interstate. I
had a friend who lived all his life in Arizona without ever getting a
speeding ticket. He moved to Austin, Texas and within his first year
he got 2 speeding tickets. His driving style never changed just his
location. Texas is very ticket happy im sad to say. Odin got his first
speeding ticket in Austin for going 40 in a 35 mph zone his first
month there. So be careful in Texas everything is big including the
amount of tickets handed out.
“Public Safety Officer” or “Texas State Trooper.”
Stone faced and cold hearted driving fear into the motorist soul. That
is the unofficial motto of the Texas state highway patrol. Breathe
deeply and calm down from the initial adrenalin surge of realizing
you’re being pulled over. Keep your head about you, and make sure you
remeber every little detail of the traffic stop. Be polite and
unassuming remeber you dont want him to remeber you this is how Mr.
Ringler beat a ticket in Arizona the officer forgot who he was in
court. Sign the ticket. This is not an admission of guilt, just an
acknowlegement that you received the ticket. Then drive off into the
night being just another speeding ticket the “Safety officer” gave out
that day. In Texas you have 10 days to respond to the ticket do it on
the 9th day certified mail. Rember when fighting a speeding ticket in
any state delay, delay, delay the longer it takes the more the officer
If you lose then you may then have the option of attending a
defensive driving safety class to dismiss the ticket. If you’re found
guilty of going above 95 mph, however, you will not be able to take
the class for ticket dismissal. For serious violations, or violations
that may put you over the point limit, you may want to contact a
lawyer who specializes in traffic cases.
Texas employs a unique penalty system called the “Driver
Responsibility Program” for those whose moving violations are
particularly egregious or frequent. The basis for this program is a
series of annual fines, also called surcharges, for those guilty of
these offenses. (Revenue) What Texas calls “surchargeable
violations” are typically the kinds of transgressions that constitute
crimes, such as DWI, driving without insurance, or driving without a
license. If you go through the court system, it’s probably a
surchargeable violation. A surchargeable violation will result in you
paying a substantial additional fine annually for several years after.
These extra fines can be from $100 each year to a monter fine of
$2,000 per year for three years. Since the additional penalties can
add up to $6,000 total, you will want to discuss these cases with a
Other violations can result in you paying these revenue surcharges,
if you get enough tickets. If you have six or more points against
your driver’s license, you’ll pay $100 a year extra for the first six
points and $25 for each additional point after six. For three years
after the ticket. Habitual violators those who have accumulated four
moving violations in a 12-month period or seven moving violations in a
24-month period. You can look forward to your license being suspended
if you get this many citations. That is why always fight a speeding
ticket no matter what the cost. Dont speed in Texas!
Texas Speed Limits
80 MPH in daytime for vehicles other than truck tractors, trailers, semi-trailer and trucks above 26,000 pounds on Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward Counties. § 454.352(h-1)
B) 75 MPH during the daytime in counties with a population density of less than 15 persons per square mile. § 454.352(h)(1) & (2)
C) 70 MPH during the daytime on “numbered” highways and farm/ranch-to-market roads outside an urban district2 Tran. Code §545.352(b)(2)
D) 65 MPH during the nighttime on “numbered” highways and farm/ranch-to-market roads outside an urban district Tran. Code §545.352(b)(2)
E) 60 MPH during the daytime on highways that are not “numbered” and that are outside of an urban district Tran. Code §545.352(b)(3)
F) 55 MPH during the nighttime on highways that are not “numbered” and that are outside of an urban district Tran. Code§545.352(b)(3)
G) 30 MPH in an urban district Tran. Code §545.352(b)(1)
(H) 15 MPH in an alley Tran. Code §545.352(b)(1)
(I) 15 MPH on a beach Tran. Code §545.352(b)(5)
(J) 15 MPH on a road adjacent to a public beach if declared by the Commissioners Court of the county
Texas law gives United States military commanders the authority to alter the prima facie speed limits on state highways within a United States military reservation
Commercial Motor Vehicle (CMV) Operators
A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 “serious traffic violations”12 within a 3-year period or (2) commits 3 such violations within a 3-year period.
Period of Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days.Tran. Code §522.081(a)(1) & (2)
Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. Tran. Code §522.081(a)(1) & (2)
1 An operator shall reduce speed when approaching and crossing an intersection or railroad grand crossing, approaching a curve or a hill crest, traveling an a narrow or winding roadway, or facing special hazards such as pedestrians, weather or highway conditions. Tran. Code §545.351(c)
2 These speed limits apply to passenger cars or motorcycles, passenger cars or light trucks towing a trailer bearing a vessel, passenger cars or light trucks towing a trailer used primarily to transport a motorcycle, or passenger cars of light trucks towing a trailer or semi-trailer used primarily to transport dogs or livestock.. Tran. Code §545.352(b)(2) A “light truck” is defined as a truck with a carrying capacity of £ 2,000 lbs. and includes pick-up trucks, panel delivery trucks and carry-all trucks. Tran. Code §545.352(d)(2)