I was given a ticket for going 73 MPH on a 60 MPH highway in Texas. The speed of traffic was going at least as fast as me. If I had been going 60 it would have been an impediment to traffic. Can I fight this ticket?
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Anonymous
ANSWERS: 12
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Well, it's kind of the same thing we're told when we're kids -- it doesn't make it right just because everyone's doing it. The defense that you would impede traffic by driving the lawful speed limit probably won't fly, as most judges or hearing officers don't often excuse illegal behavior. And the reasonable person probably doesn't believe that driving the speed limit in the right hand lane would create more danger than speeding. Pay the ticket and be glad you arrived to your destination safely.
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An officer can only stop one vehicle at a time. there must have been another reason he chose you, rather another of the pack cars. you may have been the closest vehicle to him for a safety stop. there are always reasons why an officer makes the choice of one vehicle over another. What is your past traffic violation record? were you wearing your seat belt? did you have current license plates on your vehicle? these questions, and many more, have a bearing on the officers decision of stop or no stop. If you qualify, go to the defensive driving class. you will learn from the class and your citation will be dimissed, upon completion.
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Have you ever gone fishing? If so, have you ever caught all the fish at once? Probably not, but sooner or later, that other fish will get its turn. Same thing for those of us who get pulled over and say it's not fair.
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You can fight any ticket you get, but that doesnt mean that your going to win. If you fight the ticket you'll probably just end up paying more money, especially if you hire a lawyer for your defense. Usually a judge will take the cops word over yours, even if your right or not. In Texas a judge would most definitely listen to a cop before you. If it were me i'd just pay the ticket and save myself some time
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Unfortunately you where the one picked out, and you have to wear it. Simple fact is you where speeding like the others but you where the unlucky one. No point in fighting it as you where speeding.
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You can try but it will do you know good. That defense has been tried and tried again and it fails everytime.Kinda like if everyone starts jumping off the bridge are you going to too? You broke the law, you would not have been impeding traffic as for them to be slowed by you doing the limit would only be causing them to observe the limit set down by the law. If they are passing you they are breaking the law and will be the ones pulled over not you. If it had been a law enforcement vehicle making everyone do the limit he would not be impeding but enforcing the law.
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You can certainly fight it, but the old "Everyone else was going even faster" doesnt cut it with any judge. If I were you I would just pay it, thats pretty fast.
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Actually, Texas is one of a few states where the "sign" is not the law. The statute says you must maintain a "resonable and prudent" speed at all times. So yes, in Texas, the fact that everybody else was going about the same speed makes it "reasonable and prudent" for you to do the same, as going 10-15 mph slower than everyone else is dangerous for you and them. Actually, virtually every ticket written in Texas actully violates State law regarding how tickets are to be written and there is a lot more to know. I get a couple of tickets every year...and haven't paid one in Ten years because of several technicalitys I know. but it is not easy...these crooks really want the money and to *($% with your rights.
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I have a policy. Call me an ass, but for the next two months there's a crackdown on speeders, etc. So, I leave VERY early, and do the exact speed limit the entire way. There's a 6 lane divided highway here that is a 50 zone (km/h not mph) - everyone does about 70 or 80. So, there's me doing 50 on the dot and I'm almost sure I will be hit. Basically, the law says I can't keep up with traffic because I can't beat the ticket with that defence, but if I follow the letter of the law and do the limit, I am impeding traffic and could have a problem on an insurance claim. I have lots of time to think about that since I go so slow. I gave up a long time ago...
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Once while speeding down Houston TX I-10 in a convoy, I was stopped by a Texas State Trooper and cited for speeding 73 in a 60 mph zone. I asked the Trooper, "How about all those other assholes that passed me?" The Trooper replied, "One asshole at a time". I paid the ticket.
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No, the court will still consider that you were speeding...if you had not wanted to impede traffic you should have pulled over..at least that's the way I think the court will think.
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It's not worth it. Because I think you are only allowed a five mile over the limit any more then hang it up.Plus I live in Texas.I used to drive a truck and this is what they would say.
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