tips for fighting a speeding ticket :)

[LS20]

I got a ticket for doing 25 over (90 in 65) on interstate 35 in Austin, Texas.

By law, i can't take defensive driving for anything 25 AND OVER. I want to take DD because I don't want to pay the 300$ ticket and I don't want it to go on my record.

Because my offense was so borderline, I went ahead and set a court date. In my pretrial where I saw a prosecutor, I asked for DD but was denied. So I then went ahead and set a court date by judge.



Now, here's where I need help. Should I attempt to fight the ticket or just plead for the DD or reduced fine? I can say that it was noonish and, in the city, there was a fair amount of traffic that going 90mph was not possible. Also, because of all the other cars, the officer might have clocked the wrong car.

I was doing ~90 in the lonesome stretch before entering the city... I slowed down considerably once I got in the city and I do not weave at all.


please spare me the lectures. post if you have advice. also, i have an outside chance that the officer will not show up in court...what's the frequency that this case happens?

 

[Antisocial Virge]

I can say that it was noonish and, in the city, there was a fair amount of traffic that going 90mph was not possible

Lie in court might help

I don't want it to go on my record

Next time don't speed.

Could try a search, this subject has been beaten to death several times and probably deserves its own FAQ

i have an outside chance that the officer will not show up in court...what's the frequency that this case happens?

Wife did a ride-along with a cop, he loves when people try this cause he gets paid OT to show up, easy money

 

[SHoddyCOmp]

hah, theres a book on it actually. I forget what its called though
found it

Kinda funny in itself that it exists..
here

 

[SHoddyCOmp]

Oh eh i forgot, I would just say no contest and take it. You say you were speeding anyway getting into the city, it could be very possible that the cop was following for a little bit.

 

[kermalou]

in california, you could first do a trial by declaration (both you and the cop write your sides of the story), then if you lose that, you can request a court date, that increases the odds that the cop doesn't show up.

 

[thomsbrain]

radar guns usually take the fastest car, i think. if you were in the fast lane when he clocked you, i think you're nailed. keep it to 88 from now on.

 

[ddwbi0]

Originally posted by: SHoddyCOmp
Oh eh i forgot, I would just say no contest and take it. You say you were speeding anyway getting into the city, it could be very possible that the cop was following for a little bit.

I think if he's already set a court date, that means he has already plead "not guilty". I dont even know if you can get deferred adjudification at this point. This is from my exp. in Houston.

 

[LS20]

Originally posted by: Antisocial-Virge

Lie in court might help

No, you're right. I should just plead no contest. Hell, as should everybody else. That way, we can save tons of money by eradicating the judicial system. But really, it would be the truth. The flow of traffic was 80-85 at the spot where I was cited (on the ticket) and stopped.

Next time don't speed.

im just taking the opportunities given to me to fight my ticket. but, hey, if you feel like submitting to the state or just point out painfully obvious things then go right ahead.

Could try a search, this subject has been beaten to death several times and probably deserves its own FAQ

or you could try ignoring the topic if it bothers you. if this subject was "beaten to death" to the point where it had its own FAQ, i wouldve read it instead. but I'm glad that you're on the forum 24/7 anyways

 

[spanky]

i dont think there is an easy way outta this one unless u know someone to pull stringers for u. probably the cheapest and most realistic way outta this one is to get a lawyer.

 

[ddwbi0]

so you can still plead no contest after setting a court date?

 

[LS20]

Originally posted by: ddwbi0

Originally posted by: SHoddyCOmp

I think if he's already set a court date, that means he has already plead "not guilty". I dont even know if you can get deferred adjudification at this point. This is from my exp. in Houston.

I can plead no contest at any point of this process. I mean, they're not gonna impose a higher fine if I bypassed the court clerk and prosecutor to finally say guilty to the judge. however, i do think i can still revert to my original options (of Deferred, or Agressive Driving course). thanks anyways



kermalou: yeah, i read on a website that there were multiples way to fight a tickets.. and they would yield a high success rate at that.. however its for californians only =\

spanky007: im only going through this hassle so that I will only have to pay the cheaper fee of the DD class... having a lawyer would defeat the purpose

thanks all, keep it coming

 

[Grasshopper27]

Originally posted by: ddwbi0
so you can still plead no contest after setting a court date?

You can almost always change your plea.

The real way to get out of these things? Keep changing the court date. The first dates are set based on the time when the officer can be there. If you keep getting extentions, delays, etc. the odds increase each time that the officer will not show up. The day he doesn't show, request it be dismissed...

This is mostly what those $45 traffic lawyers do for you, works a lot of the time.

Grasshopper

 

[spanky]

Originally posted by: grasshopper26

Originally posted by: ddwbi0
so you can still plead no contest after setting a court date?

You can almost always change your plea.

The real way to get out of these things? Keep changing the court date. The first dates are set based on the time when the officer can be there. If you keep getting extentions, delays, etc. the odds increase each time that the officer will not show up. The day he doesn't show, request it be dismissed...

This is mostly what those $45 traffic lawyers do for you, works a lot of the time.

Grasshopper

that still works? i heard it doesn't anymore. i guess ymmv

 

[Bullhonkie]

I've had this page bookmarked but haven't read it in awhile. I don't know how pertinent it is to your situation, but there may be a few helpful tidbits buried in it somewhere.

http://home.att.net/~speeding/SPEEDING.html

 

[SHoddyCOmp]

Originally posted by: Bullhonkie
I've had this page bookmarked but haven't read it in awhile. I don't know how pertinent it is to your situation, but there may be a few helpful tidbits buried in it somewhere.

http://home.att.net/~speeding/SPEEDING.html

I like that page