Challenging a BS speeding ticket

5,741 Views | 37 Replies | Last: 4 yr ago by gettingitdone
FTA_CO2022
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I got a speeding ticket for going 13 over which was "88 in a 75." The law says on my ticket "more than 10% over" but i know for a fact that my cruise control was set on 77. How can I prove this to the judge? I don't know what to do here. The ticket was in Burleson County where I drive through all the time and have never had to deal with the law enforcement before. Please help me. Im just trying to get some honest help.
Bob2525
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This one would be difficult. If you had a dashcam possibly a chance. Have a mechanic verify your speedometer, if it is off and you have documentation they may be lenient (probably not).
What I've seen in the past (and fail), request the police radar calibration documentation (I've heard of trees doing 20Mph).
Unless you have plenty of time to wait in a court room, it probably isn't worth the fight. If you really want to null the ticket, a good traffic lawyer would be suggested. I'm sure you could find an honest one on here somewhere.
cz308
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Sheriff's department or DPS? I only ask because I rarely see either one. DPS used to be out 3+ units on the weekends, but since this whole border thing started up, I don't see them much anymore.

I don't have any advice in fighting it. Maybe if you were in a pack of cars and someone was driving something similar to you and you were just the unlucky one. I don't know how radar works when there is a pack of vehicles and you happen to be driving slower than the rest.
SPI-FlatsCatter 84
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You will probably spend less time and money if the judge will dismiss with completion of a defensive driving class and a $150-200 donation
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Love Gun
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FTA_CO2022 said:

I got a speeding ticket for going 8 over which was "88 in a 75." The law says on my ticket "more than 10% over" but i know for a fact that my cruise control was set on 77. How can I prove this to the judge? I don't know what to do here. The ticket was in Burleson County where I drive through all the time and have never had to deal with the law enforcement before. Please help me. Im just trying to get some honest help.
I can't math today, but how is 88 in a 75 considered "8 over"?

Also, if you said that your cruise control was set at 77 in a 75 zone, didn't you just admit to speeding?
Koko Chingo
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There are too many variables to try and solve this on a forum. If this is worth fighting over try contacting an attorney. Shannon Flanigan in downtown Bryan does this kind of thing
texasaggie2015
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Honestly, from my experience, you're better off just paying the ticket and moving on. The whole process of fighting it can be a headache. If you have a clean record, I would just pay it.
Love Gun
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texasaggie2015 said:

Honestly, from my experience, you're better off just paying the ticket and moving on. The whole process of fighting it can be a headache. If you have a clean record, I would just pay it.
Yep. My kid got his first speeding ticket in Burleson County just a month ago. He was doing 95 in a 75 (like a dumbass). Ticket was $260-ish and he paid it off. I recommend doing the same - unless you can prove that you were under the posted speed limit of 75.
Rearview
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Love Gun said:

texasaggie2015 said:

Honestly, from my experience, you're better off just paying the ticket and moving on. The whole process of fighting it can be a headache. If you have a clean record, I would just pay it.
Yep. My kid got his first speeding ticket in Burleson County just a month ago. He was doing 95 in a 75 (like a dumbass). Ticket was $260-ish and he paid it off. I recommend doing the same - unless you can prove that you were under the posted speed limit of 75.
What is that going to do to insurance payments?
Love Gun
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Rearview said:

Love Gun said:

texasaggie2015 said:

Honestly, from my experience, you're better off just paying the ticket and moving on. The whole process of fighting it can be a headache. If you have a clean record, I would just pay it.
Yep. My kid got his first speeding ticket in Burleson County just a month ago. He was doing 95 in a 75 (like a dumbass). Ticket was $260-ish and he paid it off. I recommend doing the same - unless you can prove that you were under the posted speed limit of 75.
What is that going to do to insurance payments?
Don't know yet, but my yard is going to start looking better.
ratfacemcdougal
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And if you go to trial, you loose the opportunity to do defensive driving.

Quick recap, sort of, of a trial I sat on.

Prosecutor: Here is the verified and certified (not really) records from the radar. The law says if you are over the speed limit, you are speeding.

Defendant: There were lots of other cars, how can he be sure it was me.

Jury : guilty

full fine, plus costs...and now it is too late for defensive driving (and the bonus of insurance discount)
EliteElectric
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Also you can ask for "deferred adjudication" and just pay and it doesn't go on your record as long as you stay on the straight and narrow
txyaloo
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Love Gun said:

texasaggie2015 said:

Honestly, from my experience, you're better off just paying the ticket and moving on. The whole process of fighting it can be a headache. If you have a clean record, I would just pay it.
Yep. My kid got his first speeding ticket in Burleson County just a month ago. He was doing 95 in a 75 (like a dumbass). Ticket was $260-ish and he paid it off. I recommend doing the same - unless you can prove that you were under the posted speed limit of 75.
Why wouldn't you have him take defensive driving? You'd miss the insurance hit for the ticket and likely get a discount for having taken DD
Love Gun
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Never done it myself, so I never taught him. I was in the military right out of high school, so I bounced around to many countries and states
Esteban du Plantier
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You're gonna spend a lot more time and energy fighting it. Just pay your $172 and take defensive driving, assuming it wasn't an active construction zone and you don't have a CDL.

Do 'comedy defensive driving' online, just have it on mute while you're working. The verification questions anyone could answer without knowing you or watching the video. Get that done in one day, send the drivers record and certificate and you're dismissed in like 2 days.

This is easy.
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TXAGBQ76
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I don't think insurance companies offer discounts for DD any more. Mine said they know the only people who take DD is folks who were caught speeding- so why reward bad behavior.
txyaloo
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TXAGBQ76 said:

I don't think insurance companies offer discounts for DD any more. Mine said they know the only people who take DD is folks who were caught speeding- so why reward bad behavior.
Guess I'm lucky USAA does. Haven't had a ticket in 10+ years but get a DD discount.
JAG03
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The last several tickets I have gotten have been around $200ish and then I paid around $100 extra to defer them. It was really easy and painless other than the $300 dollars. How much does an attorney cost to fight it and what is their typical success rate of a standard ticket?
ratfacemcdougal
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TXAGBQ76 said:

I don't think insurance companies offer discounts for DD any more. Mine said they know the only people who take DD is folks who were caught speeding- so why reward bad behavior
State Farm still does the DD discount. Good for 3 years. If you shop and are doing the online course just for DD it can be found a little cheaper than the ticket dismissal cost (which has a state minimum). Speaking of...when the people advertise "no one is cheaper than us"...well that is true because the state says what the lowest price can be. So "no one is cheaper than us" but everyone else is the same price as us. ha ha
LOYAL AG
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So this thread started here

Quote:

Challenging a BS speeding ticket
then you admitted you were in fact breaking the law, or at least trying to. So the ticket wasn't BS?

Like others have said I'd guess your speedometer is off. A month ago I had to borrow a buddy's car for a few days and quickly remembered from prior experience with this car that his speedometer is off 10 MPH at highway speeds. In this case it's optimistic so 85 is really 75, etc. but the idea is the same. A year ago he had another car that was about 7 MPH off the other way at highway speeds. I've read that most motorcycle speedometers are wrong as well. I actually use a phone GPS every so often to see how fast I'm really going or look for the roadside radar trailers for a reality check. Car speedos aren't great.

If you really want to fight this get your speedometer checked and hope like hell it's off 8+ MPH. Then perjure yourself and tell the judge you had your cruise set at 75 and hope the cop doesn't remember you telling him it was set at 77.

Or as several others have said take DD and move on with your life.
The federal government was never meant to be this powerful.
Esteban du Plantier
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I find it hard to believe a modern car would be that far off, 88 when the speedo says 77, unless it's a truck with huge aftermarket wheels.
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SPI-FlatsCatter 84
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Uou can check your speed +/- 1 mph for free on your own by using a gps device

If you don't have one, download one for free
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LOYAL AG
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Esteban du Plantier said:

I find it hard to believe a modern car would be that far off, 88 when the speedo says 77, unless it's a truck with huge aftermarket wheels.
One was a 1999 Mustang (10 off), the other a 2008 BMW 3 series (7 off). The BMW was off from probably three years after he bought it, I don't know when the Mustang became a problem. I've driven both past radar trailers and been in both with a GPS phone app open and seen it happen. Some time in the late 90's I was driving a then new rental car and got a ticket doing 83 with the cruise set at 77.

Google showed me THIS article:

Quote:

But just how accurate are they? Well, as a matter of fact, they are not that accurate. Speedometers usually portray a slightly slower speed than what you are actually doing with an offset of around 2 - 4 miles per hour.

Many people believe that the reason why this is is that the manufacturer wants you to drive slower and safer, but as it turns out, it's more got to do with the wheel and tire sizes you have on your car.

Some trim levels have larger wheel sizes which increase your average speed ever so slightly, and if you have a smaller wheel size, there will be a very slight decline in your average speed.

It does blame tire/wheel sizes from different trim levels which makes sense. The speedo isn't calibrated for your car but rather for that model across the board.
The federal government was never meant to be this powerful.
techno-ag
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Back in the day I read that Mazda deliberately had the Miata's speedometer set wrong to make it feel like you were driving faster.
LOYAL AG
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techno-ag said:

Back in the day I read that Mazda deliberately had the Miata's speedometer set wrong to make it feel like you were driving faster.
I've heard the same about motorcycles. Given how some guys ride them it makes sense!
The federal government was never meant to be this powerful.
Justified
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I used John Quinn in Bryan to help me with a speeding ticket. Mainly because I had a CDL.
FTA_CO2022
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I was in a pack of 3 cars and he singled me out
FTA_CO2022
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Every time i look at speed comparisons on phone apps, its always way off, like 10-15 mph off. I dont ever trust those
FTA_CO2022
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Or maybe My truck was on the right speed and the cop was off
FTA_CO2022
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But the fact that he said I was going 88 to begin with is where is is complete BS. I did not admit to the cop that I was going 77 during the traffic stop, so that problem will not come up in court. But I know for a fact that I was not driving 88.

another thing to note: On my ticket it says "for going more than 10% over the posted speed limit" so at 77 in a 75, I was not going more than 10% over. Thats why I think this is worth fighting. There is a buffer zone at which they *usually* do not give tickets. So If i can somehow show that I wasn't more than 10% over than i shouldn't have received a ticket.
FTA_CO2022
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also sorry. i misstyped
texasaggie2015
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Trust me, I get it. My ticket was complete BS too. It still wasn't worth fighting it.

I had a clean record so I just paid the fees, took DD to keep it from effecting my insurance, and moved on. Saved a lot of headaches and costs. I have friends who fought theirs and they wished they hadn't.
FTA_CO2022
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FTA_CO2022
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another thing to note: On my ticket it says "for going more than 10% over the posted speed limit" so at 77 in a 75, I was not going more than 10% over. Thats why I think this is worth fighting. There is a buffer zone at which they *usually* do not give tickets. So If i can somehow show that I wasn't more than 10% over than i shouldn't have received a ticket.
FTA_CO2022
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