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Received a speeding ticket but posted speed limit was wrong on ticket
Anonymous6 views4 answers
I received a 73 in a 60 however the posted speed limit is 65. The officer apparently didn't realize the 65 MPH posted speed limit. I am in Texas and I am going before the prosecutor next month. My question, is since the officer failed to correctly post the posted speed limit is it fair to say he might have not accurately got my speed correct? Can I use the "presumed" speed definition here? Would another defense be all the different speed limits in the city? There are 60/65/70/75 fluctuating all over the county of Dallas. I am now only 8 miles over the posted speed limit.
Art. 827a, Sec. 8, of the Texas Statute help my defense?
I'm not sure what the "presumed" speed definition is, but this will only help you. Either it will lower the speed that you were over if the judge just accepts that it was a clerical error, or you can use it to attack the cops story. The fact that there are different speed limits is not a defense at all. As long as there is notice of when the limit changes (a sign) then you have the obligation to be aware of it and follow the law.
Unfortunately, even with the speed limit being wrong you were still speeding. Unless you are contesting the speed at which you are alleged to have gone, you will likely be found guilty of going 8 MPH over.
Either way your still speeding. Take defensive driving and keep if off your insurance or you can pay an attorney the same amount in fees plus $75 to $100 in attorney fees to get deferred adjudication.
