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Speeding Ticket marked as "construction zone with workers present"
Anonymous1 views3 answers
I received a speeding ticket. I was coming off Hwy 75 S onto 121 S. The limit dropped from 55 to 35. I was moving with the flow of traffic and it would have been dangerous or reckless to slow down to 35 on a state hwy. The officers were set up about a half mile from where the limit dropped and were pulling people over at a high rate; I would estimate 6 - 8 were pulled over in the 3 or 4 mintues I was there. Unfortunately they marked this ticket as "construction zone with workers present" although I did not see workers only police.
1) what are the chances of having the ticket dimissed?
2)is it possible to get it deferred?
Chances of a dismissal depends mostly on the prosecutor handling the case since they have dismissal authority. Often, people will set their case for trial and if the officer doesn't show, then you can get it dismissed. But that bleeds over into your second question. Many times, if you set it for trial, they will take back an offer of deferred or defensive driving because you set the case for trial. But not always. It just depends on the prosecutor and if the Judge has any policies along those lines. I suggest you get a local attorney who handles traffic tickets or at least consult with one. Good luck.
No one can answer your first question honestly without additional information. Depending on the additional information, you may be able to have the ticket dismissed, but I would certainly recommend you get the help of an attorney. This type of offense is treated as if you were a holder of a commercial driver's license. As a result, you can not request defensive driving or deferred adjudication to resolve the ticket. The fine amount is doubled with this type of offense meaning the fine amount will range from no less than $2.00 to no more than $400.00 plus court costs.
As stated above, you are not eligible for defensive driving or deferred disposition because you were allegedly in a construction zone with workers present. I would suggest hiring an attorney. There are numerous ways to get a case dismissed. Furthermore, it is possible to negotiate a modification of the charge which would make eligible for defensive driving and/or deferred disposition.
Understand, in Texas, the State must prove beyond a reasonable doubt you were in a construction zone AND workers were present. If the State fails to do so you are not guilty.
C. D. Bellamy
