Houston, TX asked in Traffic Tickets for Texas

Q: I was pulled over and the officer got my speed wrong and I have proof. How do I fight it?

She wrote me for 45 in a 35 but I have proof (GPS tracking) I was doing 40. How do I fight this?

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: CAVEAT: I DO NOT REPRESENT CLIENTS IN TRAFFIC TICKET CASES, but

Driving over the speed limit is a crime, whether it's one mile over or ten. Many cities have "tiered" speed limit fines. In Houston, your fine would be $195 for going 10-14 mph over the speed limit, but only $165 for going 1-5 mph. In Austin, your fine would be $194 for going 6-10 mph over the speed limit, but only $164 for going 1-5 mph over. In San Antonio, your fine would be $166 for the first 10 mph over the speed limit.

So, check what the fines are in the city where the ticket was written. The difference between going 5 vs 10 mph over the speed limit may, or may not, matter. If it matters, you will have an idea what the reward is likely to be for requesting a trial, attending court, and proving that you were only speeding by 5 mph instead of 10 mph. Most likely, it's going to be $30 ish.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.