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?

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1 Lawyer Answer

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.

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