Got a speeding ticket in Schertz. Citation is for "Speeding 10% over the speed limit. Actually it was 47 in a 45.

Asked about 4 years ago - Schertz, TX

Is this a valid charge?

Attorney answers (2)

  1. Louis Murat Newman IV

    Contributor Level 7

    Answered . That would depend on the "charging instrument". A lot of traffic tickets aren't really all that formal. It matters what the Information says and what they are alleging. Speeding is a charge that really just requires the State to prove that you were driving over the speed limit beyond a reasonable doubt. How the officer writes it up on the ticket might be a factor in disproving their case at trial, but I don't think it will be an automatic trip to a dismissal.

  2. Carmine John Giardino

    Contributor Level 14

    Answered . Any speed over the speed limit is a valid speeding charge. Officers usually have discretion on whether to write you a ticket or not. Not common for an officer to write someone a ticket for only 2 miles over the speed limit, but they can.

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