Prima Facie speed limit question.

Asked over 2 years ago - College Station, TX

I was recently pulled over for going 64 mph in a 50 mph zone and there were several problems with the situation.

1. The officer pulled me over right at a speed limit change from 65 to 50. This happened before i passed the new speed marker, and the marker was placed on the far side of a hill i was driving over so i was unable to see it and adjust my speed in time.
2. I was driving from a house the feeds directly onto the FM road i was traveling down. There were no speed markers between this house and the speed change about 5 miles down the road to indicate the current speed as 65. I believe this means that, due to the Prima Farcie speed limit on FM roads being set at 70 mph in Texas, I was still within the bounds of the law? http://law.onecle.com/texas/transportation/545....

Attorney answers (2)

  1. John Gus Zgourides

    Contributor Level 17

    2

    Lawyers agree

    Answered . Take photos of the scene in the event you go to to trial. Well before trial, file a a written motion for discovery requesting:

    1. All orders entered on the minutes of the Commissioners Court of Brazos County, Texas, that were purportedly in effect on the date of the citation, setting the maximum reasonable and prudent speed for a passenger car traveling along the section of roadway where the citation was issued. See TEX. TRANSP. CODE § 545.355(d).

    2. All engineering and traffic investigations upon which the Brazos County Commissioners Court relied in modifying the maximum speed limit set forth under Chapter 545 of the Texas Transportation Code for a passenger car traveling along the section of roadway where the citation was issued. See TEX. TRANSP. CODE § 545.355.

    3. All documents, photographs, videos, and reports considered by the Brazos County Commissioners Court in determining the maximum reasonable and prudent speed for a passenger car traveling along the section of roadway where the citation in question was issued. See TEX. TRANSP. CODE § 545.355

    4. All orders entered on the minutes of the Texas Transportation Commission in effect on the date of the citation determining that the prima facie speed limit set forth under Chapter 545 of the Texas Transportation Code for a passenger car traveling along the section of the roadway where the citation was issued was unreasonable or unsafe. See TEX. TRANSP. CODE § 545.353(a).

    5. All engineering and traffic investigations upon which the Texas Transportation Commission relied in determining that the prima facie speed limit for a passenger car traveling along the section of roadway where the citation was issued was unreasonable or unsafe. See TEX. TRANSP. CODE § 545.353(a).

    6. All documents, photographs, videos, and reports considered by the Texas Transportation Commission in determining the maximum reasonable and prudent speed for a passenger car traveling along the section of roadway where the citation in question was issued. See TEX. TRANSP. CODE § 545.353

    7. All documents issued by the Texas Transportation Commission determining or declaring a reasonable and safe prima facie speed limit for a passenger car traveling along the section of roadway where the citation was issued. See TEX. TRANSP. CODE § 545.353.

    By requesting this discovery in a written motion filed with the court and served on the Brazos County District Attorney, you could get your case dismissed, or at least get the DA to consider a deal. Good luck.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Michael J Palumbo

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Sounds like a valid defense

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