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Will my traffic citation be dismissed if the posted speed was recorded incorrectly on my ticket?
Austin, TX
Viewed 304 times.
Posted 3 months ago in Speeding / Traffic Ticket
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Information stated on traffic ticket:
Travis County Sheriff's Office (Texas) Alleged Speed: 42 Posted Speed: 55 The true posted speed is 30 or 35mph. I have contacted the court to find that they do have this correct posted speed on file. Answers (4)Christopher Michael Villasana
This attorney is licensed in Texas.
Posted 3 months ago.
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Depending on the jurisdiction, nothing is automatic. However, you should feel pretty good about getting this case dismissed provided you protect yourself from having a new ticket issued.
Paul Holt Walcutt
This attorney is licensed in Texas.
Posted 3 months ago.
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Based on the information you have provided, a prosecutor may dismiss this case assuming he or she doesn't catch on. However, if you insist on a trial and the officer shows, the officer will likely testify that he/she made an error writing the ticket and can testify to the actual posted speed limit at trial. At that point, the error on the ticket would only go to the officer's credibility and ability to record/remember facts. It may be some evidence against him or her, but it's not very strong evidence in my opinion.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 3 months ago.
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Make a record of the actual posted speed so you have it in a form to show the court. An attorney familiar with the policies and procedures of the court will know the likelihood of negotiating such a resolution given the circumstances of your case.
Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. J. Randell Stevens
This attorney is licensed in Texas.
Posted about 1 month ago.
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Yes if: (1) You were cited for speeding and not "unsafe speed:"; and (2) you are right.
The Texas Transportation Code, in Section 543.010, sets out what must be on a speeding ticket (doesn't apply to any other type of offense, not even "unsage speed"), and that includes the posted speed at the location. That means at trial the office can't say "oops", he is stuck with what is on YOUR copy of the ticket. Don't rely solely on a picture for proof, but definitely get a pic, and make sure the pic has enough detail to show it was at the location as cited on the ticket. NOTE: this is for where you were picked out by the cop, NOT where you eventually stopped. Many Texas jurisdictions have online speed ordinances: find yours and make sure the zoning matches what is posted; zoning controls over signs.
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