Will my traffic citation be dismissed if the posted speed was recorded incorrectly on my ticket?
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.
Attorney answers (4)
Alan James Brinkmeier
Reputation Level 20
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
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.
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1 person marked this answer as good
J. Randell Stevens
Reputation Level 8
Answered over 2 years ago.
Speeding / Traffic Ticket Lawyer in Dallas, TX.
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.
1 person marked this answer as good
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.
2 people marked this answer as good
Paul Holt Walcutt
Reputation Level 15
Answered over 2 years ago.
Criminal Defense Attorney in Austin, TX.
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.
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