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Should I continue with jury trial?

Pflugerville, TX |

Issued ticket 70 in 45, traveling through Brenham Tx, workers present. I was in cruise & moving with 8 to 10 others. When pulled over, Officer said he got me on radar at 72 up the hill and 68 down the hill. I did see the construction sign but no change in speed limit & the highway (290) was still open for 2 lanes each way. When he got behind me, still didn't need to slow down when i moved behind another car (same speed as me) to stop. Since I have gone thru several other work areas and only 1 had a posted lower speed & it was down to 1 lane. I requested jury trial at advice of clerk, so I could talk with DA prior to trial. Got paperwork today for jury trial. Should I continue this path or change to judge? Can I win the case. I say at most 68 in 75 is appropriate, if that. Thanks

A correction first --- I think the posted is 65 normally in that area. I put 75 above, by mistake. I doubt it helps, but as near as I can remember, last ticket was about 26 years ago -- except for out of date registration warning a couple years ago. Also my wife and I are in an active Chapter 13, so any payments would be extremely hard to make as there is little to no extra money at end of each month -- court takes all but what we need to pay bills etc. Thanks again

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Attorney answers 2


Based on the facts a jury trial seems wise, but you would be well advised to find an attorney experienced with Speeding Tickets to assist you if you go forward.

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Thanks for the reply. I've contacted an old schoolmate of mine. He is now a Justice of the Peace in Houston area. Hopefully, he will assist. Tony


Jury is the way to go if your going to fight this on your own. However, keep in mind that fighting a speeding ticket in Texas is extremely difficult unless you have hard evidence you were not speeding at the time of the citation. Hiring an attorney is a good idea in this situation.

Are you setting it for trial because the court will not offer you deferred disposition or defensive driving? Taking one of those options, though deferred might be the only one offered since you got the ticket in a construction zone, would be more advisable than going to trial.

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It says on the citation that deferred or driving course are not options for workers present ticket. Otherwise I would go that route for sure. I've asked a friend of mine - attorney and JP - to help but no answer yet. Hopefully, he will go with me to the pretrial at least. How much are court costs is my next question... If I lose I am told I get to pay that too.