speeding ticket advice (San Antonio, Anton: lawyer, cost, adjudication) - Texas (TX) - City-Data Forum

danandand · 01-15-2010, 01:03 PM

I received a speeding ticket that I want to contest as I am positive I was not speeding. It was on an access road, and I went from a red light to the highway (total of 1/2 mile), was in no rush so had no need to be speeding, but the cop pulled me over on 281 and said I was going 65 on a 45 access. I'm not sure my car can even go that fast within that distance, unless I was really flooring the pedal). He then asked me, with a kind of arrogance whether I was from around here (I have Florida plates) and where was I/ where was I going. Then gave me a ticket, for both speeding and 'failure to control speed', and I cannot figure out what the difference is. I asked the prosecutor at court to explain the difference and all he said was that they are 2 different infractions under Texas code. So, short of hiring an attorney to fight a ticket that I am so sure I did not deserve, any advice? I want to add, my record is completely clean. Thanks!

bg2ntst · 01-15-2010, 01:27 PM

Quote:

Originally Posted by danandand

I received a speeding ticket that I want to contest as I am positive I was not speeding. It was on an access road, and I went from a red light to the highway (total of 1/2 mile), was in no rush so had no need to be speeding, but the cop pulled me over on 281 and said I was going 65 on a 45 access. I'm not sure my car can even go that fast within that distance, unless I was really flooring the pedal). He then asked me, with a kind of arrogance whether I was from around here (I have Florida plates) and where was I/ where was I going. Then gave me a ticket, for both speeding and 'failure to control speed', and I cannot figure out what the difference is. I asked the prosecutor at court to explain the difference and all he said was that they are 2 different infractions under Texas code. So, short of hiring an attorney to fight a ticket that I am so sure I did not deserve, any advice? I want to add, my record is completely clean. Thanks!

I have no experience, but it just seems like it would be tough to fight a speeding ticket. How can you prove you weren't speeding? You might just end up relying on the judge's opinion of your good driving record. Suggest you prowl the Internet and I'll bet you can find some free guidance.

rd2007 · 01-15-2010, 01:46 PM

hire an attorney, seriously.

RGJ · 01-15-2010, 02:40 PM

If you go to court by yourself, you won't win. Period.

I'm not sure if this is still true, but if you're lucky enough for the police officer to not show up in court, they may dismiss the ticket. But I wouldn't count on it....

adtobias · 01-15-2010, 02:46 PM

defer judication. fast easy and does not go on your record. as long as you dont get another within 6 months

TangoUniform · 01-15-2010, 03:01 PM

Paying an attorney would cost you just as much if not more than doing defensive driving and/or deferred adjudication. I know it sucks, because I have been given a bogus ticket by SAPD, but that's why they do it, because they can. If you have the money to hire an attorney and try to get it dismissed, then good on ya. If not, see if the prosecutor will drop the "failure to control" ticket since that sounds fake anyways, then go for defensive driving or AD.

Cerberus01 · 01-15-2010, 03:52 PM

If you've already been to court and the case has been adjudicated I would interpret that to mean that the officer showed up to testify...if your case hasn't gone to court then go to court...rationale... the citing officer may not show up and your case could be thrown out be cause he's not there to testify. If you want to fight it that's your perogative and right...but you'll probably be asked how you know that you weren't speeding? If he was using radar you'd better be prepared to discuss doppler radar, lidar,or what ever he was using to clock you. If he was using his speedometer you could challenge calibration and the same would be true with any of the methods that might have been used to clock your vehicle. Ask to see the calibration log for his shift if you're so inclined...if it isn't up to date thats better for you. One last item to consider are the environmental conditions on the day you received your citation...ambient air temp affects tire pressure which inturn will affect your speedometer unless you're using GPS...so...if you have the funds go to court and fight it I know a lot of folks who have done this resulting in the ticket being thrown out...or as it was previously suggested you might ask for deferred adjudication. All in all its up to the officer to show you were in violation of the traffic code....Good Luck!

rd2007 · 01-15-2010, 04:32 PM

I would also contact the officer's supervisor and let them know what the officer said to you. Most of those comments were completely uncalled for and have no bearing on anything at all. When did this happen anyhow? Never do anything near the end of the month. The cops only care about one thing and one thing only and that's revenue generation. It's really pathetic how they'll go by disabled vehicles with families in them just to grab a little more money. I watched this first hand while a cop was trying to generate some money at my expense. It was total BS, though, and I did get a lawyer and I did win. Also make sure you watch your back when leaving court. That same cop gave me an escort for about 10 miles while I was heading home. Total jerk that should be selling newspapers under an overpass instead of "protecting and serving".

danandand · 01-15-2010, 04:41 PM

Thanks for all your input. rd2007, would you recommend your attorney? Can you pass along his/her name. Also wondering what the cost was? I spoke to an officer friend from Florida who recommended pleading no contest so that nothing gets asked/said by either me or the officer. He said that my risk of pleading not guilty and losing the case would give me a much higher fine.
It was at the end of December, just before Christmas, so it did seem to me that I was filling his quota. I drove by that area again a few hours later and saw someone else pulled over at the same spot as me.
I researched the officer on the internet, and saw that in 2008 he was one of the 5 highest paid police officers (San Antonio city) as far as overtime pay...over $50,000 just in overtime. My gut says that when they go to court they get paid overtime?

RGJ · 01-15-2010, 04:45 PM

I don't think the fine is any different whether you plead guilty or lose your court case. How were you able to look up that info on the officer?