I know you’ve done it. You’re running late for work or to get your kids somewhere on time, so you speed just a little; what can it hurt right?
Well if you get caught, it can mean a fine, points on your license, and surcharges. If you get too many points you will lose your license under the Texas Driver Responsibility Program.
What is “Speeding”
As a driver upon the roads of Texas, you “may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing.” Tex. Trans. Code § 545.351 Now, I know you may think that gives you permission to drive as fast as you want to, as long as it is safe, but according to § 545.352(a) “a speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.”
The statute then gives maximum speed limits: 30 mph in an Urban District, 15 mph in an alley, 70 mph on a numbered highway not in an Urban District, 15 mph on a beach, etc.
However, there is another side to the coin. If you are going too slow, § 545.363 states; “(a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.”
Please Sign Here
If you received a speeding ticket, then you were asked to sign it and agree to appear in Court on a certain date. If you wish to dispute your ticket, then you MUST make an appearance.
The speed you were cited for will affect your fine, as well as the possible points on your license. The amount of your fine is set by the municipality you are in and how much over you were going, so you will need to contact the Court to get the amount of your fees. Each municipality in Texas sets their fines based on what their Commissioners Court has agreed upon. Also, tickets can be reported to your insurance, which can increase your insurance costs every month.
The Aftermath
You do have options for ways to handle your ticket. Your options are to pay the fine and admit your guilt, plead not guilty and attempt to negotiate a plea deal with the prosecutor, or plead not guilty and fight the ticket.
Depending on your circumstances, you may be eligible to take a Driver’s Safety Course (defensive driving) and have your ticket dismissed. However, you may only take defensive driving one time per year; but if you have a CDL, then this isn’t an option.
Conclusion
In Texas, our police have several ways to catch you speeding, whether it is by radar, laser, speed camera, helicopter, or even airplane. The most important thing for you to know is your rights. Although you may not need an attorney to help you simply pay a fine, if you decide to contest it, there simply is no substitution for an experienced attorney on your side.
--Authored by Emily D. Walterscheid, edited by Matthew L. Harris, Esq.,
Matthew Harris Law, PLLC
1001 Main Street, Suite 200, Lubbock, Texas, 79401-3309
Tel: (806) 702-4852 | Fax: (800) 985-9479
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