somewhere... I'll have to dig it up.
they are not "suggestions", they are the "reasonable and prudent" speeds, in the absence of other evidence of reasonable and prudent speeds.
maybe look in here http://tlo2.tlc.state.tx.us/statutes/do ... 545.352.00
you probably will have little success in fighting it. however there is no real legal "speed limit".
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Return to “Applications spike for Texas concealed handgun permits”
- Tue May 27, 2008 5:51 pm
- Forum: General Texas CHL Discussion
- Topic: Applications spike for Texas concealed handgun permits
- Replies: 53
- Views: 8945
- Tue May 27, 2008 4:44 pm
- Forum: General Texas CHL Discussion
- Topic: Applications spike for Texas concealed handgun permits
- Replies: 53
- Views: 8945
Re: Applications spike for Texas concealed handgun permits
Actually that is quite legal. You will have to go to court in order to get such a ruling, and it will likely cost you far more than the speeding fine to defend your case.snscott wrote: The DPS should not hold ME accountable and ticket me for not following "speed guidelines" - how does that sound?
The speed limit by law is whatever is "reasonable and prudent". The posted speed limit on the sign is considered the "reasonable and prudent" speed limit only in the absence of any other indicator of what speed should be "reasonable and prudent". The question then becomes what is a "reasonable and prudent" speed? Perhaps more, perhaps less, than what is on the sign.
I drive a sports car with excellent tires and brakes. I do not talk on the phone or eat or engage in other distractions while driving. I am very attentive and I have not had a ticket of any kind in over 10 years. Is the "reasonable and prudent" speed for me to drive on a given road at a given time the same as it is for a working mom driving a mini-van with worn-out tires, putting on her makeup and yelling at kids in the back seat while commuting to work? Or is my "reasonable and prudent" speed the same as that of a teenager with one week's worth of driving experience in a $800 car with an inspection sticker that's two years out of date? No way you can make the argument that one speed is reasonable and prudent for everyone.
You just have to be able to present evidence that supports your choice of a "reasonable and prudent" speed, which would convince a jury that the speed posted on the sign was not valid, given that there is other evidence that carries more weight.
of course as everyone says, "I am not a lawyer".