Need some advice on a ticket

[pcgizzmo]

I was stopped in the fine city of Keller today. According to the officer I was doing 48 in a 30. The engagement was OK and I did get a ticket. The thing that bothers me is that I had just pulled away from the stop sign and the officer was coming from the opposite direction. There were two cars in front of him and one behind so, I'm having a hard time figuring out how he got an accurate radar reading. My passenger even said he didn't think I was going 48 in a 30. Now, to be honest I was not going 30 but I don't think I was going 48 either.

I am tempted to protest this ticket but am I spinning my wheels? Normally I would do deferred adjudication and be done with it but I'm having second thoughts on this one. Also, if I take it to court can I still do deferred after the fact?

I'm looking for opinions especially from the officers on this forum. I'm not saying the officer was lying I'm saying I don't think he was accurate.

[steveincowtown]

I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.

[paulhailes]

They have the ability to track more then one vehicle.

[Wfahey]

The new radars can track multiple targets and targets going in different directions as well as targets infront of and behind the officer's cruiser. They also have instant on capability to defeat radar warning systems. I am not sure fighting it will do you much good.

[pcgizzmo]

I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.

I know what your saying. Brotherhood and all that. I don't even really want out of it I just think it should be lower. I wasn't going as fast as he said I was but he said 48 and I was probably doing 38. I don't know that I'm going to have any luck proving it though.

[Oldgringo]

It may be too late for this offense but perhaps driving within the posted speed limits should avoid future tickets?

[SlickTX]

Back in the day (1982 or so) I was clocked by a LEO in well-known Central Texas speed trap town doing 75 mph through town in my beat up Bronco II. I knew about the town and the speed trap and will swear on a stack of bibles that I wasn't doing over 40mph. As a matter of fact, to get that beater to do 75mph I'd have to drive it off a cliff. I asked the officer if he didn't take the setting off of "stationary" to "moving" so that he actually got our closing speed. He replied that he didn't have to show me his radar gun.

This got my really pi... mad, so I asked for a jury trial. Long story short, I got a letter about 30 days prior to the trial date saying that the charges were dropped because the officer no longer worked for that dept. and they had no witness on their side.

[KaiserB]

I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.

This is simple. Can you make the case that it is not possible for your car/truck to accelerate to 48MPH in the space given? For example taking off from a stop sign and going 250' a car may only get up to 35 MPH not 48MPH as charged. Thus you would NOT be guilty of 48MPH and you are not required to admit to another speed to allege you were going slower than 48 MPH

[steveincowtown]

I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.

This is simple. Can you make the case that it is not possible for your car/truck to accelerate to 48MPH in the space given? For example taking off from a stop sign and going 250' a car may only get up to 35 MPH not 48MPH as charged. Thus you would NOT be guilty of 48MPH and you are not required to admit to another speed to allege you were going slower than 48 MPH

Not to be a smart donkey, but I think the odds of engaging a LEO and a Judge in an argumentative conversation about Physics, for a traffic ticket, and absent a Attorney by your side are near slim.

[scgstuff]

I had a similair issue once. I was in the right lane on a major roadway, but the speed was 60 instead of 70 because of construction. I take this route to work daily and there is a cop with someone pulled over about 3-4 days a week during the morining commute, so I DON'T speed there, knowing that it is heavily monitored. Well, car 2 in front slowed down to take an exit, car in front of me slowed down and I just got in the left lane so I didn't have to slow down. First car exits roadway and car that was in front of me, now on my right, accelerates to get back in front of me. Guess he/she didn't like being passed. I was pulled and given a ticket for 72 in a 60. I explained what happened and was told he was running radar and, basically, I was in the fast lane, so it must have been me. Went to the court and asked for deferred. Kept my nose clean and no issues at all. Was kind of frustrated, but figured as many times as I had gone over the limit and not been caught, it would be hard for me to justify arguing against the cop in this case.

Just my 2 cents....easier to get the deferred and not deal with it.

[pcgizzmo]

It may be too late for this offense but perhaps driving within the posted speed limits should avoid future tickets?

What I'm saying is even if I were going the posted limit he still would have pulled me over because I wasn't going nearly as fast as he said I was. He would have probably gotten me for going 38 in a 30 if I were driving he posted limit. Like one of the previous posters posted I wonder if he didn't have his radar gun in a stationary setting of something.

[C-dub]

I think arguing it will definitely be an uphill battle. We are the accused and are expected to lie to get out of a ticket and the officer is supposedly unbiased and has no reason to lie and therefore wouldn't. That is my experience the one time I actually went to court to argue a ticket. That time, I was speeding trying to get to class on time, but the officer wrote the wrong date for the offense on the ticket. I thought it would be dismissed on this technicality. Wrong. The judge said it only had to be close.

Fast forward several years and while a local news crew was filming with an HOV lane officer a piece about HOV lane violators they catch one on camera. Turns out it was another HOV officer, but off-duty in his own truck. The ticket was written and the guy admitted guilt and was on his way. A few months later someone wrote the news station asking what ever happened to that officer. The station reported that when they investigated they were told the ticket was dismissed on a technicality because an error was made by the officer that issued the ticket.

Sorry, but even Charles has said that speeding tickets are a huge unethical source of revenue for many cities and municipalities. IIRC, he also thinks that all speeding ticket fines should go to the state and that as a result we would see a lot of these go away. I think it is very difficult to get a judge to find in favor of the citizen when reasonable doubt is cast on the validity of a ticket. That is, of course, JMHO.

I hope I haven't misrepresented you Charles.

[philip964]

You pay taxes all the time, when you buy something, on April 15, all the time. You pay to have a CHL and are happy to have the opportunity to live in a state that allows you to pay that tax.

A speeding ticket is no different. It is a tax. Its the fact that you got a ticket is the part that is bugging you, its really just another tax, pay it and don't let it spoil your week. Life is too short.

Once you take this view, speeding tickets are much easier to deal with.

You will also find that with this mindset, your interaction with the police is better, your calmer, less stressful and they may also respond by not giving you the ticket or reducing the speed. After all its not a ticket your just paying a tax.

But on the other hand your insurance company knowing about it is different. So take the defensive driving.

[cheezit]

personal experance here keller pd is not to bad but they have to pay for the city somehow. my last one I hired an attorny and got 30 day probation. no tickets and off my record

[suthdj]

You could call in the LEO's training records,calibration records of radar yadda yadda yadda, or just do the Deferred adjudication and pay the fine you were speeding, like many have said it is an up hill battle. Last ticket I got (on way to first dfw get together) I used a lawyer for the first time figured it can't hurt at only $50, well he failed to file anything by the court date then when it was rescheduled the prosecutor was ready for trial so he just got me Deferred adjudication. Total cost of lawyer and fine was more than the original fine.