Can this speeding ticket be dismissed?

Joey Skinner · 07-31-2005, 10:13 AM

I was cited for speeding the other night, my first in years, and on the ticket the ACCIDENT box is checked "yes" but there was no accident. Can I get the ticket dismissed on this technicality? By the way, I was stopped by a city cop six miles from town where the speed limit drops from 70 to 55 for no apparent reason.

Henry Gale · 07-31-2005, 11:03 AM

So....were you outside the Denton city limits? What sort of court does the ticket ask you to contact?
I'm thinking if it's a rural JP Court the city cop would not be likely to appear. But then again he would not have tickets for that court either.

Arthur S · 07-31-2005, 11:19 AM

Possibly a speed trap. Judge will probably ask you if you were going the speed indicated on the ticket. If you say yes, the technicality probably won't matter.

Did the cop say anything about paying the fine and it not going on your record? Sometimes that is the best route.

Also, be aware that quite often, these things never make it onto your official driving record.

If you are eventually convicted, wait 2 months and then send your state $6 for a copy of your official driving record.

Joey Skinner · 07-31-2005, 12:09 PM

Henry, it was out of the city limits according to a city limits map. I am to report to the City of Denton Municipal Court.
Arthur, he did not say anything about the ticket not going on my record, just it is "not admission of guilt",etc.

I'll probably just do defensive driving.

Grant B · 07-31-2005, 12:52 PM

I heard on the radio once that asking for the engineering report on the road (which justifies the speed limit and the reason they are enforcing) will get you out of a ticket in CA.
I am sure each state is different but you might look into it and see.
Good Luck

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Glenn Overholt · 07-31-2005, 01:25 PM

But your honor, I was only speeding by accident! :

Glenn

Dennis Nicholls · 07-31-2005, 02:44 PM

Quote:

where the speed limit drops from 70 to 55 for no apparent reason

Silly boy, the obvious reason is so they can hand out lots of tickets.

Henry Gale · 07-31-2005, 03:12 PM

Quote:

...it was out of the city limits according to a city limits map. I am to report to the City of Denton Municipal Court.

I'd focus on that. The ticket should ID where it was issued.
That court has no jurisdiction outside the city limits.

David Williams · 07-31-2005, 07:23 PM

Quote:

Silly boy, the obvious reason is so they can hand out lots of tickets.

Slightly off-topic, but this is why I was happy to hear that my state (OK) had outlawed speed traps.

If a municipality derives more than 50% of its operating budget in a fiscal year from traffic fines the state steps in and takes authority. Several cities have been told that their police forces can no longer patrol certain highways & interstates, which the OHP now oversees. This will probably mean that the state will have hire more OHP officers, but in the end it's been a good thing.

Nathan*W · 08-01-2005, 08:26 AM

Quote:

I was cited for speeding the other night, my first in years, and on the ticket the ACCIDENT box is checked "yes" but there was no accident. Can I get the ticket dismissed on this technicality? By the way, I was stopped by a city cop six miles from town where the speed limit drops from 70 to 55 for no apparent reason.

WARNING!!: This is not going to be what you want to hear.

In most localities the prosecutor can amend the charges on the spot, so a wrong box checked will have no bearing on the validity of the ticket.

Also, arguing to the judge that there was "no reason" for a speed limit change is a good way to get the FULL penalties, fines and points assessed. Traffic judges hear hundreds upon hundreds of cases every day and have very little patience for excuses.

Does everyone speed?

Yep.

Does everyone take a chance of getting caught when they do?

Sure do.

You were the unlucky one that day. My advice is to take your lumps, pay the fine, and move on with your life.