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Can this speeding ticket be dismissed?

post #1 of 27
Thread Starter 
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.
post #2 of 27
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.
post #3 of 27
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.
post #4 of 27
Thread Starter 
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.
post #5 of 27
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
post #6 of 27
But your honor, I was only speeding by accident! :

Glenn
post #7 of 27
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.
post #8 of 27
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.
post #9 of 27
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.
post #10 of 27
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.
post #11 of 27
Thread Starter 
Quote:
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.


That is what I needed to know. I was speeding and it's my fault I didn't see the speed limit sign. I was hoping I could get out of having to take a defensive driving course.
Thanks to all.
post #12 of 27
I don't know how it works in Texas, but up here in New York State, you are allowed to plea bargain with the assistant district attorney assigned to that court. Usually if you have a clean record, don't have an attitude and you weren't doing something outrageous like 100mph in a 55 they'll cut you a break and let you pay a fine without points going on you license. Doesn't always work, but it's worth a try.
post #13 of 27
Look at the bright side - at least you're in Texas where defensive driving can be used to get you out of one ticket each year. I don't know if they still do this, but comedy clubs used to offer "comedy defensive driving", where comedians would become instructors and you would go to a comedy club, drink soda, and listen to mix of defensive driving and comedy for the day.

Here is Washington State we have no such options. A ticket is a ticket, and there's no way to stop your insurance company from knowing about it unless you hire a lawyer to fight it in court for you.
post #14 of 27
Quote:
Slightly off-topic, but this is why I was happy to hear that my state (OK) had outlawed speed traps.

Bull-Shiiiiiiiiiiit. As a traveler on US-75/69 through the above state I beg to differ. These jackasses lower the speed from 70 to 35 and raise it 70 again only to hide behind obstacles just in front of the 70 or 55 markers to get you going above 35 or 55. Worst place in the country for traps I've ever seen, including Ohio/CT.
post #15 of 27
Quote:
As a traveler on US-75/69 through the above state I beg to differ. These jackasses lower the speed from 70 to 35 and raise it 70 again only to hide behind obstacles just in front of the 70 or 55 markers to get you going above 35 or 55
Ahh you are talking about Atoka. I know that town very well. Speed Trap city to this very day.
post #16 of 27
Kiowa and several other unknowns
post #17 of 27
Kiowa is not so bad. In fact I don't remember ever seeing a cop there.

Atoka OTOH is crawling with them. Where the Prison is at(forgot the city) is also VERY bad.
post #18 of 27
I would go in and have a court date anyway. Just explain to the judge that there was no accident and you want to make sure it isn't put on your record that way. If he asks if you were speeding, just say yes.

Some chance of him just throwing it out completely, a much better chance that he will remove the 'accident' part and give you a reduced fine for speeding. If you can spare the time, it's probably not a bad idea to try. Just don't try to bullshit a judge about not speeding. They can smell it 10 miles away and it'll just piss them off.
post #19 of 27
Quote:
Atoka OTOH is crawling with them. Where the Prison is at(forgot the city) is also VERY bad.

Don't know where that is specifically, but it was probably in the unknowns mentioned if it is between US-44 (OK) to 75/69 to Dallas. It was like driving through ghost towns with nothing but empty gas stations, boarded buildings, and cops. Speed up/Hit the Brakes/Speed up/Hit the brakes and repeat and repeat.

Apparently, they claim to have a scam such that the ticket isn't even on your record implying that you not appeal it. It probably is, but reminded me of the scams run on MA/CT or IL/WI drivers in opposing states.
post #20 of 27
Quote:
Apparently, they claim to have a scam such that the ticket isn't even on your record implying that you not appeal it.
If it is 10 miles or less over it doesn't go on your record.
post #21 of 27
Okay - I got a ticket in Atoka, Oklahoma and the officer was RUDE!  I was not speeding and even had cars going by me.  He said I was going 67 in a 45 which, there was no way - I went back to look where the location was he cited me at and it's not even a 45 mph zone yet.  How far can radars detect you?  It was several miles up the road that we passed the officer and I thought to myself how lucky those cars were that they weren't getting pulled over - then later on down the road he came up behind me and pulled me over - it was unbelievable.  Can they do that?  It is a bad scam - you won't believe how many people have told me that they got a ticket in Atoka.  It must be their main revenue in that town.  It sounds like they are looking for women driving by themselves.  Is there anything that can be done about this?  It is my word against his and you know they won't listen to a woman over their officers.  Should I fight it? 
post #22 of 27

Welcome to the HTF. Resurrecting a 4-year old thread, huh? You'll fit in nicely.

As to what you posted, the time and place to fight your battle will be in court - nobody here will be able to give you accurate info on the officer's rudeness, how fast you were going, or whether the speed limit was 45 or not because we weren't there to see what you did or didn't do and where.  Good luck fighting it; hope you're successful.

post #23 of 27
If you Google "Can a speeding ticket be dismissed?" This thread is the 9th result. There have been a lot of threads coming back alive lately.
post #24 of 27
Yeah, this software is apparently much more Google friendly than the vBulletin version was. At first I thought all of these random 1 or 2 post members were spam bots, but then I realized the posts related to the topic at hand (though not necessarily the forum at large...)
post #25 of 27
Nancy, I can imagine you were searching for others who had encountered a speed trap in Atoka and happened to find us.  Welcome aboard.  I hope you'll look around and decide to stay.

I'm in Texas, so I benefit from the one defensive driving course a year rule.  The rest of that year is kind of nerve-wracking.  I got a ticket around July 4, 2006, and I was glad when the next one rolled around.  Luckily, I haven't gotten one since (knock on wood).  The one I got was a speed trap.  These motorcycle cops were hiding in the shade of a tree at the bottom of a hill.  I had been going the speed limit and got up over it from the momentum of going downhill, and they were pulling over one driver after another.  I didn't go down that street for a couple of years, but I went down last Sunday.  They were in the same place.  Ka-CHING!  In that part of town, they are good at finding little nooks and crannies to hide in.  I learned my lesson and drive slow around there.

Another time, I got trapped in a construction zone and got double the fine.  There were no construction workers present, so I got ripped off.  The legislature soon thereafter clarified that workers had to be present for the double fine to apply.  But, they had about ten cars pulled over when they got me.  Seeing that, I wryly said to the cop, "So, no chance of talking my way out of this one?"  With no humor at all, he looked at the other cars and said, "Eh, uh uh."  

Fighting tickets can sometimes help.  I was on a jury a couple of years ago for this girl who was fighting her ticket.  She was defending herself and clearly didn't know what she was doing.  She tried to argue that she was unconvinced that the radar gun was properly calibrated.  The ticketing officer was present and he walked us through how he calibrates it before and after every shift.  I'm not sure I really believe that, but she abandoned the defense pretty quickly.  One of the jurors knew the area she was caught at and said it was a big speed trap and that they do hide at the bottom of the hill, but she had gotten several tickets there and should have known better.  At any rate, the rest of the jury decided to go easy on her.  We decided to not release her from the ticket but to reduce the fine by about a hundred dollars. She probably wasn't happy, but at least it was a reduction.
post #26 of 27
Just tell the judge that you were speeding because your friend was going to commit suicide because he could never become a banker (or that he never had an air conditioner)
post #27 of 27
Quote:
Originally Posted by drobbins View Post

If you Google "Can a speeding ticket be dismissed?" This thread is the 9th result. There have been a lot of threads coming back alive lately.
 

True, but you'd think someone looking for answers on this topic would be better served by those first 8 results rather than opinions on a forum for home theater enthusiasts. (Not that I'm sure Ron and Parker mind the increased exposure and site traffic, though.) 

I'm just wondering how well the forum is served by people with no interest in home theater, who come here for a singular issue and, once resolved, likely do not contribute in any further way (or even return, for that matter.)
Edited by Nathan*W - 8/4/2009 at 12:12 am GMT
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