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Can this speeding ticket be dismissed?


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#1 of 27 Joey Skinner

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Posted July 31 2005 - 03:13 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.Posted Image

#2 of 27 Henry Gale

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Posted July 31 2005 - 04:03 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.

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#3 of 27 Arthur S

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Posted July 31 2005 - 04:19 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.

#4 of 27 Joey Skinner

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Posted July 31 2005 - 05:09 AM

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.

#5 of 27 Grant B

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Posted July 31 2005 - 05:52 AM

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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#6 of 27 Glenn Overholt

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Posted July 31 2005 - 06:25 AM

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

Glenn

#7 of 27 Dennis Nicholls

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Posted July 31 2005 - 07:44 AM

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.
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#8 of 27 Henry Gale

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Posted July 31 2005 - 08:12 AM

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.

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Some men are searchin for the Holy Grail
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Than riden' the rails."
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#9 of 27 David Williams

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Posted July 31 2005 - 12:23 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.
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#10 of 27 Nathan*W

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Posted August 01 2005 - 01:26 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.
 

#11 of 27 Joey Skinner

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Posted August 01 2005 - 02:01 AM

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.

#12 of 27 Mark Philp

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Posted August 01 2005 - 07:39 AM

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.

#13 of 27 D. Scott MacDonald

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Posted August 01 2005 - 07:52 AM

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.
Scott

#14 of 27 Joseph S

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Posted August 01 2005 - 08:07 AM

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.

#15 of 27 Shane Martin

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Posted August 01 2005 - 08:14 AM

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.

#16 of 27 Joseph S

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Posted August 01 2005 - 08:32 AM

Kiowa and several other unknowns

#17 of 27 Shane Martin

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Posted August 01 2005 - 09:18 AM

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.

#18 of 27 Joe Szott

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Posted August 01 2005 - 10:50 AM

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.

#19 of 27 Joseph S

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Posted August 01 2005 - 11:07 AM

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.

#20 of 27 Shane Martin

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Posted August 02 2005 - 03:53 AM

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.


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