Speeding Ticket Defense

Speeding Ticket Defense

The Beltz Law Firm

214-321-4105

I am going to be honest, the majority of cases we handle in Irving are speeding tickets. I know, what a big surprise!  Often, we are asked how we defend against speeding charges. Well, if you are trying to keep your driving record clear of a speeding conviction, we can obtain defensive driving for you (if you are eligible), deferred adjudication (if you are eligible), seek a legal dismissal of your case (if you are eligible), or let you have your day in court and let a jury or judge decide if you are guilty of speeding (not always a smart defense, but you will always be eligible for this option).

 

Speeding tickets are strange creatures. The law in Texas require that the state prove you were operating a motor vehicle on a public street at a speed greater than posted and such speed was unreasonable and imprudent for the conditions then existing. The laws further state that a speed greater than posted is prima facie (on its face) evidence of guilt. Oh, and you were not operating an emergency vehicle or a physician responding to an emergency call.  Other than that, the laws presume guilt based on the speed you are alleged to have been travelling. Your intent is not an issue.

 

In most trials, the state can easily prove, through the testimony of the officer who issued the ticket, most of the elements of speeding. Usually, the sole issue at trial is what speed you were actually going. For example, you are accused of going 70mph in a 50mph zone. You swear you were going 60mph (because you believe that going 10mph over the posted speed limit is “legal”).  The officer, conversely, swears that his laser or radar gun was working to perfection and he is absolutely sure that he remembers you (from 9 months prior) speeding among all the other cars on the road that day. Who will a jury or judge believe? A uniformed police officer who talks like he is a military analyst for CNN or you, a normal , run of the mill hard working American?

 

Is there a statutory defense which allows you to speed and get away with it? Will it be just your word versus the officer’s word about whether you were speeding or not?

 

The point is that, trials are hard and messy. If your goal is to protect your driving record, then a trial may not be the best option for you. It may be your best defense to take a deferred adjudication or defensive driving class. Feel free to contact us