Monday, June 26, 2017
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AGGRESSIVE TICKET DEFENSE 
Tarrant • Dallas • Denton • Parker • Johnson • Wise 
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SPEEDING TICKETS

Speeding tickets are the most common traffic citations issued in Texas and the most common type of tickets that we handle.  There is no doubt that excessive speed is dangerous; however, speeding tickets are often issued as a reason to pull a driver over.  The reasons very, but include a spot check for sobriety, to see if you will consent to a search of your vehicle or to look for other traffic violations such as no driver's licenseno insurance or expired registration / inspection.  It is not uncommon for a driver pulled over for speeding to receive three or four additional citations. 

HOW DOES A SPEEDING TICKET EFFECT YOU.

A conviction on a speeding ticket will cost you substantially more than the "window fine" accessed by the local court.  Why? Because speeding tickets, like most traffic tickets, have hidden costs:        

Most speeding tickets are moving violations (the only exception is a speeding ticket for less than 10% over the speed limit).  This means a conviction for most speeding tickets will result in two points on your Texas driving record for the next three years. An additional point is given if the speeding citation was issued in a school zone or resulted from an accident.  An accumulation of points may result in a surcharge or a suspension of your license.

In addition, speeding citations may increase your insurance premiums. In fact, a single speeding ticket can raise your insurance premiums could increase from 25% to 400%.  Insurers learn of speeding citations when a conviction is reported to the Texas Department of Public Safety.  If the speeding ticket does not result in a conviction, then DPS is not notified.

Finally, a single speeding citation can jeopardize certain jobs dependent on driving.  Employers are becoming very conscious of their current and prospective employees that are on the road.  You do not want to let a speeding ticket jeopardize your job or keep you from getting employed.  

Because of these hidden costs, it makes little sense to not take steps to keep a speeding ticket off of your driving record. Hiring our firm to keep a speeding charge off of your record is considerably cheaper than the alternative.

CAN WE BEAT A SPEEDING TICKET?

 

Yes!  We can, and have, beat speeding tickets through dismissal and in trial.  However, speeding tickets are usually hard to fight at trial because of the public perception that radar or lidar (light detection and ranging) devices are infallible.  Like any electronic equipment, radar and lidar devices must be properly maintained and used properly.  We have successfully challenged speeding tickets on maintenance issues, including calibration, usage issues, including proper training, and acceptability issues, including fighting the scientific principle behind lidar devices.  Of course, all trials are unique and we have lost speeding trials as well.

While we have a history of winning speeding ticket trials, we do not suggest going to trial on a speeding citation if you have a standard drivers license (class C license).  Our goal is to keep your speeding ticket off of your driving record the cheapest and least intrusive way possible.  Because we can generally keep a speeding ticket off of your driving record through dismissal, deferred disposition or a defensive driving class for less than the expense of a trial, it makes little sense to have a trial. This not only saves you money, it also avoids having to put you through a trial.  

If you have a commercial driver's license (CDL), you are not eligible for deferred disposition or defensive driving.  In this case, there are still ways that we can keep a speeding ticket off of your record without having to go to trial.  If a trial is the only way to keep your speeding ticket off of your record we will vigorously defend you. 


TEXAS LAW ON SPEEDING TICKETS


Contrary to popular belief, Texas does not have a true speed limit.  Rather, it is illegal to operate a vehicle at a speed "greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards."  To determine what is a reasonable and prudent speed, Texas has set prima facia speed limits.  If you operate a vehicle in excess of the prima facia speed limit, which is the posted speed limit, you are presumed to be operating the vehicle at a speed greater than is reasonable and prudent under the circumstances then existing - or speeding. 

Like all presumptions, a
prima facia speed limit may be rebutted.  This means, that if you can justify a higher speed - considering the environment - then you have not technically broken the law.  Rebutting a prima facia speed limit is difficult as they are typically backed by an engineering and traffic investigation and the perception that traveling a speed greater than the speed limit means you are automatically guilty; however, it is not impossible to get over the presumption.

In addition, posted speed limits can change based on circumstances.  For instance, the posted speed limit in a school zone may drop while school is in session and a posted speed limit in a construction zone may drop while construction is occurring.  Similarly, speed limits may decrease at night or very depending on the type of vehicle being operated such as slower speed limits for larger trucks.

Like all traffic signs, it is not an excuse that you did not know of a properly posted speed limit (it is possible to fight a speed limit if the sign is not properly displayed).  It is also not an excuse that your vehicle equipment was not working correctly when you were pulled over, although this may help to mitigate and fine.  

As you see, there is a lot of factors to determine when fighting a speeding ticket.  We have the knowledge and experience to use these factors to help us get the best deals for our clients - through dismissals or reduced fines. 


COURTS WHERE WE FIGHT SPEEDING TICKETS  

We fight speeding tickets throughout the Dallas-Fort Worth Metroplex.  We practice in all municipal and justice of the peace courts in Tarrant, Dallas, Denton, Parker, Johnson and Wise Counties, including Arlington, Aledo, Azle, Bedford, Benbrook, Burleson, Cleburne, Colleyville, Crowley, Dallas, Denton, Euless, Everman, Forest Hill, Fort Worth (Ft Worth), Garland, Grand Prairie, Grapevine, Haltom City, Haslet, Hurst, Irving, Keller, Kennedale, Lake Worth, Mansfield, North Richland Hills, Pantego, Richland Hills, River Oaks, Saginaw, Sansom Park, Southlake, Watuaga, Weatherford, Westworth Village and White Settlement.

If you are ready to get started, contact us today to speak with an experienced and reputable traffic ticket lawyer at no charge.  We will explain the process, how we can help, and you can make a decision how you would like to proceed.
 

 

  
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