Legal Question in Traffic Law in Texas
Fighting a speeding ticket w/laser
Here is what happened. I was on a highway going 60 and was being tailgated by a mustang. I moved over a lane and another vehicle going very fast was coming up on me quickly so I moved over another lane. The 2 cars flew past me and a cop pulled out and pulled me over. I told him that I was not speeding (I was using cruise control) and that the one car was tailgaiting so I moved over two lanes. I told him the two cars flew by me when he said he got me on ''laser''. He said he could arrest me for not handing over my license/info, even though he had not asked for it yet. I gave him my info and he gave me a ticket for 75 in a 6o. I told him that I would contest it. He said fine, I've never lost on laser.
Do I have a chance at contesting this ticket?? I work two jobs, so if I was guily I would just pay it and be done. But I'm not. I recieved a speeding ticket about 6 months ago for 5 mph over, my first ticket in over 6 years. I took Defensive Driving, paid the fees, and took care of it. What are my other options for this ticket?
1 Answer from Attorneys
Re: Fighting a speeding ticket w/laser
In some respects, the cop is right. He probably usually wins. But not always. It will be difficult for you to win, without an atty to properly present your side of the story. Even with an atty, it will be difficult, as I believe most muni judges and jps hear so many ridiculous stories that they tend to side with the cops that they rely on. Your story is reasonable, and you may choose to go forward with it -- contact the Austin Bar Association and see if they have a referral system. You also have the option of deferred adjudication.
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