Legal Question in Traffic Law in Texas

inaccurate speedometer caused speeding ticket

I received a speeding ticket (70 in a 60) at 2:15am while traveling home from work. I knew for a fact that I was going exactly 60, and when I informed the officer - he told me that I was the only car on the road so it had to be me. I knew that I was right so I took the car to the dealership to have the speedometer checked. The dealership noted on their form that the speedometer is under by ten miles per hour at higher speeds (it is also over by 5 miles an hour at lower speeds). It should be noted that the tires and all equipment on the car are original issue. I took that paperwork with me to the court to have the ticket dismissed, but they refused and set it up a jury trial. Any suggestions on how to get this dismissed at the jury trial, or arguments I should make in my presentation. The officer noted on the ticket that I was insistant that I was only going 60 but that I was the only car on the road. I thought that might be in my favor, since I could prove that I could only rely on my speedometer. I wasn't overtaking or passing other vehicles which might make me question my speed. My only cues were my speedometer. Any opinions on why they didn't just dismiss it, and suggestions on how to proceed would be appreciated.


Asked on 1/16/04, 6:06 pm

1 Answer from Attorneys

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: inaccurate speedometer caused speeding ticket

Speeding is what is known as a strict liability offense.

That means that there is no need to prove the mental state of the defendant i.e. intentionally, knowingly, recklessly or with criminal negligence.

You must either find a sympathetic judge or prosecutor, or take the case before a jury and explain the situation to them.

You can also take Defensive Driving or apply for deferred adjudication of your ticket. Both would keep the ticket off of your driving record.

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Answered on 1/17/04, 8:46 am


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