Legal Question in Traffic Law in Texas

inconsistent ticket - should i fight it?

I got pulled over yesterday (Sunday) around 10am at a rather busy highway intersection. The office was under the overpass in the center shoulder, I was in the middle of a cluster of about 5 or 6 other cars, we were all traveling about 65/70mph in a posted 65mph zone. The motorcycle officer pulled me over with ''Reason for Stop'' being: ''No Front LP'' and ''Change - Add.''... My Violation (a) was ''Speeding 80/65'', while the ''Alleged Speed'' was 70/65 (says Radar and Visual). Violation (b) was ''Exp. MVI 6/06'' which I have already taken care of and renewed today.

OK, should I fight this ticket? I really hope to because I'm on a defensive driving ''probationary period'' for another recent ticket. If I plead guilty on this last charge, I have to pay both tickets in full. So I think it's worth it to fight it, but any advice as to how to best fight this ticket would be a GREAT help. Thank You!

apprehensive driver,

Stu.


Asked on 8/21/06, 1:35 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: inconsistent ticket - should i fight it?

Here's the problem -- IF you were speeding, then you were speeding. The only different result of a higher speed is sometimes a higher fine.

In other words, 70 in a 65 is a violation just as 80 in a 65, except for the amount of the fine.

Expired MVI is not a moving violation, and should not affect your insurance or probation period.

In any case, you need to extend this case until the end of your prior probationary period.

Either on your own, or through an attorney, you need to negotiate your way out of these tickets, at least until the first probationary period is resolved. Then you might be able to get one dismissed and the second on deferred.

Good luck.

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Answered on 8/22/06, 8:16 am


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