Legal Question in Traffic Law in Texas

Speeding ticket issued based on skid marks

My son came upon a group of horses at night and couldn't stop. He hit and killed three of them. The DPS trooper working the accident gave my son a ticket for 76 mph in a 40 mph zone based on a 291 straight line skid. I measured the skid marks myself to the point of impact and the left one was 155 feet and the right on was 210 feet. I understand the shadowing effect, but I can't believe there was 71 feet of shadowing. My son says he wasn't paying attention to his speed, but knows he wasn't going that fast. What options do we have. Can an officer issue a speeding ticket if he didn't witness it?


Asked on 1/29/08, 12:46 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Speeding ticket issued based on skid marks

He can issue the ticket, and he did. The question then becomes can the prosecutor prove it. Without a reconstruction expert, probably not. An attorney can possibly get a trooper from being an expert. You may need to hire your own expert.

The primary problem, however, is that if the prosecutor can prove he was speeding, then by how much, does not change the fact he was speeding. Your time and money might be better spent on an attorney to negotiate a dismissal of the ticket.

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Answered on 1/29/08, 12:52 pm


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