Legal Question in Traffic Law in Texas

Speeding Ticket and No Proof of Insurance

I just received a speeding ticket and was also cited for for failing to provide proof of insurance. The officer recorded me at 76 on his radar but I was doing below that but over the speedlimit, as I was told by him. I am new to Texas and did not know that the speed limit where I was cited was 65 mph, rather than 70 mph which is the case about a 1/4 mile ahead. On top of this upon receiving the ticket the officer told me I was getting cited for failure to provide proof of insurance and that the judge will dismiss the charges as long as I provide proof of insurance on the date I am to appear in court. However, he also listed on the ticket the speeding citation. Do I have any defense to this? Also if the officer doesn't appear in court and I choose to fight the speeding will the judge dismiss the case because of the officer's failure to appear? Any help would be greatly appreciated.


Asked on 2/08/04, 4:35 am

1 Answer from Attorneys
Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: Speeding Ticket and No Proof of Insurance

If the officer does not show up on the court date most municipal courts will simply reset the case to a new date. If the officer does not show up on this second date you can usually get the case dismissed.

Your insurace ticket should be dismissed without cost if you can show the court that you had valid insurance at the time you were stopped.

You may have the option of taking defensive driving on your moving violation depending on when you last took it. If this option is not available then request deferred adjudication.

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Answered on 2/09/04, 4:55 pm


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