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Old 09-25-2005, 04:36 PM   #1 (permalink)
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Default Speeding Ticket ?

Figured someone on here would know.

In Texas, 62 mph in 30 mph zone. Can you still take Defensive Driving or choose Deferred Judication?

mullins_tx@sbcglobal.net
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Old 09-25-2005, 05:12 PM   #2 (permalink)
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No one knows?
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Old 09-25-2005, 05:42 PM   #3 (permalink)
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i don't know anything about TX

but last night i got pulled over doing 70mph in a 45.... he let me go!
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Old 09-26-2005, 12:14 PM   #4 (permalink)
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Geez MSB way to kick the man when he's down. :P Well I don't know anything about TX but a month ago I went to go pay for a speeding ticket and turns out the cop never turned in the ticket and I didn't have to pay shit.
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Old 09-26-2005, 12:38 PM   #5 (permalink)
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S-C-R-E-W-E-D!

This for Austin, look it up on the Texas Motor Vehicle website for your jurisdiction.

Quote:
Defensive Driving/Driver's Safety Course Requirements

You may choose to take a Defensive Driving/Driver's Safety Course (DSC) on any one of the moving violations shown on the ticket you were issued. If you were cited while operating a motorcycle, you may be able to require dismissal of this charge by taking a Motorcycle Operators Training Course (MOTC). The eligibility for requesting a Motorcycle Operators Training Course is the same as the Defensive Driving/Driver's Safety Course with the exception that you must have been cited while operating a motorcycle.

If you were cited for any of the following, you are not eligible to take defensive driving for that violation.

* Speeding 25 mph or more above the posted speed limit
* No insurance or failure to maintain financial responsibility
* Leaving the scene of a collision
* Passing a School Bus, or
* Cited while driving in a Construction Zone when worker's were present.

Note: If you have a commercial driver's license you are not eligible to take Defensive Driving.

Please note that you can only take defensive driving for ticket dismissal once per year. Additionally you MUST request permission to take this course for purposes of ticket dismissal by the appearance date shown on your ticket. Your driving record must reflect that you have not completed a Driver Safety Course or Motorcycle Operator's Training Course, as applicable, within the last 12 months preceding the date of this offense.

If you are eligible, you will have 90 days from your request date to complete the Driver Safety Course or Motorcycle Operator's Training Course, if applicable. Note: It may take up to two (2) weeks to receive your certificate from the driving school. You will also need to obtain a certified copy of your driving record from the Texas Department of Public Safety. If you request your driving record by mail, allow 2-3 weeks for delivery.

**Please note that you do not have to set up a docket appearance and talk to a prosecutor for permission to take the course. You may come to a court location within 10 days of the citation and request permission.

Request Defensive Driving:

You may request defensive driving in person or by mail. Follow the instructions on the yellow sheet the police officer gave you when your ticket was issued. Only the person who was issued the ticket may request permission to complete defensive driving.

On or before the appearance date on your ticket, you must submit the following:

1. A completed and notarized signature on the Affidavit form.
2. Proof that you have a valid non-commercial Texas Drivers License.
3. The Court administrative fee: $120 for speeding in a school zone or $95 for all other violations.
4. Proof that any of the following forms of insurance were in effect on the day your request for defensive driving was requested:

- A copy of a valid vehicle insurance policy listing you as a covered driver.
- Your insurance card.
- A certificate of self-insurance.

If all of the above criteria for Defensive Driving are met, your permission to take the Driver's Safety Course or Motorcycle Operators Training Course, as applicable, will be automatically granted. You will receive notice from the Court

Time to Complete the Course:

You will have 90 days from the date the affidavit is notarized to complete the defensive driving course and obtain a copy of your driving record. Proof of course completion and your driving record must be submitted on or before the 90th day. If you fail to show proof and submit your driving record, you will be scheduled for a hearing before a Municipal Court Judge. A notice of the hearing will be mailed to you at the address listed on your citation, unless you notify the Court of a change of address. You may also exercise the option to appear in person at Downtown location, 700 East 7th Street, Monday-Thursday from 8:30am to 11 am or 1:30 pm to 3:30pm to speak to a judge.

Class Locations:

For a list of class locations visit the website of the Texas Education Agency at : www.tea.state.tx.us/drive.

Driving Record:

Driving records are available from the Texas Department of Public Safety, 5805 N. Lamar Blvd. (corner of North Lamar and Koenig Lane) Austin, TX 78752, (512)424-2600. The cost for a certified driving record is $10.00.

Proof of Completion:

You may exercise the option to either bring in or mail the original certificate of course completion and your driving record. The proof must arrive at the Court or be deposited in the Court's lobby drop box no later than the 90th day after the date that your Driving Safety Course Request Affidavit was notarized.


Getting Defensive Driving Information Specific to Your Ticket:

You can find out your deadline for showing proof of completion of defensive driving by using our Interactive Voice Response System. Call the system at (512)974-4800 and select the Defensive Driving option. Choose the case specific option.

You will need to know your ticket number to get this information. The ticket number is the number in the upper right corner of your citation.
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Old 09-26-2005, 01:00 PM   #6 (permalink)
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One question, in some states isn't it reckless driving if you go more than twice the posted speed limit? Just curious.
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Old 09-26-2005, 01:26 PM   #7 (permalink)
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Quote:
Originally Posted by ironrice
One question, in some states isn't it reckless driving if you go more than twice the posted speed limit? Just curious.
yes. i know in NJ - if you double the speed limit - it's the cops' discretion to take your license right there. and have your car towed.
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Old 09-26-2005, 03:14 PM   #8 (permalink)
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Default Speeding

Just found out it's best to consult the help of a lawyer in these cases. David Sprecker out of Houston ($200). He said most are dismissed in Harris County and if not they will plead it down so I can take defensive driving or chose the deferred adjudication option. Both of these options will prevent anything from being posted on my driving record which is clear. I believe some law firms only charge $75 but I'm sure you get what you pay for. The Deputy will have to show for the court date for starters but hopefully he has another job by then (I"m sure the turnover rate is high).

This just bites the dust, <200 miles on the new G35 and already spanked with a ticket. I haven't received a ticket in 3 yrs... I guess he could have tacked on reckless driving or exhibition of acceleration if he wanted so I guess I'm lucky in that regards. Some might think 62 in a 30 is reckless, but so is 35 in a 30 while driving a U-Haul, or F250 pulling a boat--speed is relative. It all depends on what you driving and under what conditions, at least your ability to avoid a dangerous situation anyways.

Thanks for your input.
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Old 09-26-2005, 03:19 PM   #9 (permalink)
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Quote:
Originally Posted by msb3079
i don't know anything about TX

but last night i got pulled over doing 70mph in a 45.... he let me go!
He must have liked your car!

Consider yourself lucky, warnings are nice once in a while. From my experience, I've noticed that if you are courteous to the Officer and not try to lie your way out of the situation, they sometimes appreciate being treated with respect and reward you for it.
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Old 09-26-2005, 03:25 PM   #10 (permalink)
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Quote:
Both of these options will prevent anything from being posted on my driving record which is clear. I believe some law firms only charge $75 but I'm sure you get what you pay for.
What I've discovered in the legal world is that you do get what you pay for. Paying a little bit more to have an attorney that has a professional and personal relationship with the judge/DA will usually get you a better deal. Good luck
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Old 09-26-2005, 03:43 PM   #11 (permalink)
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Quote:
Originally Posted by FoeDoe350Z
Quote:
Originally Posted by msb3079
i don't know anything about TX

but last night i got pulled over doing 70mph in a 45.... he let me go!
He must have liked your car!

Consider yourself lucky, warnings are nice once in a while. From my experience, I've noticed that if you are courteous to the Officer and not try to lie your way out of the situation, they sometimes appreciate being treated with respect and reward you for it.
yes. i was apologetic and didn't make excuses. plus- i pulled out of the main road into a lot so he was safe to get out of his car... they appreciate that. (and when people have that common sense to do so)
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Old 09-26-2005, 03:44 PM   #12 (permalink)
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Quote:
Originally Posted by jl9618
Quote:
Both of these options will prevent anything from being posted on my driving record which is clear. I believe some law firms only charge $75 but I'm sure you get what you pay for.
What I've discovered in the legal world is that you do get what you pay for. Paying a little bit more to have an attorney that has a professional and personal relationship with the judge/DA will usually get you a better deal. Good luck
it really is all about who the attorney knows... remember... in the end -- it's all about the dinero.
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Old 09-26-2005, 04:10 PM   #13 (permalink)
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Yep, the lawyers that have the right relationships know it and that's why they charge more.
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Old 09-26-2005, 04:23 PM   #14 (permalink)
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Quote:
Originally Posted by ironrice
One question, in some states isn't it reckless driving if you go more than twice the posted speed limit? Just curious.
It is in Ga. from what I recall, and they instantly drop you from Insurance. Ask Gard to be sure though
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Old 09-26-2005, 07:39 PM   #15 (permalink)
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That's a good point about pulling out of the way of potentially dangerous traffic.



Quote:
Originally Posted by msb3079
Quote:
Originally Posted by FoeDoe350Z
Quote:
Originally Posted by msb3079
i don't know anything about TX

but last night i got pulled over doing 70mph in a 45.... he let me go!
He must have liked your car!

Consider yourself lucky, warnings are nice once in a while. From my experience, I've noticed that if you are courteous to the Officer and not try to lie your way out of the situation, they sometimes appreciate being treated with respect and reward you for it.
yes. i was apologetic and didn't make excuses. plus- i pulled out of the main road into a lot so he was safe to get out of his car... they appreciate that. (and when people have that common sense to do so)
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