Speeding Ticket

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Originally Posted By: 2010_FX4
I am not sure about NY, but in TX there are two ways to negotiate a speeding ticket (provided it is not in a school or construction zone).

1. Defensive driving course - completely removes the ticket from your record (most tickets are on a driving record for 5 years, but insurance companies can only check for 3 years prior) and gives you a 10% discount on your insurance. Cost is usually 50% of the full ticket cost plus $30 or so for the course.

2. Deferred Adjudication - basically amounts to probation, where for 90 to 180 days (depending on state and judge) you are "agreeing" not to break the law in any way. If you do, you pay the full cost of the ticket and it is placed on your driving record for the full time possible. If you do not break the law, the case is disposed of and the ticket is not posted to your record. Cost is usually 60% of the ticket plus court costs.

I believe every state would have a #2 option of sorts that you could discuss with the DA during the arraignment (when you first appear in court) and this option is usually acceptable to the court. With 27 miles over the speed limit, I would expect this ticket to be between $350 and $500 in TX (depending on municipality and judge) so either of the 2 options would be a better situation.

In most states, 20 over the posted speed limit can be reason enough for the officer to arrest the person that allegedly committed the transgression. In addition, simply paying the ticket as some have suggested may not be a wise decision as you have to either plead guilty or nolo contendere (no contest) to the ticket which automatically places it on your record.

The problem with doing that is not this one ticket, but the increase of consequences if you receive another moving violation within 3 years--most insurance companies love to raise rates and your rates could rise for a period of 3 years or until the ticket disappears from your record. If you try to switch insurance companies, the other insurance company will certainly check your record and you will not receive the best rates possible (full coverage would be impacted more than liability only).

At any rate, I hope this helps you in some way and....slow down a bit!


Actually, in TX, if the speeding is more than 25 over the limit, the option then becomes 1 & 2 for a first offense, no other charges involved. I.E. if you go to defensive driving, you can get deffered adjudication. At least that is how my judge did it many moons ago. Also still traffic court, so no DA involved, just you and the judge.
 
Originally Posted By: jmac
Originally Posted By: 2010_FX4
I am not sure about NY, but in TX there are two ways to negotiate a speeding ticket (provided it is not in a school or construction zone).

1. Defensive driving course - completely removes the ticket from your record (most tickets are on a driving record for 5 years, but insurance companies can only check for 3 years prior) and gives you a 10% discount on your insurance. Cost is usually 50% of the full ticket cost plus $30 or so for the course.

2. Deferred Adjudication - basically amounts to probation, where for 90 to 180 days (depending on state and judge) you are "agreeing" not to break the law in any way. If you do, you pay the full cost of the ticket and it is placed on your driving record for the full time possible. If you do not break the law, the case is disposed of and the ticket is not posted to your record. Cost is usually 60% of the ticket plus court costs.


Actually, in TX, if the speeding is more than 25 over the limit, the option then becomes 1 & 2 for a first offense, no other charges involved. I.E. if you go to defensive driving, you can get deffered adjudication. At least that is how my judge did it many moons ago. Also still traffic court, so no DA involved, just you and the judge.


That's pretty generous. I was just touristing down in TX and the two-lane "farm to market" roads had 70 MPH limits... and, I understand, even higher in some counties. So, if I read this right, you can go 94 MPH with two yellow paint stripes between you and the oncoming traffic... and not get it on your permanent record.
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In some states, you can pay double the fine, and it won't go on your record. I once got stopped for 94 in 55 (long story). It was only a "speeding ticket" also.
 
A little online research on the potential penalties might be in order, as well as whatever you can learn about what the court you have to appear in is likely to do to you.
Did you mean that you don't have to appear, but choose to?
If so, save yourself the time and aggravation.
You might get a discount.
Some courts here will give you one.
However, you were WRONG.
If they are letting you pay it out, no serious consequences are in store for you.
Were I you, I'd just pay the waiver, and turn my attention to more important things.
The last ticket I got was a couple of years back for 85 in a 65.
Only cost $135.00, and had no impact on my insurance.
I had had my last ticket twenty two years prior to that, so it is partly luck.
 
Originally Posted By: bigmike
Personally, I think it's your patriotic duty to pay up and take the hit.


It is the right thing to do unless they want you to appear in court out of state and will not drop your case by paying the fine and going to traffic school.

In my similar example, I'd rather just pay up but they want me to fly across the continent and might reschedule for another time once I'm there. Their loss, the lawyer's gain.
 
There are two problems.
1) You admitted you weren't aware of how fast you were going.
2) You admitted to being late.

ANYTHING you say to a cop will be used in court. I've gotten plenty of fast driving awards. If speeding is the only offense you were sited for, I say take you lumps and move on.

How much is the fine, & how old are you?
 
Originally Posted By: cbear
1) You admitted you weren't aware of how fast you were going.


One of my friend who was in court to argue on his speeding ticket was told by the judge that a cop can say whatever speed you are driving if you say "you don't know what is your speed". If the cop doesn't have a radar receipt, he can only add 7mph above what you said you are driving.

In that case, my friend was driving 85 and the cop put down 110, and he got hit BIG by the judge and a hefty fine. He wanted to complain about the cop but it's probably going to be useless, as it is your word against theirs.
 
Originally Posted By: dgee
I got a speeding ticket for doing 82 in a 55mph zone NY State. Court date is Nov 4. Told the cop I wasn't aware that I was going so fast and that it was my girlfriend's first day of work and that I was running a bit late. I'm going to court for this hoping to get a lesser charge. What should I expect on court day and any tips on what to do?

oh btw. first speeding ticket ever
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Do they let you take online traffic school to erase the points? If so that's money better spent than a lawyer.
 
Originally Posted By: jmac
Actually, in TX, if the speeding is more than 25 over the limit, the option then becomes 1 & 2 for a first offense, no other charges involved. I.E. if you go to defensive driving, you can get deffered adjudication. At least that is how my judge did it many moons ago. Also still traffic court, so no DA involved, just you and the judge.

Guess it all depends on the county or city--it is not this way in Harris county. There is always a DA present and we can only do one or the other, but not both. I would choose #2 first, thus saving #1 in the unlucky event that I received another ticket. In TX, you can only take a defensive driving class once every 365 days and option #2 does not have to be offered. It would also be at the judge's discretion what was offered if you were 20+ over the limit especially if you were 20+ over the limit in a lower speed limit area--i.e. 55 in a 35 (highly populated) versus 75 in a 55 (less populated).
 
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