1st speeding ticket in 10+ years.

SimKool

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... could even be 1st in 15 or 20 years, and includes driving Cobb modified Subaru STi for 5 years. "Alleged" 95 in a 70. That's the good news as I might have been faster about 5 minutes before LEO, Texas DPS (state police) Trooper NoName stumbled upon me. (I need plausible deniability in case DPS reads here). My son and I were testing SportS+ mode with paddle shifiers in our recently purchased car, which would dust the STi. South Texas, hundreds of miles of empty roads. I think the rule is, if speed is not posted and you don't see any cops, drive whatever speed you want, just don't hit anyone / anything (but my lawyer tells me that's only if you can talk the cop out of giving you a ticket -- I tried to explain to her I was only going half speed). I had another 80 miles to drive, drove at PSL and everyone was passing me. That really hurts.

Best I can tell it was an I/O (instant on) situation. Will not disparage my RD, but I had no advanced RF registering on a more or less open flat road, clear dry afternoon. Waze was clear. I'm pretty sure she was driving east with her radar off, and I was driving west. RD then went off maximum loud, max signal, I immediately hit the brakes, did not see LEO lights behind me, did not see her turn around, continued west at PSL for about a mile and LEO popped up in my rear view mirror. She was very friendly. One thing surprised me, she immediately asked me to get out of the car. I thought LEO liked you to remain in the car, hands on steering wheel? Sunny afternoon about 85F, me in shorts, t-shirt with racing logo and sandals (driving barefoot naturally). And sure enough, my insurance card had expired at the end of Feb. She did let that pass! If I was 30 years younger, I'd of asked her out on a date. Need more lawyering, but IIRC I think I can take a driver safety course and have this ticket removed, or that was the law 10 or 20 years ago. Also all on BlackVue 4k video, but I don't want to incriminate myself any further.
 

RoverTtx

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... could even be 1st in 15 or 20 years, and includes driving Cobb modified Subaru STi for 5 years. "Alleged" 95 in a 70. That's the good news as I might have been faster about 5 minutes before LEO, Texas DPS (state police) Trooper NoName stumbled upon me. (I need plausible deniability in case DPS reads here). My son and I were testing SportS+ mode with paddle shifiers in our recently purchased car, which would dust the STi. South Texas, hundreds of miles of empty roads. I think the rule is, if speed is not posted and you don't see any cops, drive whatever speed you want, just don't hit anyone / anything (but my lawyer tells me that's only if you can talk the cop out of giving you a ticket -- I tried to explain to her I was only going half speed). I had another 80 miles to drive, drove at PSL and everyone was passing me. That really hurts.

Best I can tell it was an I/O (instant on) situation. Will not disparage my RD, but I had no advanced RF registering on a more or less open flat road, clear dry afternoon. Waze was clear. I'm pretty sure she was driving east with her radar off, and I was driving west. RD then went off maximum loud, max signal, I immediately hit the brakes, did not see LEO lights behind me, did not see her turn around, continued west at PSL for about a mile and LEO popped up in my rear view mirror. She was very friendly. One thing surprised me, she immediately asked me to get out of the car. I thought LEO liked you to remain in the car, hands on steering wheel? Sunny afternoon about 85F, me in shorts, t-shirt with racing logo and sandals (driving barefoot naturally). And sure enough, my insurance card had expired at the end of Feb. She did let that pass! If I was 30 years younger, I'd of asked her out on a date. Need more lawyering, but IIRC I think I can take a driver safety course and have this ticket removed, or that was the law 10 or 20 years ago. Also all on BlackVue 4k video, but I don't want to incriminate myself any further.
We always need a reminder that no countermeasures make you invincible. Sorry you had to get a ticket. I have one ticket, and for that specific city (in texas) they have a policy of allowing deferred/defensive driving/etc if the ticket was <25mph over the limit. I know you said dps though, and I'm not sure how they handle that stuff. 25 over is hard to talk your way out of completely...

DPS is almost always using I/O so most likely no detector would've saved you (without a rabbit). That's the key. If you're driving in super open empty roads you must have a rabbit.

One more thing: I won't say on record that I recommend doing this ;) but if I get hit with radar or laser and I'm speeding I just leave the area. Unless a cop is behind me with lights on, I have no obligation to stay there and wait for them. Any time I get tagged at high speeds I'm gone. I learned the hard way from my first ticket, just like your example. I traveled at least a mile before the cop was behind me. I should've just dipped.
So, I don't advocate running from police for any reason - however if you happen to get tagged with radar/laser my policy is to leave the area if you do not have a cop actively trying to pull you over.
 

SimKool

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One more thing: I won't say on record that I recommend doing this ;) but if I get hit with radar or laser and I'm speeding I just leave the area. Unless a cop is behind me with lights on, I have no obligation to stay there and wait for them.
I'm probably not that bold, but I was headed into a small town with stop lights ahead of me. Not an option today, and my lawyer tells me generally not a good idea. :rolleyes: Plus i/o a good reminder for me. My home town, LEOs run with Ka on all the time. Will rethink my next drive on open road. I suppose I've been the rabbit, & for sure today.
 
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DocTJ

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Sorry to hear man. I/O is from the devil 👿
Were there any other cars Ahead or around you?
What RD /CM were you running?
 

SimKool

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Sorry to hear man. I/O is from the devil 👿
Were there any other cars Ahead or around you?
What RD /CM were you running?
well the ticket says traffic was moderate. 3 cars within 10 miles is moderate? Pro M looking forward. LEO was coming from small town I was approaching. I think I was her first target. She could probably could see my "contrail" as I was approaching her. I had just driven thru a posted passing zone, and then into quickly decreasing PSL, 75, 70, 55, 40, 30. Dumb driving on my part. Need Theia to be smart for me.
 

Autotech198

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Troopers in ohio hide on the side of heavy curves on the highway. As soon as the see your distant lights or see you coming, very faint ramp up of KA band. This lady trooper was taking down sports cars all day long. Always use waze and a don't ignore any radar blips that come and go.
 

87GN

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Sorry to hear about your ticket. I have many FM roads around Lubbock to "play" on for tuning/testing/ripping it up! I've been very lucky over the years with my 87GN and 80 Z28! I'd look at getting ticket deferred. Be nice for 90 days and it's gone. Some counties only charge cost of ticket and others add surcharge I think. Save defensive driving for if you scew up on deferred.
 

SimKool

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Troopers in ohio hide on the side of heavy curves on the highway. As soon as the see your distant lights or see you coming, very faint ramp up of KA band. This lady trooper was taking down sports cars all day long. Always use waze and a don't ignore any radar blips that come and go.
Agree and I do use waze but less dense population, fewer waze reports. This time there was no ramp up blip. :confused:
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Sorry to hear about your ticket. I have many FM roads around Lubbock to "play" on for tuning/testing/ripping it up! I've been very lucky over the years with my 87GN and 80 Z28! I'd look at getting ticket deferred. Be nice for 90 days and it's gone. Some counties only charge cost of ticket and others add surcharge I think. Save defensive driving for if you scew up on deferred.
sounds like I need to discuss with lawyer, or read some Tex speed law before I call the court. I like the sound of deferred! Before the RCF, I had Subaru STi with Cobb mods for 5 years, never got a ticket.
PS I've been to Lubbock, once, never returned! There's snow in the winter!
 
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thesilverbullet

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if the charge is posted on your record, taking a class may drop the points but depending on insurance company will not change their penalties.

so you may want to call the insurance company... usually one ticket is min. but you have to think about the second and third ticket - maybe u save the lawyer for the next ticket.
 

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I never go deferred as I never know when something else is going to pop up and bite me. I just lawyer up and make sure that the ticket doesn't appear on my driving abstract. Cheaper to pay the lawyer and a fine then the increased insurance premiums for me.
 

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SimKool

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I never go deferred as I never know when something else is going to pop up and bite me. I just lawyer up and make sure that the ticket doesn't appear on my driving abstract. Cheaper to pay the lawyer and a fine then the increased insurance premiums for me.
I don't mind lawyering up, but you make it sound like hire a lawyer and the JP will almost automagically dismiss the ticket. Or how do I end up paying a fine, ie, guilty, without it appearing on my driving abstract?? I do vaguely recall hiring a lawyer in Chicago, many years ago, 1970s, and he worked some legalese magic. :rolleyes: How do I find Perry Mason in the middle of nowhere Texas? I know google.
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Given my previous ticket was more than 10 years ago, and this one was very dumb / my bad (I had told my passenger 45 seconds before the I/O that we are entering a "danger zone") my reading of Texas law after midnight says you can take a safe driving once a year to have a ticket dismissed, ie, not count against your DPS record, so I'm leaning that way. Where I drive most of the time, LEO are not setting speed traps. Why call the insurance company in advance and tell them I got a ticket, they're going to do whatever it is they're dong to do whether independently of what I do unless, I plead "not guilty" and legalese my way out of it. If I had a lot of tickets / bad record, or expect to get a lot of tickets in the next year, I might think of fighting this one, but don't see the point right now. Am I wrong about safety defensive driving course 1 year policy?
 
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snomad

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I found my traffic lawyer through word of mouth. I'm sure that the local Porsche club etc... would be able to set you in the right direction for a good traffic lawyer. As I understand it my lawyer negotiates having the ticket changed to an infraction that's not a moving violation if he cant get it dismissed then, the court is happy it gets its money and you're happy its not on your driving abstract.
 

Eyeborg314

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Good news is that if the roads were totally clear and straight for miles and conditions were good as you claim, you can make a strong case that your speed was reasonable and prudent given the circumstances.

Texas’s speeding law prohibits driving “at a speed greater than is reasonable and prudent under the circumstances then existing.” This is different than an absolute speed limit, which some states use. If you can argue to the judge that your speed was safe, you can get off the ticket -https://www.drivinglaws.org/resources/traffic-tickets/speed-violations/texas-speeding-laws.html

Given that your record is clean with a decent lawyer you can probably get the ticket tossed or at the very least reduced to a no-points violation.
 

SimKool

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I found my traffic lawyer through word of mouth. I'm sure that the local Porsche club etc... would be able to set you in the right direction for a good traffic lawyer. As I understand it my lawyer negotiates having the ticket changed to an infraction that's not a moving violation if he cant get it dismissed then, the court is happy it gets its money and you're happy its not on your driving abstract.
interesting, had not seen idea of lawyer "getting it changed to a non-moving violation"!
I found a legalese site what had free opinions from several Texas lawyers and the consensus for someone in my situation was to take defensive driving. I knew a guy that had a Porsche, he sold it. Not sure why. Not sure there's a Porsche club near here, but I know there's a Porsche dealer about 300 miles down the road.
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Good news is that if the roads were totally clear and straight for miles and conditions were good as you claim, you can make a strong case that your speed was reasonable and prudent given the circumstances.

Texas’s speeding law prohibits driving “at a speed greater than is reasonable and prudent under the circumstances then existing.” This is different than an absolute speed limit, which some states use. If you can argue to the judge that your speed was safe, you can get off the ticket -https://www.drivinglaws.org/resources/traffic-tickets/speed-violations/texas-speeding-laws.html

Given that your record is clean with a decent lawyer you can probably get the ticket tossed or at the very least reduced to a no-points violation.
I agree re reasonable and prudent for the circumstances. I saw that. Other parts of the statutes say the presumption is that the posted speed limit is ipso facto the prudent speed, res ipsa loquitur. (I've been thumbing thru too many regulations) :spazface: My lawyer explained that LEO uses reasonable and prudent to give you a ticket when you're driving less than PSL but weather sucks, like very foggy.
 
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Eyeborg314

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interesting, had not seen idea of lawyer "getting it changed to a non-moving violation"!
I found a legalese site what had free opinions from several Texas lawyers and the consensus for someone in my situation was to take defensive driving. I knew a guy that had a Porsche, he sold it. Not sure why. Not sure there's a Porsche club near here, but I know there's a Porsche dealer about 300 miles down the road.
Defensive driving is an OK option if you don’t speed much and don’t want to deal with the court system. I don’t think it’s an option if you’re cited for 25 or more over the speed limit though.

If you’re looking for a lawyer, using the OffTheRecord App has been pretty good in my experience. You can also look for lawyers on Justia. Just Google “justia lawyer” and search “traffic” in your local town. Then you can pick a lawyer that has a good reputation for fighting traffic tickets. Most have reviews on avvo.com, look for good reviews regarding speeding tickets. Pay particular attention to any reviews for speeding tickets in the same court that yours is issued for. Then choose a few that look good to you and ask for a free quote, and decide from there. If one lawyer offers a particularly good deal that may be a good sign as they may have a good relationship with the court.
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Yes how Prima Facie works is that the speed limit is presumed to be the prudent speed by default but you can demonstrate to the court that the speed you were traveling at was prudent and safe given the conditions.
See this article - https://dallasattorney.com/blog/no-speed-limits-in-texas/
 
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SimKool

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Defensive driving is an OK option if you don’t speed much and don’t want to deal with the court system. I don’t think it’s an option if you’re cited for 25 or more over the speed limit though.

If you’re looking for a lawyer, using the OffTheRecord App has been pretty good in my experience. You can also look for lawyers on Justia. Just Google “justia lawyer” and search “traffic” in your local town. Then you can pick a lawyer that has a good reputation for fighting traffic tickets. Most have reviews on avvo.com, look for good reviews regarding speeding tickets. Pay particular attention to any reviews for speeding tickets in the same court that yours is issued for. Then choose a few that look good to you and ask for a free quote, and decide from there. If one lawyer offers a particularly good deal that may be a good sign as they may have a good relationship with the court.
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Yes how Prima Facie works is that the speed limit is presumed to be the prudent speed by default but you can demonstrate to the court that the speed you were traveling at was prudent and safe given the conditions.
See this article - https://dallasattorney.com/blog/no-speed-limits-in-texas/
Lots of good info. Thanks! I got the ticket 90 miles from home in another county. I got a copy of my record from DPS, looks like the last ticket was 2006 when I took defensive driving. Right, I don't want to mess with court in another county. and given the options, the lawyers seems to want a lot of $$$$. Not worth it to me, this time. Never heard of Offtherecord app. Looks good. I may use it next time. Their pricing seems better (less) than the couple links I stumbled onto online.
 

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