Last Updated on June 9, 2025 by Beltz Law Group
Texas Speeding Tickets: Understanding the Law and Challenging the Presumption of Guilt
Speeding Ticket Defense Attorney
Receiving a speeding ticket in Texas is a common occurrence, but many drivers underestimate the legal complexities involved. It’s not simply about whether you were going faster than the posted speed limit. Texas law incorporates a crucial concept: the presumption that your speed was unreasonable and imprudent. Understanding this presumption and how to potentially rebut it is vital for a successful defense.
At Beltz Law Group, we frequently represent clients in Garland Municipal Court and other Texas jurisdictions for speeding violations. This article will outline the general offense of speeding in the Texas Transportation Code and explain why challenging the presumption of unreasonable speed is critical. If you’ve received a speeding ticket and want to discuss your options, contact our experienced attorneys today at 214-321-4105.
The General Offense of Speeding: Texas Transportation Code Section 545.351
The foundational statute for speeding in Texas is Texas Transportation Code Section 545.351. This section states, in part:
Sec. 545.351. PRIMA FACIE SPEED LIMITS. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. (b) An operator may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing, including: (1) the surface and width of the highway; (2) the traffic, weather, and other conditions; and (3) the presence of pedestrians. (c) On a public highway, the following speeds are lawful and not prima facie evidence of a violation of Subsection (a): (1) 30 miles per hour in an urban district on a street other than a highway; (2) 15 miles per hour in an alley; (3) 15 miles per hour on a beach; (4) 60 miles per hour on a highway that is not an interstate highway… (5) 70 miles per hour on an interstate highway… (6) a speed limit set by a local authority under this subchapter or Subchapter C. …
The key takeaway from Subsection (a) is that driving must always be at a speed that is “reasonable and prudent under the circumstances then existing,” regardless of the posted limit. Subsection (c) then establishes specific prima facie (at first sight) speed limits for different types of roadways.
Speeding Ticket Defense Lawyer
The Crucial Presumption: Was Your Speed Unreasonable?
Here’s where the defense strategy becomes critical: Texas Transportation Code Section 545.352, “Speed Limits Prima Facie Evidence,” establishes a legal presumption:
Sec. 545.352. SPEED LIMITS PRIMA FACIE EVIDENCE. (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.
This means that if you are clocked by an officer driving above the posted speed limit (or the default prima facie limits in 545.351(b)), the law presumes that your speed was not reasonable and prudent, and therefore, it was unlawful.
What does this mean for the prosecutor in Garland Municipal Court?
If you do not challenge this presumption, the prosecutor’s burden of proof is significantly lightened. They need only prove two things:
- That there was a legally posted speed limit sign at the location.
- That the officer’s speed measuring device (radar, lidar, pacing, etc.) indicated you were traveling above that posted limit.
Unless this presumption is actively rebutted, the court or jury can, and likely will, find you guilty based on these two elements alone.
Speeding Ticket Defense Lawyer in Texas
Rebutting the Presumption: Your Path to “Not Guilty”
However, this presumption of unreasonable speed is rebuttable. You have the opportunity to introduce evidence, by a preponderance of the evidence, that your speed, despite being over the posted limit, was still reasonable and prudent given the specific circumstances at the time. “Preponderance of the evidence” means it’s more likely than not that your claim is true – a lower standard than the “beyond a reasonable doubt” required of the prosecution.
What kind of evidence can rebut this presumption?
You can present evidence concerning:
- Road Conditions: Were the roads dry and clear, or wet, icy, or obstructed?
- Weather Conditions: Was it clear and sunny, or foggy, raining, or snowing?
- Traffic Conditions: Was traffic light, heavy, flowing smoothly, or congested?
- Visibility: Was visibility excellent, or limited by darkness, glare, or weather?
- Vehicle Condition: Was your vehicle in good working order (brakes, tires, etc.)?
- Absence of Hazards: Were there no pedestrians, construction, or other unusual hazards present?
- Emergency Circumstances (Rare): In very limited and exceptional cases, a legitimate emergency might justify exceeding the speed limit, but this is an extremely high bar to meet.
The Power of Rebuttal:
If, after considering all the evidence presented (by both the prosecution and the defense), a jury or judge determines that you have successfully rebutted the presumption of unreasonableness by a preponderance of the evidence, then they must find you not guilty. This is a powerful legal principle that shifts the focus from merely the numerical speed to the totality of the circumstances surrounding your driving.
Why You Need a Garland Speeding Ticket Attorney
Effectively utilizing this defense strategy requires more than just telling your side of the story. It demands:
- Understanding Admissible Evidence: Knowing what types of evidence are relevant and permissible in court.
- Strategic Presentation: How to present your case clearly and persuasively to a judge or jury.
- Legal Argumentation: How to properly articulate the legal standard and demonstrate that you have met the burden of rebutting the presumption.
- Challenging the Prosecution’s Case: Simultaneously, your attorney can scrutinize the officer’s evidence, including radar/lidar calibration, officer training, and procedural adherence.
Simply paying your Garland speeding ticket will result in a conviction on your permanent driving record, leading to potential insurance rate increases and driver’s license suspension issues. Don’t let a “number” on a radar gun be the sole determinant of your guilt.
Contact Beltz Law Group today at 214-321-4105. Our experienced Garland Speeding Ticket Attorneys can review the specifics of your case, develop a tailored defense strategy, and work diligently to protect your driving record and driving privileges by challenging the presumption against you.
