Speeding Ticket
Many times we are asked the question, “how fast is too fast” when it comes to protecting a person’s driving record. The answer is not as straight forward as a person would think. This article is meant to help those that have been issued a high speed traffic ticket in Texas understand the laws and how they apply to the decision to allow a person to protect their record. If you would like to speeding case with our experienced speeding ticket attorneys after reading this article, feel free to contact us at 214-321-4105.
Requesting Driver Safety
First, we would like to categorize the various ways a speeding ticket can be dismissed in Texas. The most commonly used way is to sign up for a driver safety course. In Texas, you are allowed to take driver safety one time a year to have a ticket dismissed. The requirements are as follows:
- You must pay the court costs associated with the ticket. This cost usually runs around $125.00 to $140.00.
- You must have a valid driver license and proof of insurance.
- You must take and complete the course within 90 days of submitting the request to take driver safety.
- At least 1 year must have passed since you last took the course (can only take .
- You are not allowed to take driver safety if the officer alleged that you were going 25 mph or more over the posted speed limit.
high speed traffic ticket
for this option to apply, a person is limited in the ability to have a speeding ticket dismissed if they were alleged to be going more than 25mph over the posted speed limit. This means, that by law a person cannot take driver safety to have a speeding ticket dismissed if the speed was for example, 90mph in a 60mph zone. There are many other variations of the 25mph rule that could apply. For example, 60mph in a 35mph zone. Remember, the red line is 25mph over the posted speed limit. Once you reach this limit, driver safety will not be an option to have your case dismissed.
Deferred Adjudication
Deferred adjudication in its most simple terms is an agreement to delay any conviction on a case. If certain conditions are met, then the case will be dismissed altogether at a later date. In most cases, the main condition is that a person cannot get any new tickets during the deferral period. If that condition is met, and the deferral fee is paid on time, then the case will be dismissed. Most deferral periods range from 30 to 180 days. Deferred adjudication is much different in that you are not limited by law to request deferred adjudication only one time a year. You can obtain deferred adjudication multiple times in a year if a prosecutor and judge allow it.
speeding ticket attorney
Unlike driver safety, you are not limited to requesting deferred adjudication if you are alleged to be going over 25 mph over the posted speed limit. So for high speed cases, this is going to be the best option to keep the speeding ticket off your record if the case is not dismissed completely. Many courts will say incorrectly that they are not allowed to grant deferred adjudication if it is over a specific speed amount. However, it is important to know that there is no law that disallows a person to receive deferred adjudication based on the speed alleged. For example a person going 150mph in a 20mph zone is technically eligible for deferred adjudication under the law. Does that mean that a prosecutor and/or judge would allow it? No. It becomes your job to be persuasive enough to convince a judge and prosecutor that your high speed case should be eligible when it extends beyond 25mph limit that most courts have in place. If the prosecutor or judge says that “by law” you are not allowed to have deferred adjudication due to the speed, then you must point out that the deferred statute contained in the Code of Criminal Procedure Article 45.051, does not specifically limit a judge’s ability to approve deferred. There is no such law.
Defending High Speed Cases – Trial Options
Defending high speed traffic tickets is difficult work. Even when all defenses are made, there is no guarantee that a person will be able to protect their record through an agreement with the prosecutor. This is when a trial may be necessary. There are a variety of trial techniques that attorneys will use depending on the court to try to continue to fight for a dismissal or better offer. Each of these techniques are very specific to the facts of the individual case. If you would like to discuss these options and possibly hiring an experienced speeding ticket attorney for your case, feel free to call us at 214-321-4105.
