Attorney For Speeding Tickets In Rowlett
214-321-4105
Understanding The Law Of Speeding In Texas
The law in Texas for speeding is considered a strict liability offense. That means that there is no need for a prosecutor to prove intent to speed. There need only be a speeding offense and it must be proven that that offense is unreasonable and imprudent under the circumstances then existing on the roadway. The unreasonable and imprudent requirement can be assumed if it is not rebutted by the defense. So if the speed was reasonable and prudent under the circumstances a lawyer must put on evidence to show such. The specific statute related to speeding tickets states the following:
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Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) An operator:
(1) 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; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
Again, the key to understanding and defending speeding tickets is to understand the burden of proof and what must be done to rebut that burden. If the burden can be rebutted, then there is no speeding ticket offense in Rowlett. Examples our Rowlett speeding ticket lawyers have used to defend speeding tickets in Rowlett Municipal Court in the past are things like:
- A rock truck was travelling along a roadway and cars had to speed up to travel around the truck to avoid damage.
- speeding 10mph over the limit to avoid a drunk driver on the roadway
There are many other examples of reasons why a speed may be considered reasonable and prudent even though it was over the posted speed limit. We suggest you contact a speeding ticket lawyer in Rowlett today to discuss your particular case.