By: Beltz Law Firm
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Royse City Speeding Ticket Defense Strategies
Defense Strategies For Speeding Tickets
Speeding tickets are probably the most common citation issued by the Royse City Police Department. Mainly due to the fact that Royse City is directly off of I-30 traveling in to Rockwall and Dallas. If you have been issued a speeding ticket In Royse City, Texas and are trying to figure out the current state of the law and what needs to be done to protect your permanent driving record, then this article is for you. If you would like to consider hiring an attorney for your speeding ticket in Royse City, Texas feel free to contact our office today.
Defending Speeding Tickets In Royse City, Tx
There are a few things you need to be aware of in the defense of a speeding ticket in Royse City. The first thing you want to know are the arguments that are not going to get you very far when it comes to requesting a dismissal of your speeding ticket.
- Wrong Year Model Of Car – Unless the year model is so far off that the actual shape and outlook of the car are completely changed, this argument will usually not suffice to have a speeding ticket dismissed at a trial and most definitely at a pretrial.
- Was Going With Flow Of Traffic – I once heard a person represent themselves at trial. They made this argument. The cop got on the stand and said it was true. They were going as fast as everybody else. Everybody else was speeding as well. He just picked the slowest of the fast drivers because they were all violating the law. The defendant lost their case. This argument needs to be bolstered with more than the “everybody was doing it” argument. It needs to be accompanied by a reason for the speed that required you to go with the flow of traffic.
- Wrong Color Of Car – Blue and Black are similar enough. Gray and Silver are too. Don’t get highly technical with this argument because it won’t work.
- Pulled Over In A Different Area Than Where The Violation Occurred – It takes time for officers to do a background check on individuals to ensure the safety of the officer. Stops do not always occur immediately.
- They Did Not Show The Radar – They don’t have to under Texas law
These are just a few of the most common defenses that are used without success. What you want are solid defenses based on case law, The Code Of Criminal Procedure and The Texas Transportation Code. For Example:
- A Complaint must be filed with the court within 1 day prior to any proceeding in the matter and available for inspection. Code of Criminal Procedure 45.018(b)
- The Complaint must be drafted in accordance with 45.019 of The Code Of Criminal Procedure
- If The Complaint is not drafted and filed properly the case should be dismissed.
- The Complaint must be filed within 2years of the actual offense.
- The name on the complaint must be spelled accurately enough so as not to mistake the Defendant with another person. This is referred to as idem sonans. This does not mean that the name must be spelled without error. For example, John and Jon are close enough. However, John and James are not.
For more examples of what is and what is not valuable in traffic ticket defense in Royse City and the surrounding area contact our Royse City Ticket Lawyers today. If you have a commercial driver’s license and are dealing with speeding tickets, read here.