coolerguy12 said:

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I'm a firm believer that the state has to have a written statute that you violated in order to charge you with a crime. They can't just say "you went too fast, pay us money." I don't care about wasting a judges time. In order to break the law there has to be a law to break.

For example, in college I got a ticket for "riding an authorized vehicle on a roadway" while riding a cooler to class. I was able to prove that my vehicle was classified as a motor assisted scooter and could be operated in the same places as a bike. Just because a cop wrote a ticket doesn't mean a law was broken. Many folks here would have told me to just pay the ticket and stop with the sovereign citizen crap.

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There is a written statue that the OP is accused of breaking

Sec. 545.352. PRIMA FACIE SPEED LIMITS. (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.

So all you have to do is go to 545.351 and prove your speed was safe and prudent.

coolerguy12 said:

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I'm a firm believer that the state has to have a written statute that you violated in order to charge you with a crime. They can't just say "you went too fast, pay us money." I don't care about wasting a judges time. In order to break the law there has to be a law to break.

For example, in college I got a ticket for "riding an authorized vehicle on a roadway" while riding a cooler to class. I was able to prove that my vehicle was classified as a motor assisted scooter and could be operated in the same places as a bike. Just because a cop wrote a ticket doesn't mean a law was broken. Many folks here would have told me to just pay the ticket and stop with the sovereign citizen crap.

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User name checks!

coolerguy12 said:

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I'm a firm believer that the state has to have a written statute that you violated in order to charge you with a crime. They can't just say "you went too fast, pay us money." I don't care about wasting a judges time. In order to break the law there has to be a law to break.

For example, in college I got a ticket for "riding an authorized vehicle on a roadway" while riding a cooler to class. I was able to prove that my vehicle was classified as a motor assisted scooter and could be operated in the same places as a bike. Just because a cop wrote a ticket doesn't mean a law was broken. Many folks here would have told me to just pay the ticket and stop with the sovereign citizen crap.

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I think most would agree that your coolermobile citation was in considerably less traveled legal territory than speeding tickets.

coolerguy12 said:

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I'm a firm believer that the state has to have a written statute that you violated in order to charge you with a crime. They can't just say "you went too fast, pay us money." I don't care about wasting a judges time. In order to break the law there has to be a law to break.

For example, in college I got a ticket for "riding an authorized vehicle on a roadway" while riding a cooler to class. I was able to prove that my vehicle was classified as a motor assisted scooter and could be operated in the same places as a bike. Just because a cop wrote a ticket doesn't mean a law was broken. Many folks here would have told me to just pay the ticket and stop with the sovereign citizen crap.

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I want to see the cooler scooter thingy......also user name checks out.

Georgia lawyer here so take it with a grain of salt.

Argue that speed limits only apply to commercial vehicles? Yeah, good luck with that.

Request a jury trial for a speeding ticket? Prepare for the maximum penalty the judge can give you for wasting time and resources.

In Georgia, speeding doesn't go on your driving record unless you are going more than 14 mph over the speed limit. That is what insurance companies will pull and may raise your rates. For every speeding ticket I or family or friends have had I seek to get it reduced to 14 or below so it won't be pulled by insurance. After that, it's just a small fine. Most solicitors will agree to that - quick negotiation and you are out of court.

Not worth fighting if insurance won't see it. At least my time is more valuable than that. Not sure what Texas does, but it looks like they report all speeding tix. It may be more beneficial to negotiate for a lower speed to be reported rather than fight the tix. You are more likely to get that. Looks like it always stays on your record in TX, but insurance companies can only consider it for rates for three years.

Prediction of how this all turns out when the OP pleads his case

99.5% of the time when someone on here asks about how to get out of a ticket, they were speeding.

Since you claim that you weren't, we want to know how you are going to prove that in court.

GinMan said:

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AgRyan04 said:

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Just some constructive feedback....I think you would have received different responses if you had included that you were wrongly ticketed for speeding when you werent in the intial post. Without that information, the initial post makes it seem like you're trying to get out of a ticket on a technicality, which I think is what spurred the comments you did get.

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So I have to explain to Former Students in greater detail that I'm innocent until proven guilty in a court of law?

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You do you.....I was just trying to shed some light as to why you received the responses that seemed to suprise and upset you.

I currently have a speeding ticket in process where I've hired a lawyer. It was in south houston (Alvin) where the cop busted me for going 57 in an alleged 50 MPH zone.

Problem is I was actually going the opposite direction and he pulled a U turn to pull me over. The direction he was going into town was governed with 50MPH and the direction I was heading (out of town) was governed by 55MPH. I called the cop out on this delta between speed limits given the directions we were both traveling and he lost his mind. Got really upset at me.

Doesnt matter but I'm not gonna get BOHICA'd because Bacon Bits didn't realize that speed limit signs were different for the different directions traffic was traveling.

So I had my lawyer request the dash cam and video evidence 5 months ago and still haven't gotten an update to see if they got it yet. But I'm sure the DA reviews that video and they'll shake their head. Followed up this morning with him.

GinMan said:

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hammerhead said:

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Must be retired and have nothing else to do..

Pay the damn ticket and move on.

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These comments have "millennial" written all over it…

My parents (father and mother) taught me to stand up for my rights. If the system has failed me, I'm going to fight the system. The decline of a free country starts with compliance to a flawed system.

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This entire thread of responses by you is bizarre. Interesting you felt the need to clarify your parents were father and mother, you sound like a sovereign citizen follower, you call people communists for asking how you feel you can prove you weren't speeding, etc.

justnobody79 said:

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tk111 said:

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coolerguy12 said:

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Look up prima facie speed limits in Texas. Long story short, the posted speed limits are only for commercial vehicles. For the rest of us the speed limit is whatever is safe and reasonable. The state has decided that the posted speed limit is safe and reasonable but the burden of proof is on them to prove your speed was unsafe or unreasonable.

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I'm no expert, but this reads like sovereign citizen gobbledeegoop

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if you were on I-10 in the middle of nowhere in West Texas, no traffic, clear weather, going 20 over the posted speed limit in a new corvette, the argument is you are going a safe and reasonable speed given the conditions.

to the OP you need to post the finer details of what your ticket states beyond the clerical error

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I'm with tk111.

Could this be expanded to things like stop signs? As I pull up to a 4-way stop and see no one around for as far as the eye can see, are you telling me that I can just keep on driving without so much as lifting off the accelerator? Are stop signs just a suggestion, too?

Quote:

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I have compiled a "Dream Team" of armchair Zoo professionals.

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"If the Drivers License digits don't fit, you must acquit."

GinMan said:

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I've decided to seek further assistance in my court case. I have compiled a "Dream Team" of armchair Zoo professionals.
They will be representing me until further notice.
I am no longer allowed to respond to any questions or comments on the OB and anywhere else on TexAgs.

Please refer to my legal counsel with any further questions.
My representation will be the legal firm offices of
"Pro Sandy, Hammerhead, jwoodmd, and coolerguy12"

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