texas evidence speeding
Is a speeding ticket invalid if the listed speed is not what it was?
<p>I recall reading about speeding ticket defenses in some jurisdiction in the United States or Canada that the fact that the officer "reduced" the alleged speed that he obtained through his radar and such, invalidates the whole ticket.  (Which is probably one of the reasons that the officers never negotiate what number they put on the ticket.)</p>

<p>E.g., if the traffic citation says you were going 80 in a 70 zone on an interstate, but, it turns out, the officer does have evidence from his laser that you were going 85 instead, then the ticket is invalid and should be dismissed by the judge as improper.  (Would it matter if, for example, the officer did have another reading at exactly 80?  Or if he has also followed you bumper-to-bumper for a couple of seconds at the speed of, say, 75, or 78?)</p>

<p>Could anyone possibly find any reference or confirmation of this?  Would something like this be applicable in Texas?</p>

<p>Here is a link to the relevant Texas Statute: <a href="http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm" rel="nofollow">Title 7, Subtitle C, Chapter 545, Subchapter A</a>:</p>

<blockquote>
  <p>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.</p>
</blockquote>

<p>Combine that with:</p>

<blockquote>
  <p>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.</p>
</blockquote>

<p>This section mentions, as an example, among other points:</p>

<blockquote>
  <p>(2)  except as provided by Subdivision (4), 70 miles per hour on a highway numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market road;</p>
</blockquote>

<p>What this means is that if you are driving over 70 miles per hour on a type of highway mentioned in (2) above then you are, by legal definition, driving at a speed that is greater than is reasonable and prudent.</p>

<p>When you are cited for speeding you are not charged for driving at a specific speed in an area posted at another speed. You are cited for violating a broader law, such as in Texas, driving in an unreasonable or imprudent manner. The mention of the speed is merely a recordation of the facts that support the state's case against you.</p>

<p>Let's take the proposal to demonstrate the speed is too low to its logical conclusion. You plead not guilty and it comes out during testimony that you weren't driving 80 but really 85. The judge will still find you guilty of the underlying charge as the facts in the case still support that finding.</p>

<p>I have personally witnessed mistakes in tickets result in dismissal. Those mistakes have, however, been related to other facts about the case though: time of day, date of offense, etc.</p>

<p>I've also witnessed people attempt to claim a lower but still illegal speed. For example, "I wasn't going 85 I was only going 80." These resulted in findings of guilt.</p>

<p>I've never heard of reducing the speed making the ticket invalid. In fact, many jurisdictions will amend the ticket to the actual speed that was taken on the radar if someone attempts to go and fight a ticket in court after an officer cut them some slack by lowering the speed, likely to eliminate that line of argument before the hearing begins. You have to remember that a traffic citation can be amended at any point before the judge starts hearing arguments, and I've seen an officer amend a ticket right there in the court room before arguments began (which is why people shouldn't depend solely on a mistake to get them out of a ticket when heading to court).</p>

<p>But to put this in perspective, prosecutors over the span of law have frequently used the tactic of lowering the offense in a wide variety of different circumstances because it makes it easier to get a conviction, gives them a break, etc. Whatever the reason, lowering the offense does not inherently make the offense invalid. Imagine a judge dismissing a murder charge because the prosecutor made a deal and only charged them with manslaughter, even though they clearly had the evidence to get a conviction for second degree murder.</p>

<p>Since speeding is only a traffic violation and not that "serious" it is much more likely that it is just a judge using their discretionary power and thinking, "well if you're willing to cut them a break and lower the speed, why not just let them off completely with a warning?" Going back to my first paragraph with this, chances are if you actually go to court your ticket will either a) get completely dismissed by the judge and you just get a warning or b) amended to the actual speed you were going. Likely it will depend on your previous traffic citation history.</p>
