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  1. #1
    Join Date
    Aug 2006
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    2

    Default Texas speeding in school zone, clerical error

    First day of school, Im in an unfamiliar part of town looking around for a street and get a ticket for doing 31 mph in a school zone (20 mph). The usual speed limit was 30. My questions, is that on the citation the officer spelled out 31 mph in 20 mph school zone. Across from that is a yes/no box for school zone...the officer selected NO. So my citation contradicts itself. Should I fight it, can I win, what defense?

  2. #2
    Join Date
    Jul 2006
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    Default Re: Texas speeding in school zone, clerical error

    Quote Quoting Thomas68
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    First day of school, Im in an unfamiliar part of town looking around for a street and get a ticket for doing 31 mph in a school zone (20 mph). The usual speed limit was 30. My questions, is that on the citation the officer spelled out 31 mph in 20 mph school zone. Across from that is a yes/no box for school zone...the officer selected NO. So my citation contradicts itself. Should I fight it, can I win, what defense?
    Q: Should I fight it, can I win, what defense?

    A: If you do decide to fight it, the defense of speeding in a part of town you are not familiar with is definitely a bad idea to tell the judge. I don't see any defenses here, but hey, you never know.

  3. #3
    Join Date
    Aug 2006
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    2

    Default Re: Texas speeding in school zone, clerical error

    Thanks for the reply, but my main point is that the citation contradicts itself..it states that the speeding was in a school zone, but also has the yes/no box used to indicate if it was in a school zone marked NO. Seems that since the citation was only for being over the speed limit because of the school zone that having the school zone box marked NO would negate the citation. Perhaps I should challenge it and if found guilty ask for deferred prosecution and if that fails...defensive driving.

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Texas speeding in school zone, clerical error

    Quote Quoting Thomas68
    View Post
    Thanks for the reply, but my main point is that the citation contradicts itself..it states that the speeding was in a school zone, but also has the yes/no box used to indicate if it was in a school zone marked NO. Seems that since the citation was only for being over the speed limit because of the school zone that having the school zone box marked NO would negate the citation. Perhaps I should challenge it and if found guilty ask for deferred prosecution and if that fails...defensive driving.
    If you have a trial and are found guilty, you don't get to pick what happens to you.

    The judge gets to.

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