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Roger, Attorney
Category: Legal
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi I got a speeding ticket in June 2010 for doing 80 miles

Resolved Question:


I got a speeding ticket in June 2010 for doing 80 miles in a 70 mile zone . I had got another speeding ticket in Feb 2009 for which I undertook a Defensive Driving course which I completed in Feb 2010 ....
Do you think I should apply for a Defensive Driving course again ?
Submitted: 7 years ago.
Category: Legal
Expert:  Roger replied 7 years ago.

In Texas, there are several requirements to be eligible for the defensive driving class.


The most important to your situation is that you must not have completed a defensive driving course (for the purpose of dismissing a previous citation) within one (1) year preceding the date of the offense on your current citation.


Because you completed the course in February of 2010 and received the second citation in June of 2010, you would not be eligible for the course - only 4 months have passed since you completed the course - the minimum is 12 months.

Customer: replied 7 years ago.
Ok - so what do you recommend my next step should be ? Would you advice me just paying up for the new ticket or is there any other step that I can take to let this not affect my driving history.
Expert:  Roger replied 7 years ago.

The only way to keep this ticket off of your record is if you are found not guilty by the judge. This is unlikely if the officer clocked you with a radar.


However, one thing you can do is call the court clerk's office and ask for a continuance from the first trial setting. Often (you'd be surprised how often this happens), the officer will forget to return for court on the second setting, and if you're there and he's not, the court will dismiss the ticket.


With no defensive driving classes available to you, that's really your only choice - other than just paying the ticket.

Customer: replied 7 years ago.

Thanks. On what grounds can I ask for a continuance on my first trial setting. Technically I do have valid reasons since I am travelling heavily on business right now 4 days a week. Is there something that you can suggest ?

Expert:  Roger replied 7 years ago.
Usually, you're given a free pass for the first setting without an explanation. However, if you need one, just say you have a scheduling conflict.
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