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I am from Texas my speed was 67 and speed limit was 40 (this…

Customer Question
I am from...

I am from Texas my speed was 67 and speed limit was 40 (this was on the service road that was looking like a freeway with 4 lanes, not residential area). My question is there an option like Deferred Disposition or Defensive driving to take care of this citation without getting any points.

Lawyer's Assistant: Do you need to appear in court?

My speed was 67 and speed limit was 40 (this was on the service road that was looking like a freeway with 4 lanes, not residential area). My question is there an option like Deferred Disposition or Defensive driving to take care of this citation without getting any points.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to dismiss the ticket without getting any points

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Texas

Submitted: 7 months ago.Category: Traffic Law
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1/12/2018
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago
CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 32,856
Experience: 10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

Good morning. That would be something which you need to ask the Judge for if you enter a plea of not guilty and request a court date. You can contest this and fight this and if you do It is certainly in your best interest to retain a traffic ticket defense attorney to represent you. The first thing which they will want to do, is review the face of the citation and see if there is a legal basis to get it dismissed. If not, they will then have to look over the facts of the case and decide if it is in your best interest to work out a plea deal or to take the case to trial and make the State prove the allegation(s) against you. The officer will need to be present. If he/she fails to appear at trial, the case will likely be dismissed, unless a continuance is granted by the Judge, upon the showing of good cause. If the officer does appear, your attorney will be given a chance to cross examine them and attack their credibility. The attorney is going to want to inspect their documents and log book, to make sure that the speed measuring device was properly calibrated, that they have the citation logged and are certified to use the equipment. Moreover, they will question them about their training and experience, trying to create doubt that they may have not known what they were doing and improperly measured your speed. They will also raise any other possible defenses, which you may have, to try and obtain a finding of not guilty.

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Customer reply replied 7 months ago
is there an option to do defensive driving or deferred disposition for this since it is 27 miles above the speed limit ?
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

Yes, they may.

The court offers the option to “defer” or postpone the disposition of your case and place you on probation for a specified period of time. During the deferral period, you must comply with the terms and conditions of your deferral. Terms vary. Please be aware the type of offense you have been charged with, the facts of your particular case and/or your criminal history may be considered to determine if you are eligible for a deferral. Offense categories that may be eligible for a deferral option include: moving violations, bicycle and non-motorized vehicle offenses, no insurance violations, no driver’s license/invalid driver’s license violations, disabled parking, and water safety violations.

If you successfully comply with the terms of your deferral in the timeframe ordered by the Court, your case will be dismissed.

If any requirements are not met and you cannot provide a satisfactory reason why, at a hearing before a judge, you may be found guilty. If your offense is reportable to the Department of Public Safety (DPS), the Court will provide notice of conviction to DPS.

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Customer reply replied 7 months ago
I am reading everywhere that deferred disposition is not an option if the speed is more than 25 than the allowed speed limit. In my case I was 27 miles above the speed limit according to the citation, so wanted to clarify if they will allow for deferred disposition.
I understand Offense categories that may be eligible for a deferral option include: moving violations, bicycle and non-motorized vehicle offenses, no insurance violations, no driver’s license/invalid driver’s license violations, disabled parking, and water safety violations.
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

It is at the discretion of the Judge. You would need to see if this would be considered or if a defensive driving school would be considered.

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Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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