Received a speeding ticket but was not speeding..what do i do to fight this citation?

UPDATED: Sep 30, 2022

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Received a speeding ticket but was not speeding..what do i do to fight this citation?

Police officer stated I was clocked in
radar going 59 in a 45. One of the
officer’s stated the size of my tires
could result in higher mph other
officer stated I was probably clocked
going in oppsite direction . There were
other smaller vehicles around me but I
was the one that was pulled over.I also
stated to the officers that I was going
40mph was in disbelief that I was
actually pulled over. All they said
that I can argue it with the judge. The
unmarked police car was coming in
opposite direction from me when they
‘got me on radar’ with other cars
around me .

Asked on August 5, 2016 under General Practice, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You almost certainly will not win assuming that the officer manning the radar gun was properly trained/certified and the radar gun properly calibrated, both of which can be established or proven in court. The simple fact is, if the officer is trained and his radar working correctly and he is prepared to testify as to your speed, the court will believe a sworn officer of the law, one who has no personal stake in the outcome, over a driver who is trying to (understandably) avoid a ticket.
Don't focus on "fighting": focus on settling with a plea deal. Approach the prosecutor on the trial date; respectfully tell him that you did not realize your speed and that  it seemed slower to you and that the last time you'd checked your speedometer, it was at or under the limit. If ou otherwise have a good driving record, it very likely that the prosecutor will let you plead to a lesser offense (i.e. less miles over the speed limit). He or she may even let you plead to an offense that has a larger fine but no points on your license, if that is something you want.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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