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PHS Wildcats
03-29-2010, 08:03 PM
I got a spedding ticket Friday night on my way to Dallas from a DPS Officer. Get this. He gave me a ticket for going 57 in a 55!! I ask him if her was serious and he said yes! This is my 1st ticket in my life and I'm 31.

What should I do? Pay the ticket? Take defensive driving or what? I work for UPS and if you have a ticket on your record, they will take you off your route for a year.

If I take Defensive Driving, do I still have to pay the ticket?
Can I take defensive driving online?

BullsFan
03-29-2010, 08:08 PM
Yes, you can take defensive driving online. The last time I did that, I did not have to pay for the ticket but I did have to pay some kind of "court cost" that was around $175. You can also ask for deferred adjudication, which means they'll give you some kind of window (like 3 months) and, if you don't get another ticket, they'll not put that ticket on your record. But again you may have to pay some kind of court fee.

LE Dad
03-29-2010, 08:10 PM
Originally posted by PHS Wildcats
I got a spedding ticket Friday night on my way to Dallas from a DPS Officer. Get this. He gave me a ticket for going 57 in a 55!! I ask him if her was serious and he said yes! This is my 1st ticket in my life and I'm 31.

What should I do? Pay the ticket? Take defensive driving or what? I work for UPS and if you have a ticket on your record, they will take you off your route for a year.

If I take Defensive Driving, do I still have to pay the ticket?
Can I take defensive driving online?

Go to JP explain your situation, and asked to have it dismissed or ask for deferred ajudication. Either one of those are much better than defensive driving.

LE Dad
03-29-2010, 08:14 PM
Originally posted by BullsFan
Yes, you can take defensive driving online. The last time I did that, I did not have to pay for the ticket but I did have to pay some kind of "court cost" that was around $175. You can also ask for deferred adjudication, which means they'll give you some kind of window (like 3 months) and, if you don't get another ticket, they'll not put that ticket on your record. But again you may have to pay some kind of court fee. Yes, you pay court costs. It will probably be as much as the ticket, but no record and no points.

bowleghorses
03-29-2010, 08:15 PM
I'm a police officer down here, and I wouldn't write that ticket. There should be a margin of error that He should allow for...it's only right.

bowleghorses
03-29-2010, 08:19 PM
By the way,you didn't ask him if he why he wasn't at the donut shop at the time...did you.:D

Daddy D 11
03-29-2010, 08:22 PM
Was riding with a buddy once, during my freshman year of high school and he got pulled over for 36 in a 35. Cop gave him a ticket too LOL

bowleghorses
03-29-2010, 08:26 PM
I work for a dept. that is known for writing tickets...heck we even made National Geographic...but we don't write em for 1 or 2 over. Thats chicken stuff.

LH Panther Mom
03-29-2010, 08:30 PM
I just sat on two juries this morning for traffic court. If you fight it, at least try not to sound like a schmuck! :devil:


57 in a 55 - I would think asking for deferred adjufication would be an option. If that doesn't work, take defensive driving. It will cost you around the same amount, but like has been said, the ticket's not on your record PLUS you get to save on your insurance.

Yoe_09
03-29-2010, 08:31 PM
Originally posted by PHS Wildcats
I got a spedding ticket Friday night on my way to Dallas from a DPS Officer. Get this. He gave me a ticket for going 57 in a 55!! I ask him if her was serious and he said yes! This is my 1st ticket in my life and I'm 31.

What should I do? Pay the ticket? Take defensive driving or what? I work for UPS and if you have a ticket on your record, they will take you off your route for a year.

If I take Defensive Driving, do I still have to pay the ticket?
Can I take defensive driving online?

Wow really a surprise but I would take the defensive driving if possible. Ive only been pulled over once for going 50 in a 30 and didnt get a ticket but i guess he was in a good mood.

PHS Wildcats
03-29-2010, 08:52 PM
Thanks guys. I've been searching online and see that I can take defensive driving online. It's a 6 hour course and it's $25 to take the course. If I take it online, do I still have to pay court cost or can anyone explain what the difference is between the regular defensive driving and the one online?

sinton66
03-29-2010, 08:58 PM
You still have to go through the court. The judge has to say you can take defensive driving.

LH Panther Mom
03-29-2010, 08:58 PM
Originally posted by PHS Wildcats
Thanks guys. I've been searching online and see that I can take defensive driving online. It's a 6 hour course and it's $25 to take the course. If I take it online, do I still have to pay court cost or can anyone explain what the difference is between the regular defensive driving and the one online?
If you do a comedy one, you usually get a meal thrown in. :D


Yes, court costs are the same regardless, which is about the same as the ticket. At least that's what lhpd tells me. ;)

LE Dad
03-29-2010, 09:05 PM
I would highly suggest to try and get it dismissed. The worst thing the JP can do is say no, but if he says yes then you are out zero $.

If you were only 2mph over then you have a good shot. This guy was probably behind on his quota (yes they do have a quota) and it was the last weekend of the month.

Ranger Mom
03-29-2010, 09:07 PM
My kids take the online one at Ticketstop.com.

It's easy and you can spread it out over time and complete it

Beware....they ask trick questions on there as to what the guy talking to you is wearing, etc.

LE Dad
03-29-2010, 09:10 PM
I would highly suggest to try and get it dismissed. The worst thing the JP can do is say no, but if he says yes then you are out zero $.

If you were only 2mph over then you have a good shot. This guy was probably behind on his quota (yes they do have a quota) and it was the last weekend of the month.

bowleghorses
03-29-2010, 09:31 PM
Originally posted by LE Dad
I would highly suggest to try and get it dismissed. The worst thing the JP can do is say no, but if he says yes then you are out zero $.

If you were only 2mph over then you have a good shot. This guy was probably behind on his quota (yes they do have a quota) and it was the last weekend of the month.

quotas...what quotas...aint that illegal:rolleyes:

Ranger Mom
03-29-2010, 09:36 PM
Originally posted by bowleghorses
quotas...what quotas...aint that illegal:rolleyes:

I used to work for the Denton Municipal Court...I don't know if they are illegal, but I know for a fact that they did there when I worked for them!!!

bowleghorses
03-29-2010, 09:39 PM
It's illegal in good ol' Louisiana. The brass can tell you to write em but cant give you a number.

Ranger Mom
03-29-2010, 09:41 PM
Originally posted by bowleghorses
It's illegal in good ol' Louisiana. The brass can tell you to write em but cant give you a number.

I always thought this was more of a "bet" between officers actually.

That was the impression I got from listening to them "around the water cooler."

SWMustang
03-29-2010, 09:42 PM
quit breaking the law! :D

SintonFan_inAustin
03-29-2010, 09:44 PM
did you admit to going 57? most likely judge will dismiss this, if not ask for defensive driving and pay them the court cost and then you have like 90 days to take defensive driving and depending on your insurance you'll get a discount for taking defensive driving. its best to pick a saturday and take it somewhere as its less boring than taking it online as you risk the chance of not passing the test.

PHS Wildcats
03-29-2010, 09:56 PM
Ok, I'm going to try and get it dismissed. But if I do take Defensive Driving. Can I take it anywhere or only in the county where I got the ticket?

Ranger Mom
03-29-2010, 09:57 PM
Originally posted by PHS Wildcats
Ok, I'm going to try and get it dismissed. But if I do take Defensive Driving. Can I take it anywhere or only in the county where I got the ticket?

You should be able to take it locally!!

BaseballUmp
03-29-2010, 10:00 PM
yea i agree, i would actually go to a class and take it...ive taken the class and yea i t was quite boring, but ive seen my gf suffer through an online course and it seemed alot worse to me. I took mine in an old church dining hall in big ole Milano Texas with 3 other people haha

BaseballUmp
03-29-2010, 10:01 PM
yea i got a ticket in brazos county and took my dd in milam county

PHS Wildcats
03-29-2010, 10:04 PM
how long is defensive driving?

BaseballUmp
03-29-2010, 10:05 PM
about 6 hours, and its mandated that it must take atleast that long by law lol we tried getting out of it early, but they said it was against the law if someone reported it haha

Ranger Mom
03-29-2010, 10:06 PM
Originally posted by PHS Wildcats
how long is defensive driving?

I think it's like 6 hours.

That's about what an online course takes too....but my son did his over a 2 week span of time, so it wasn't bad.

DU_stud04
03-29-2010, 10:09 PM
Originally posted by PHS Wildcats
how long is defensive driving? i did mine online.... 6 hours i think? i watched a few movies while it was on in the background.... everyone who has done the comedy type defensive driving that i know has enjoyed it. i remember getting my first speeding ticket dropped, i was 12 over the limit... was running a little late going to a scholarship dinner, hahaha

STANG RED
03-29-2010, 10:30 PM
I got one that was real stupid like that one time. I went to court and plead not guilty. Judge said I'd be notified of a court date. I never heard another thing about it.

Old Dog
03-29-2010, 10:31 PM
JP should let you off. Two autos of the same year and model can easily be off by more than 2 mph. Hell, different tires can change the mph more than that.........that's why most officers give 5 mph leeway.

Cop should know that; his girlfriend/wife must have rejected him last night, and he still had his feeling hurt......LOL.

BaseballUmp
03-29-2010, 10:33 PM
Originally posted by Old Dog
JP should let you off. Two autos of the same year and model can easily be off by more than 2 mph. Hell, different tires can change the mph more than that.........that's why most officers give 5 mph leeway.

Cop should know that; his girlfriend/wife must have rejected him last night, and he still had his feeling hurt......LOL.
Haha yea my stepdad owns a tire shop and with the tires on my truck he said itd increase my mph to prolly +5 over my speedometer...well i forgot that and the cop didnt really care to hear that explination haha

garciap77
03-29-2010, 10:53 PM
Originally posted by LE Dad
I would highly suggest to try and get it dismissed. The worst thing the JP can do is say no, but if he says yes then you are out zero $.

If you were only 2mph over then you have a good shot. This guy was probably behind on his quota (yes they do have a quota) and it was the last weekend of the month.


LE DAD did you just post twice or is my med just kicking in?:D

BaseballUmp
03-29-2010, 11:01 PM
Originally posted by garciap77
LE DAD did you just post twice or is my med just kicking in?:D
haha yea i saw that too and wasnt it like 5 minutes apart? how do you do that? lol

BullsFan
03-30-2010, 08:40 AM
Originally posted by LE Dad
Yes, you pay court costs. It will probably be as much as the ticket, but no record and no points.

Hmm. Hate to sound like an idiot, but what do you mean by points? Is that a local thing?

LE Dad
03-30-2010, 09:08 AM
Originally posted by garciap77
LE DAD did you just post twice or is my med just kicking in?:D No med problems GP.:D For some reason my browser locked up and I had to do a hard shutdown. When I rebooted my post was there a second time.:doh:



It was a good post so it probably needed to be up twice, just incase you missed it the first time.:clap: :nerd:






:cool:

LE Dad
03-30-2010, 09:14 AM
Originally posted by BullsFan
Hmm. Hate to sound like an idiot, but what do you mean by points? Is that a local thing? No it is statewide. "The Driver Responsibilty Act" assigns points to traffic violations. If you get too many points in a 3 year period you will be assessed a surcharge by the state on top of the fines you pay.

jason
03-30-2010, 09:18 AM
show up and plead not guilty and have a stack of papers that discuss the inaccuracy of radar detectors and that you have experts who will testify that their margin of error is high enough that only being 2 mph over is well within that margin - they will see the info you have and not want to deal with the court crap and probably dismiss it...


giving a ticket for 2 mph over is a douche-bag move...

Phantom Stang
03-30-2010, 09:49 AM
Originally posted by jason
show up and plead not guilty and have a stack of papers that discuss the inaccuracy of radar detectors and that you have experts who will testify.......

Please say you're kidding.

Knowing that they're going to get to pin some know it all city slicker's ears back, is what gets a lot of small town judges out of bed in the morning.

rancher
03-30-2010, 10:14 AM
Having 30 years + experience in the legal arena, never admit you were going above the speed limit. You need to determine what type of radar the troop was using and if he is certifed to use it, when was the last time he calibrated it and does he issue a citation to everyone he stops going over the speed limit. You might also request via the open records act from DPS the complaint record of this trooper to see what problems he may have. But in most counties and with the State of Texas being in a 17 billion projected budget defict THEY NEED YOUR MONEY. If you go before a JP, chances are the GOOD OLD BOY SYSTEM will work against you. If you have no other tickets, if is simply less hassle, just to pay the fine and take driver training. This will not go on your record unless you continue to drive fast.

BullsFan
03-30-2010, 10:43 AM
Originally posted by LE Dad
No it is statewide. "The Driver Responsibilty Act" assigns points to traffic violations. If you get too many points in a 3 year period you will be assessed a surcharge by the state on top of the fines you pay.

I guess I haven't gotten any tickets since that went into effect. I don't remember ever hearing about that before.

Green Bling
03-30-2010, 10:44 AM
I am a reformed speed-a-holic! I just feel the need for speed. Not bright, I know, but have finally given it up in favor of having more shopping funds! I got a ticket right after Mr. Bling and I got married. He was still teaching drivers' ed at the time. I took a lot of heat from our local Defensive Driving instructor for that. :D :D Good luck!!

LE Dad
03-30-2010, 11:08 AM
Originally posted by BullsFan
I guess I haven't gotten any tickets since that went into effect. I don't remember ever hearing about that before. Lol. No one has, but if you get enough points you will. It has been on the books since 2004. It was slid in with no insurance and DWI and nobody paid attention to this little part. Depending on what you are cited for as little as 2 tickets in a 3 year period could cost you an extra $1,000.
The best part is that there is a private company in charge of collecting these surcharges and they are raking in $$. I wonder who owns this company??:thinking:

and no I do not know from personal experience... I have a customer who found it the hard way about points and had to do a little research to see how this was not penalizing someone twice(which I still think it is). :rolleyes: :D

BullsFan
03-30-2010, 11:22 AM
Originally posted by LE Dad
Depending on what you are cited for as little as 2 tickets in a 3 year period could cost you an extra $1,000.
The best part is that there is a private company in charge of collecting these surcharges and they are raking in $$. I wonder who owns this company??:thinking:


:eek: :eek: :eek:

$1,000?? SERIOUSLY? On top of paying for a ticket? Unless we're talking about DUI/DWI, that seems a little excessing.

I wonder how hard it is to get that contract!

LE Dad
03-30-2010, 11:35 AM
Originally posted by BullsFan
:eek: :eek: :eek:

$1,000?? SERIOUSLY? On top of paying for a ticket? Unless we're talking about DUI/DWI, that seems a little excessing.

I wonder how hard it is to get that contract! I think DWI is 3-4 thousand!! I sure wish I could get in on that contract also. It just amazes me what gets passed in Austin without us knowing about it. I certainly agree it is important to prevent uninsured drivers and drunks from driving, but to hammer someone for minor traffic infractions is just a bit much.

garciap77
03-30-2010, 11:57 AM
Originally posted by LE Dad
I think DWI is 3-4 thousand!! I sure wish I could get in on that contract also. It just amazes me what gets passed in Austin without us knowing about it. I certainly agree it is important to prevent uninsured drivers and drunks from driving, but to hammer someone for minor traffic infractions is just a bit much.


Here is some info on this law:

Driver surcharges

DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.

Annual surcharges for certain convictions

Drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility or driving while license invalid will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense.

A first-time DWI results in a $1,000 surcharge, paid annually for three years. A second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.

A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.

The surcharge assessed for this program is in addition to other reinstatement fees required for other administrative actions.

Driver notification of surcharge and license revocation

DPS will notify the offending driver of the assessment of a surcharge on their license, via first-class mail. The notice will state the surcharge must be paid. Drivers who do not pay their surcharge within 30 days after the notice is sent will have their driving privileges revoked. The license will remain revoked until the person pays all surcharges and related costs, such as service/collection fees.

Who receives money from the surcharges

Each surcharge collected by the department under this law will be remitted to the Comptroller, on a monthly basis. Trauma centers and county and regional emergency medical services will receive 49.5 percent of the collected money, and the Texas Mobility fund will receive 49.5 percent of the collected money. The money that goes to trauma centers will be handled by the Texas Department of Health, while the Texas Department of Transportation will handle money going to the Mobility fund, which funds highway projects, including the TransTexas Corridor. The remaining one percent of the collected money will go to DPS for operation of the Driver Responsibility program.

The Driver Responsibility Program was passed into law as part of House bill 3588, article 10. (The text of the law is located at http://www.capitol.state.tx.us, page 152 of the Adobe text version

ssgmp5150
03-30-2010, 12:23 PM
Challenge the ticket in court. They don't tell you this, but you can argue the difference in calibration between your speedometer and his radar which is supposed to be plus or minus 5 mph! You will win every time. Just ask for his calibration records for his radar (which should be done every time he comes on shift and uses the radar) and then argue that two miles per hour is within the error range difference for calibration between your speedometer and his radar equipment.

LE Dad
03-30-2010, 12:24 PM
Originally posted by garciap77
Here is some info on this law:

Driver surcharges

DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.

Annual surcharges for certain convictions

Drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility or driving while license invalid will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense.

A first-time DWI results in a $1,000 surcharge, paid annually for three years. A second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.

A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.

The surcharge assessed for this program is in addition to other reinstatement fees required for other administrative actions.

Driver notification of surcharge and license revocation

DPS will notify the offending driver of the assessment of a surcharge on their license, via first-class mail. The notice will state the surcharge must be paid. Drivers who do not pay their surcharge within 30 days after the notice is sent will have their driving privileges revoked. The license will remain revoked until the person pays all surcharges and related costs, such as service/collection fees.

Who receives money from the surcharges

Each surcharge collected by the department under this law will be remitted to the Comptroller, on a monthly basis. Trauma centers and county and regional emergency medical services will receive 49.5 percent of the collected money, and the Texas Mobility fund will receive 49.5 percent of the collected money. The money that goes to trauma centers will be handled by the Texas Department of Health, while the Texas Department of Transportation will handle money going to the Mobility fund, which funds highway projects, including the TransTexas Corridor. The remaining one percent of the collected money will go to DPS for operation of the Driver Responsibility program.

The Driver Responsibility Program was passed into law as part of House bill 3588, article 10. (The text of the law is located at http://www.capitol.state.tx.us, page 152 of the Adobe text version DPS contracted this out. I can't recall the company name but it isn't DPS. I wish I could remember the exact details but it's been several years. It seems like this guy owed a $1000, but I didn't think it was DWI?

garciap77
03-30-2010, 04:16 PM
Originally posted by LE Dad
DPS contracted this out. I can't recall the company name but it isn't DPS. I wish I could remember the exact details but it's been several years. It seems like this guy owed a $1000, but I didn't think it was DWI?
The company is out of India!:D

BwdLion73
03-30-2010, 07:35 PM
[i]



giving a ticket for 2 mph over is a douche-bag move... [/B]

Jason is right at least go to court.

PHS Wildcats
03-30-2010, 07:41 PM
If the JP dismisses my ticket do I still have to pay court cost or anything like that.

You guys have been very helpful:clap:

BwdLion73
03-30-2010, 07:44 PM
Originally posted by PHS Wildcats
If the JP dismisses my ticket do I still have to pay court cost or anything like that.

You guys have been very helpful:clap:

NO.....dismissed is dismissed....go for it!

LE Dad
03-30-2010, 07:47 PM
You pay zero if it is dismissed.

Ranger Mom
03-30-2010, 10:36 PM
Originally posted by PHS Wildcats
If the JP dismisses my ticket do I still have to pay court cost or anything like that.

You guys have been very helpful:clap:

I would at least try and get it dismissed...if the judge won't dismiss it, then you haven't lost anything...you just have to got to Plan #2.

SintonFan
03-31-2010, 12:07 AM
Originally posted by LE Dad
I think DWI is 3-4 thousand!! I sure wish I could get in on that contract also. It just amazes me what gets passed in Austin without us knowing about it. I certainly agree it is important to prevent uninsured drivers and drunks from driving, but to hammer someone for minor traffic infractions is just a bit much.

I was aware of the law.:nerd:

Z-RO
03-31-2010, 02:29 AM
I would ask to see when the last time it (the radar gun) was calibrated, if it has been over a month the ticket is no good. I fought one of these one time and got a letter in the mail telling me it was dismissed.

Reds fan
03-31-2010, 03:43 PM
Originally posted by PHS Wildcats
I got a spedding ticket Friday night on my way to Dallas from a DPS Officer. Get this. He gave me a ticket for going 57 in a 55!! I ask him if her was serious and he said yes! This is my 1st ticket in my life and I'm 31.

What should I do? Pay the ticket? Take defensive driving or what? I work for UPS and if you have a ticket on your record, they will take you off your route for a year.

If I take Defensive Driving, do I still have to pay the ticket?
Can I take defensive driving online?

I see you drive for UPS. Do you have a CDL?

If so, you may not be able to take defensive driving. I seem to recall something to that effect....maybe someone can clear that up.

Emerson1
03-31-2010, 04:12 PM
You can set your cruise on 55 and even if you slightly start going downhill it's gonna go up to at least 57.

I'd challenge it. Ask for a trial by jury.

AP Panther Fan
03-31-2010, 05:24 PM
Can't you plead "no contest" and request deferred adjudication when you go to court (hopefully local)?

If you do end up taking defensive driving, be sure you go ahead and request a copy of your driving record asap from the State of Texas. It will take weeks to receive it and I believe you have to turn it in with your certificate of completion for the defensive driving.:thinking: (unless something has changed in the last year or so)

What a ridiculous ticket.:mad:

Phantom Stang
03-31-2010, 06:19 PM
Originally posted by PHS Wildcats
If the JP dismisses my ticket do I still have to pay court cost or anything like that.

You guys have been very helpful:clap:
It looks like you have a strong case, but I DO recommend that you contact an attorney who works the court you're supposed to appear before.

What town is the court in?

skins4life
03-31-2010, 06:23 PM
Originally posted by LE Dad
No it is statewide. "The Driver Responsibilty Act" assigns points to traffic violations. If you get too many points in a 3 year period you will be assessed a surcharge by the state on top of the fines you pay.

My son's friend had to pay the surcharge the other day and it cost him $305.00.