Is there any point in fighting this ticket?

[movingex]

Just looking for opinions as I know that I need to pay a lawyer if I want real legal advice.

I got a speeding ticket in Farmers Branch on Josey lane which runs north and south in front R.L. Turner High School. The ticket was based on the Flashing light as the actual speed zone was not in effect at the time of day (11:30). It was flashing because it apparently was the last day of school there.

The problem is that the only flashing light was at the extreme north end of the school on Josey and I made a left turn on to Josey at the south end of the school waay past the light.

The light faces north and was about 50 yards behind me when I turned on to Josey so I had no way of seeing the flashing light.

My guess is that it's pointless to try to fight this even though there was no way that I could have possibly known that there was a flashing light.

Anybody been in a similar situation? What do you think, fight or just take defensive driving?

[JohnT]

Do you know what the fine is?

[movingex]

Originally Posted by JohnT

Do you know what the fine is?

$250.00 bucks I think.

[Hogleg 44]

Was there a 'School Speed Zone' sign on the street you turned off of? And assuming there was, and there usually is, what were the hours that were shown as effective on that sign? If, by that sign, the school zone speed limit was not in effect when you were ticketed, it looks to me like you might have a resonable argument.

[movingex]

Originally Posted by Hogleg 44

Was there a 'School Speed Zone' sign on the street you turned off of? And assuming there was, and there usually is, what were the hours that were shown as effective on that sign? If, by that sign, the school zone speed limit was not in effect when you were ticketed, it looks to me like you might have a resonable argument.

I went back over there and checked it out. There only two flashing lights, one on the north (facing north) and south (facing south) ends of the school.

[JohnT]

Originally Posted by Hogleg 44

Was there a 'School Speed Zone' sign on the street you turned off of? And assuming there was, and there usually is, what were the hours that were shown as effective on that sign? If, by that sign, the school zone speed limit was not in effect when you were ticketed, it looks to me like you might have a reasonable argument.

I agree. Sounds like you have a decent chance for dismissal if this is the case.

[CaptainTom]

I also believe you should give it a try. Present your case in a calm and reasonable manner, and let the court decide whether it has merit or not.
From your explanation it sounds like a reasonable defense. I wouldn't get a lawyer unless you feel the need.

[LDB]

If you can, get someone to ride with you to operate a video camera. Drive the exact route you drove then with the camera recording the side of the road to show there was no signage or warning lights on your route. Take that in with you if you go to plead your case. Alternatively, if you take defensive driving you'll get a 10% discount on part of your insurance for the next 3 years. Good luck.

[Jeff_Green]

Now correct me if I am wrong, but if you fight the ticket and lose it goes on your record... you can not go through defensive driving OR deferred adjudication. Once you lose your contest you are stuck. That's what I was told by a judge once... so I chose not to fight!

[movingex]

Originally Posted by Jeff_Green

Now correct me if I am wrong, but if you fight the ticket and lose it goes on your record... you can not go through defensive driving OR deferred adjudication. Once you lose your contest you are stuck. That's what I was told by a judge once... so I chose not to fight!

I just called and that is the case. If go to court and loose it goes on my record. Seems unfair but that's the way it is so I will just opt for the defensive driving.

Thanks for bringing up the question.

[SCone]

Take Defensive Driving to handle the ticket, then petition the city to fix the light issue. Once the city changes the light/signage, go back to the courts to get your money back.

[epoh]

If the school zone is effect, you will loose. Regardless of flashing lights or signs. Ignorance is not exemption from tickets, sadly.

[movingex]

Originally Posted by SCone

Take Defensive Driving to handle the ticket, then petition the city to fix the light issue. Once the city changes the light/signage, go back to the courts to get your money back.

If I can muster up the time/energy to pursue this would be the way to go.

Thanks

[dtown]

You can go to the court clerks and plead no contest and they will set you up to see the judge, when you talk to the judge you can present the scenario. He / she will either tell you your SOL or that they would need to see you in court. The next time you can tell them again and decide on trial or deferred as the officer / prosecuter will be present.

This is at least my experience and I got deferred for 40 over without a lawyer. You just have to present the facts and know the limits of what the judge can do, it isn't so much the limit of what they will do.

[blatallic]

I would get a lawyer...the ones that I use charge 75 but I have never had a ticket on my record with them, all of them have been dismissed...

Once the officer showed up, I still got it dismissed just had to wait longer than usual...

Thats my advise