How To Beat A Failure To Control Speed Texas

How to Beat a Failure to Control Speed Ticket in Texas

Getting a speeding ticket in Texas, specifically a "failure to control speed" citation, can be frustrating and costly. This charge implies that your speed, while possibly not exceeding the posted limit, was still unsafe for the conditions. Fighting this ticket requires a strategic approach, focusing on evidence and legal arguments. This guide will walk you through the steps.

Understanding the Charge: Failure to Control Speed in Texas

The key to fighting this charge lies in understanding what it doesn't mean. It's not simply about exceeding the speed limit. Instead, a "failure to control speed" ticket alleges that you were driving too fast for the prevailing conditions, such as:

• Adverse weather: Rain, snow, fog, or other poor visibility significantly reduces safe driving speeds.
• Road conditions: Construction, potholes, or other road hazards demand slower speeds for safe navigation.
• Traffic density: Heavy traffic or congestion requires drivers to maintain a safe following distance and reduce speed.
• Visibility limitations: Even on a clear day, curves, hills, or other obstructions may limit visibility, requiring a reduction in speed.

The officer issuing the ticket must have observed your speed as unsafe relative to these conditions. This makes building a defense around the specifics of the situation crucial.

Building Your Defense: Gathering Evidence

Your defense hinges on demonstrating that your speed was appropriate for the conditions. Start gathering evidence immediately after receiving the ticket:

1. The Police Report: Analyze the Officer's Narrative

Carefully review the officer's statement on the ticket. Look for inconsistencies or lack of specific detail regarding the conditions. Did the officer accurately describe the weather, road conditions, and traffic? Any vagueness or omission can be used to challenge the ticket.

2. Witness Testimony: Find Supporting Accounts

Were there any witnesses who can corroborate your account of the conditions? Their statements can provide crucial support, particularly if they confirm the presence of adverse conditions.

3. Photos and Videos: Document the Scene (if possible)

If you can safely and legally obtain photographic or video evidence of the road conditions at or near the time of the citation, this is strong supporting evidence. This could include photos of road hazards or poor visibility.

4. Weather Reports: Obtain Official Records

Obtain weather reports from the National Weather Service or a reliable source for the time and location of the citation. This provides objective evidence supporting your claim of adverse conditions.

Legal Strategies: Presenting Your Case

You have several options for handling your ticket:

1. Contesting the Ticket in Court: Preparing Your Argument

Appearing in court gives you the opportunity to present your evidence directly to the judge. Your argument should center on the unsafe conditions and how your speed was reasonable given those conditions. Clearly articulate how the officer's assessment of your speed was flawed.

2. Negotiating a Plea Bargain: Seeking a Reduced Penalty

Sometimes, negotiating a plea bargain with the prosecutor is possible. This might involve reducing the charge to a less severe offense or reducing the associated fine.

3. Seeking Legal Counsel: Expert Assistance

If the potential penalties are significant, or you feel overwhelmed by the process, seeking legal advice from a qualified traffic attorney in Texas is strongly recommended. An attorney can guide you through the process, advise on your best course of action, and represent you in court if necessary.

Preventing Future Tickets: Safe Driving Practices

The best way to avoid "failure to control speed" tickets is to adopt safe driving practices:

• Check the weather before driving: Be aware of any potential hazards.
• Adjust your speed to conditions: Slow down in bad weather, heavy traffic, or near hazards.
• Maintain a safe following distance: This allows for more reaction time.
• Be aware of your surroundings: Pay attention to road conditions and potential hazards.

Successfully fighting a "failure to control speed" ticket requires preparation, evidence, and a clear understanding of the law. By following these steps, you can significantly improve your chances of a favorable outcome. Remember, the focus should be on demonstrating that your speed was reasonable given the circumstances.