Speed-Demons in Texas Beware! – No More Traffic School for YOU!
A new Texas House Bill (soon to become law, I’m sure), will remove the option of taking a driver safety course for those ticketed for a speed of 95 mph or more.
House Bill 586 amends the Code of Criminal Procedure to add the spouse or dependent child of a member of the U.S. military forces to the list of defendants eligible, at the discretion of the judge, to complete a driving safety course or motorcycle operator training and safety program in lieu of certain other court action on a traffic violation. This bill also makes a defendant charged with driving at a speed of 95 miles per hour or more ineligible to take a driving safety course in lieu of certain other court actioon.
It’s pretty stupid and irresponsible to be driving that fast in the first place; but, now, those that do will suffer stiffer penalties all around.
EDIT: Additional information added to post 9/16/2008
In response to Chuy’s comment below, I have researched and found additional information regarding the eligibility to take a driver safety course in the state of Texas.
Article 45.0511 of the Texas Code of Criminal Procedures (section p) lays down what traffic offenses deem one IN-eligible to take a driver safety course. Specifically, they are:
- Passing a school bus while stopped, with signals flashing (Tx Trans. Code 545.066)
- Leaving the scene of an accident (Tx Trans. Code 550.022)
- Failure to give proper information at an accident scene (Tx Trans. Code 550.023)
- A serious traffic violation, relating to commercial operation (Tx Trans. Code 522.003)
- Any traffic offense committed in a construction zone when workers are present. (Tx Trans. Code 542.404, 729.004(b))
You see, in that section of the law, there is NO mention of speeding of 25 mph or more. You have to dig a little deeper. Near the beginning of the same code, 45.0511(b)(5) states you are eligible to take the course if:
[you are] charged with an offense to which this article applies, other than speeding at a speed of:
(a) 95 miles per hour or more; or
(b) 25 miles per hour or more over the posted speed limitSo, basically, the 25 mph thing might as well be considered part of the IN-eligibility list.
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September 16th, 2008 at 8:15 am
Alright, Well i got a ticket 2 weeks ago for going 90 on a 65 mph speed limit. I show up the the P.D and request on taking the driving safety course. Well they tell me I am not elegible since I was going 25 mph over the limit!!!! What?!! I never read anything like that on these articles!! Could someone explain to me whats going on?
September 16th, 2008 at 8:58 pm
Yea, sorry Chuy!
That IS part of the law. I made an edit to the post above, just to clarify matters for those in situations like yours. Applicable laws regarding this issue can be found in the links in the edit above.
Tough luck! But, 90 mph IS quite speedy for a 60 mph zone. Be careful out there!
September 17th, 2008 at 10:14 am
I went to court today and I asked the judge if I could take the traffic school course but he said I couldnt and yes the law states that if you go above 25 mph the speed limit you arent elegible to take the course so I decided to contest my citatation. Then the judge was kind of surprised and told me he will review the dash patrol video I would receive a letter in the mail with my court date. I’ll let you know what happends with my ticket after I go to court and try to fight it. I hope it gets dismissed since I got pulled over in between 6 or 7 vehicles that were speeding just like I was so the cop couldnt get a specific radar measurment of my speed on the highway. Wish me luck.
October 10th, 2008 at 3:55 pm
Ok, well I am back with some comments about my ticket.
I went to court yesterday and I was ready for my trial sine
I am fighting my ticket. They kept me waiting there 30 minutrse
after my trial until the county clerk called me and said that
the officer couldnt make it since his car broke down on the
way to court.. BS !! anyways I demanded to see the Judge so he
could dismiss my case since the officer didnt show up for trial
but she refused!. I live 60 miles away from there and I told
them it wasnt fair, she responded ( if you dont show up will issue
a warrent for your arrest. So they re-scheduled my court date..
Is this legal? how could I defend myself in this situation?
Is there a constitutional right that will help me out here??
I need some advice!!???
October 11th, 2008 at 8:25 pm
Hi Chuy,
The thing I am wondering is…
Was October 9th the actual date for your trial? Usually, before the actual court date, there is an arraignment as well as a pre-trial hearing. The officer who issued the ticket is not required to attend either of these events. I suspect that your meeting on Thursday the 9th was not actually the court date; but, you may have inadverdently waived your right to a pre-trial hearing. Then, it may be possible that it would go directly to trial.
If the 9th WAS actually your trial date, I DON’T understand how the judge was able to reschedule. That’s highly irregular. If YOU had car trouble, you can be sure that the trial date WOULDN’T have been rescheduled.
You might try contacting a lawyer referral service in your area. Most of those services will recommend a lawyer based on your type of case. Then, you can arrange to have a consultation (usually 30 minutes) with that lawyer for a very modest fee (around $20). I know from experience that just a 30-minute consult with a lawyer can clarify LOTS of issues in a short time. Give it a try; and, let us know what you find out.
October 24th, 2008 at 10:53 pm
Well I got news for you… My case was dismissed. The officer couldnt show evidence to the
court so the officer requested dismissal due to lack of evidence. The judge agreed and I was
the winner. I kept 450 dls in my pocket. See guys, this is what happends when you stand up
and not let yourself be fooled by the law. Next time you get a citation dont argue with the
officer, instead go to court and fight there. The officer isnt the judge so do the least
so that the officer wont remember you on your court date. Fight and dont give up. You have
nothing to lose. Chances are higher on your part on winning. PS.. I didnt need a lawyer either.
October 26th, 2008 at 5:39 pm
The officer couldn’t show evidence of your speeding ticket??? Well, I’m not sure why that happened; but, Yes! You are absolutely right about standing up for your rights, and not just letting the courts walk all over you.
Good for you, Chuy!
October 27th, 2008 at 5:42 pm
I have a question.. I know there is a way to fight a ticket through
“TRIAL BY DECLARATION”. Is this possible in the state of Texas?
Plese reply since this is very important. Thank You
October 27th, 2008 at 8:15 pm
Trial by declaration allows a defendant to state their case in writing, send it to the judge, and have the judge make a decision based on the facts presented in the letter. However, ONLY NINE STATES allow Trial by Declaration:
California, Florida, Hawaii, Indiana, Louisiana, Nebraska,Ohio, Oregon, and Wyoming.
Texas is one of the other 41 that DO NOT allow this method of dealing with tickets.
Sorry, but it looks like you’re out of luck. Did you receive this ticket while out-of-town? Are you from outside of Texas? Why are you wanting to use “Trial by Declaration”?
Keep us informed on how things turn out!