Breaking the speed limit has harsh consequences in the state of Texas. Driving even one mile over the posted speed limit can result in receiving a speeding ticket. A driver that is convicted of speeding in Texas is subject to paying court costs plus a fine ranging from $130 to $300 in the Houston city limits.
This article re-printed from the Fort Bend County, TX Criminal Law Firm
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Texas Speed Limit Laws
Section 545.351(1) of the Texas vehicle code states that, “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards.”
2 Types of Speeding Laws
In the state of Texas there are two types of speeding laws: a “basic speeding law” and “prima facie speed limits.” Texas’s basic speeding law means the driver must never drive faster than what is safe for present conditions, regardless of the posted speed limit. For example, driving at 60 miles per hour on a dark and rainy road can be unsafe, which in turn is a violation of the basic speeding law. Texas’s “prima facie speed limits” are defined in the Texas Transportation Code Section 545.352, “A speed in excess of the limits is prima facie proof that you are guilty that the speed is not reasonable and prudent and that the speed is unlawful.”
When can you lose your license for speeding?
FROM THE TEXAS DPS
You should never drink and drive. A DWI Lawyer might be able to help you avoid lengthy jail time but drunk drivers have a hard time living with the life they extinguish.
Going to Court for Traffic Tickets
Drivers that are issued speeding citations have the option to go to court and plead guilty, no contest, or plead not guilty. A guilty or no contest plea will result in having to pay a fine and your ticket. A plea of not guilty gives a Texas driver the opportunity to present their case in court in front of a judge.
Video courtesy of Sugar Land, TX Criminal Attorneys
Speeding in a School Zone
Police officers and state troopers use speedometers to determine the speed of a vehicle, and generally give a two mph leeway when determining how fast a car is moving. School zones in Texas have special reduced speed limits, and should be followed when children are present and going to and from school. If a driver is caught speeding in a Houston school zone, the driver faces a fine of $215 for driving 1-5 miles per hour above the posted speed limit. Instances where a driver is going eight miles per hour over the legal limit on a freeway are easier to avoid harsh treatment, and even the case could be dismissed as cases like these are generally easier to fight in court versus speeding a school zone. Texas drivers must always go the posted speed limit in a school zone.
Prima Facie Speed Limits
Texas’s “presumed”, also known as “prima facie” speeding limit laws, are different from other states that have “absolute” speed limits. In Texas, presumed violations give drivers more leeway. Under the Texas Transportation Code Statue 545.351, as long as a driver is driving safe and only going a few miles per hour above the posted limit, it is can be considered legal if the weather is good and the traffic is light. Keep in mind that ticketing is up to the officer’s discretion.
If you are arrested for a traffic violation in Texas, then contact a criminal defense law firm as soon as possible.