Texas Speaking Ticket: What Laws Apply?

Speeding tickets are a common traffic violation in Texas and can have a significant impact on your finances and driving record. Texas speeding laws are designed to keep everyone safe on the roads, and the penalties for speeding depend on how fast you were going, the type of area you were driving in, and whether you have any existing violations. The cost of a speeding ticket in Texas ranges from $155 to $340, and drivers may also be subject to additional fines, demerit points, and increased insurance premiums. Understanding your rights and the potential consequences of a speeding violation in Texas is crucial, and consulting with an experienced attorney can help you navigate the legal process effectively.

Pleading guilty or not guilty

If you've received a speeding ticket in Texas, you have three options: pay the fine, plead guilty, or plead not guilty.

Pleading Guilty

If you choose to plead guilty, you will have to pay the full amount of penalties and court costs, and you will be assessed two points on your license for a moving violation. You may also see an increase in your car insurance premium.

Pleading Not Guilty

Pleading not guilty isn't as simple as it sounds. The officer who gave you the ticket and the judge are both well-versed in traffic laws and have experience on their side. If you have the means, hiring an attorney who specializes in traffic law can be extremely helpful. It's worth noting that even if you fight the ticket, you might not get it dismissed completely, and you may still face fines and penalties.

To plead not guilty, you must notify your county court before the due date on your ticket. You will then receive a court date to argue your case before a judge. If you have good evidence, such as a speed sign obstructed from view or a provable error on your ticket, be sure to bring proof to back up your case. Present your case in a calm, collected manner.

If the judge agrees that you did not intentionally break the law, your ticket could be dismissed. On the other hand, they may choose to reduce your fine instead of dismissing your citation. In this case, you can request approval to take a defensive driving course to dismiss your ticket from your driving record.

You also have the option to plead no contest and request a deferred disposition. If you haven't received a deferred disposition in the past 12 months and you don't have a commercial driver's license, the court may allow you to pay the fine and take a defensive driving course to keep the ticket and points off your record. However, your license may be put on probation for 90 days to one year.

Other Options

If you receive a speeding ticket in Texas, you may also be eligible to take a driving safety course. To be eligible, you must not have completed a driving safety course in the previous 12 months, your speeding ticket must be for less than 25 miles per hour over the posted speed limit, you must be at least 17 years old, and you must present proof of insurance.

Fines and fees

• $224 for exceeding the limit by 1 to 5 miles per hour
• $234 for exceeding the limit by 6 to 9 miles per hour
• $259 for exceeding the limit by 10 to 14 miles per hour
• $284 for exceeding the limit by 15 to 19 miles per hour
• $309 for exceeding the limit by 20 to 29 miles per hour
• $334 for exceeding the limit by at least 30 miles per hour

In San Antonio, Bexar County, the fines are slightly different:

• $185 for exceeding the limit by 1 to 10 miles per hour
• $210 for exceeding the limit by 11 to 15 miles per hour
• $235 for exceeding the limit by 16 to 20 miles per hour
• $260 for exceeding the limit by 21 to 25 miles per hour
• $285 for exceeding the limit by 26 to 30 miles per hour
• $335 for exceeding the limit by 31 miles per hour or more

It's important to note that speeding in a school or construction zone will typically result in higher fines. For example, speeding in a school zone in San Antonio can add $20 per mile over the speed limit to the total fine.

In addition to the base fine, there may be other fees and costs associated with a speeding ticket in Texas. Court costs can range from around $100 to $150, and if a driver chooses to take a defensive driving course to reduce their fine or avoid points on their license, there will be a cost for that as well.

Speeding tickets in Texas can also have indirect financial consequences, such as increased insurance premiums and potential impacts on employment, especially for jobs that require a clean driving record.

Appearing in court

If you receive a speeding ticket in Texas, you must make a court appearance, regardless of whether you plan to admit guilt or not. The date of your appearance will be specified by the police officer issuing the ticket. You must plead guilty, not guilty, or no contest on or before this date. You can appear in person (with or without an attorney) by taking the citation with you to court, or you can mail it to the court, ensuring it is postmarked by the appearance date.

If you do not wish to appear in court, many courts offer alternative options, such as resolving the citation by telephone or online. Attorneys can also appear in court on your behalf. However, it is not recommended to simply pay your speeding ticket to avoid a court appearance, as this can result in a conviction, a driver's license suspension, and increased insurance premiums.

If you fail to appear in court for your speeding ticket, you may be arrested and taken to jail while awaiting judicial action.

If you choose to appear in court, you can contact the court before your appearance date to find out the total amount of the fine. This allows you to pay the fine when you make your appearance. If you do not pay the fine at this time, the court will send you a notice, and you will have 30 days to pay in full. At this point, you can also choose to plead guilty, not guilty, or no contest. If you refuse to enter a plea, the court will enter a not guilty plea for you.

Pleading Options

• Guilty: You admit that you committed the speeding offence and will have to pay the associated fine.
• Not Guilty: You deny that you committed the speeding offence and will have the opportunity to defend yourself in court.
• No Contest: You do not admit or deny the offence but are willing to accept punishment. This plea has the same outcome as a guilty plea, but it cannot be used against you in a related civil suit.

Arrest warrants

In Texas, arrest warrants are generally issued in cases of failure to appear in court or failure to pay fines. According to Texas law, an arrest warrant is a written order from a magistrate, addressed to a peace officer, directing them to arrest and bring before the court a person accused of an offense.

Types of Arrest Warrants

There are two types of arrest warrants that can be issued in Texas:

• Failure to Appear (FTA or Alias Warrant): If an individual fails to appear in court by the date specified on their ticket, an FTA warrant may be issued for their arrest. This is a separate criminal offense, carrying additional fines and court costs.
• Capias Pro Fine Warrant: This type of warrant is issued if an individual fails to pay their fine in full after a conviction. It can also be issued if an individual stops making payments on a payment plan or fails to complete court-ordered community service.

Requirements for Issuing an Arrest Warrant

Before issuing an arrest warrant, the court must follow certain procedures as outlined by Texas law:

• The court must send a notice to the individual specifying the date and time they must appear before the judge within 30 days.
• The notice must include the name and address of the court, information about alternatives to full payment of the fine, and the consequences of failing to appear.
• If an individual does not receive this notice, they should contact the court to set up an alternative date and request that the warrant be cleared.

Arrest Warrant Roundups

It is important to note that Texas cities and municipalities periodically conduct ticket warrant roundups, actively pursuing the arrest of individuals with outstanding ticket warrants. This can include showing up at individuals' homes or workplaces to make arrests.

Resolving an Arrest Warrant

If an arrest warrant has been issued, individuals should contact the court and explain their reasons for missing court appearances or failing to make payments. They may also seek legal advice or representation to help resolve the issue and avoid potential arrest.

Traffic violations

In Texas, speeding is a Class C misdemeanour, punishable by a maximum fine of $500. Speeding tickets are among the most common traffic violations in the state, and they can have a significant impact on your driving record, insurance rates, and finances.

The consequences of a speeding ticket in Texas vary based on the severity of the offense. Speeding tickets are categorized into three classes: Class C Misdemeanor, Class B Misdemeanor, and Class A Misdemeanor.

• Class C Misdemeanor: This is the least severe category and is usually given for speeds below 10 miles per hour over the posted speed limit. These tickets typically result in fines and points on your driving record, but they do not carry the risk of jail time.
• Class B and Class A Misdemeanor: These tickets are more serious and can lead to higher fines, points on your driving record, and even jail time. They are commonly issued for speeds exceeding 25 miles per hour over the posted limit or for reckless driving.

The specific fines for speeding in Texas depend on how much you exceed the speed limit and where you received the ticket. Fines are typically calculated based on a scale that considers the number of miles per hour over the posted limit. For example, in some Texas municipalities, the fine for speeding 1-5 miles per hour over the limit is $224, while speeding 30 miles per hour or more over the limit can result in a fine of $334 or more.

It's important to note that speeding in a school or construction zone can result in higher fines. For instance, in Houston, a speeding ticket for going 15 miles per hour over the limit normally has a fine of $284, but this increases to $309 if you're caught speeding in a school zone and goes up to $414 if you're caught in a construction zone with workers present.

In addition to fines, speeding tickets in Texas can also result in other consequences, such as:

• Increased insurance premiums: Insurance companies consider traffic violations when determining your premium rates. Multiple speeding tickets or a history of violations can result in significantly higher insurance costs.
• Driver's license issues: Accumulating multiple speeding tickets or failing to appear in court for a speeding ticket can result in the suspension or revocation of your driver's license.
• Defensive driving course requirements: Depending on the severity of the offense and your driving record, the court may mandate that you complete a defensive driving course.
• Impact on employment: Certain professions, such as commercial truck drivers or jobs that require a clean driving record, may face additional consequences due to a speeding ticket.

If you receive a speeding ticket in Texas, it's important to understand your options and take appropriate action. You can choose to pay the fine, which will result in points on your driving record, or contest the ticket in court with the help of an experienced traffic ticket attorney. Seeking legal advice can help you explore options to potentially reduce or dismiss the charges, which can positively impact your insurance premiums and driving record.

Frequently asked questions