January 28, 2016

Asked 1/26/2016 – Houston, TX

i got a speeding ticket citation and I was wondering if I could do defensive driving if I went 24 mph over the speed limit but was driving 99 mph. I’m confuse whether I can because I read that you are ineligible if you speed 25 or more over the speed limit, and drive 95 mph or faster. But if I only went 24 mph over the speed limit even though I was driving 99 mph can I still take it? Because some sites don’t mention that I can’t take it if I drive faster than 95 mph

Answer

The law you speak of is Texas Code of Criminal Procedure Article 45.0511 (b)(5)(A). Speeding cases where the alleged speed is 95 m.p.h. or more are exempt from the mandatory defensive driving statute. You may have to hire an attorney to keep this from your record; even then, the result is not guaranteed.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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